Human Rights Clinic (Non-Intensive) - JURD7360
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 3
Enrolment Requirements:
Prereq: Lawyers, Ethics & Justice (LAWS1230/JURD7130), Resolving Civil Disputes (LAWS2371/JURD7271), Court Process, Evidence & Proof (LAWS2351/JURD7251) OR Law, Lawyers & Society (LAWS1210/JURD7110), Lit. 1 (LAWS2311/JURD7211), Lit. 2 (LAWS2321/JURD7221)
Equivalent: LAWS3060
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
Students’ clinic projects are intended to have a systemic impact on law or policy. They may involve, for example, supporting organisations in Asia and Australia to bring or intervene in public interest litigation within national courts to implement international human rights standards; drafting communications to UN human rights bodies on behalf of individual noncitizen clients or communities; documenting systemic rights violations, and producing an advocacy report; drafting rights-based guidelines, manuals or other educational materials for lawyers and/or communities; drafting letters of advice to Asian NGOs on the application of international human rights treaties in their domestic context; drafting white papers and law reform submissions; or filing freedom of information requests.
Note that preference is given to students who apply for the 12 UOC version of the program:
Human Rights Clinic – LAWS3309
Human Rights Clinic – JURD7409
Convenor
Recommended Prior Knowledge
Course Objectives
- To be able to identify and critically assess various legal and non-legal strategies that may be employed by human rights lawyers and advocates in different settings, and critically evaluate the role of law and lawyers in protecting and advancing human rights;
- To apply research, writing and problem-solving skills in formulating policy and legal responses to current human rights problems;
- To develop practical lawyering skills, including oral and written communication and drafting skills, while gaining experience in producing timely and professional written work-product that may be relied upon by other professionals;
- To enhance skills required to engage professionally with a variety of stakeholders in domestic and international contexts, demonstrating appropriate cultural sensitivity and an understanding of ethical, political and professional accountability issues related to human rights work.
Main Topics
Students will work on specific litigation or advocacy projects to advance the human rights of migrants and refugees/asylum seekers in Australia and the Asia Pacific region. Projects will address issues such as interception and detention of asylum seekers, policing of immigration, national security, access to justice and the protection of social and economic rights.
Assessment
Clinic Performance - 70%
1. Skills and written work product, including conducting thorough legal and factual research which demonstrates depth of thought and analysis, as well as appropriate prioritisation of legal and/or factual issues for consideration and research; investing appropriate time and intellectual rigour to ensure that written work product is logically organised, concise and checked for errors; presenting all work product in a timely and professional manner; and applying creative problem-solving skills to substantive and organisational issues.
2. Professionalism and proactive engagement, including maintaining files appropriately; allocating and controlling time and effort efficiently; working collaboratively with fellow students and staff; dealing with project partners and clients in a considered and appropriate way; taking initiative in the resolution of problems or progression of projects; accepting responsibility and seeking guidance after analysis, research and consideration of a problem; considering critically the appropriateness of a legal remedy; acknowledging limitations in knowledge and ability; and ensuring that all conduct is consistent with professional ethical responsibilities.
3. Reflection and analysis, including ongoing critical reflection on the ethical, political, cultural and professional issues that arise in the context of human rights lawyering, particularly with migrant and refugee communities.
Seminar Participation - 30%
Students are expected to consistently attend and actively participate in the weekly 2 hour clinic seminars, and to read and critically reflect on assigned readings each week. Topics covered will include various practical and ethical issues related to human rights lawyering; international and comparative legal research; submission-writing; advocacy report-writing; ethics and accountability in human rights lawyering; advocacy and the media; and various issues arising out of current clinic casework and projects. Students will be assessed on the basis of:
- Active participation in class discussion based on assigned readings
- Presentation of current cases and projects, including identifying issues raising ethical, strategic and substantive questions for discussion with fellow students, and engaging in discussion on issues raised by other students
- Performance of set exercises and tasks in class
Study Levels
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