TE PIRINGA FACULTY OF LAW
Human Rights Law 2014 Outline
1.
Identification of Paper
Paper: LAWS442-14B
This paper carries 20 points
2.
Staffing
Associate Professor Claire Breen
(Convenor)
Room: Law G.31
Phone: ext. 6037
email: cbreen@waikato.ac.nz
Offices Hours: by consultation
Andrew Erueti
Phone: ext 8218
Room: LAW.G.19
email:aerueti@waikato.ac.nz
Offices Hours: by consultation
3.
Description and Structure of Paper
(a) An introduction to the laws governing the protection of human rights both at the national and
international level. Students will explore the framework of human rights protection and the
enforcement mechanisms
(b) Structure of the Paper
This paper is taught through 2 x 2 hour lectures over the course of B semester as follows
Wed
11:00
13:00
L.G.03
Fri
10:00
12:00
S.1.05
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers and attendance facilitates students’ understanding of topics and
materials
4.
Learning outcomes
A student who has completed the course successfully will be able to:
(a) employ enhanced research and writing skills;
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(b) understand, at an introductory level, the contextual constraints and possibilities
associated with human rights;
(c) be familiar with the laws, procedures and institutions which comprise international and
national human rights;
(d) feel encouraged to provide a critical examination of contemporary international and
national human rights law and practice.
5.
Workload
Students should expect to spend 200 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST.
Students will be provided with a reading list, which will form the basis of the material covered in
class.
Introductory chapters to human rights law can be found in International Law texts such as
Ian Brownlie, Principles of Public International Law, (8th ed, OUP, Oxford: 2012)
D.J. Harris, Cases and Materials on International Law, (7th ed, Thomson/Sweet & Maxwell,
London: 2010)
R.M.M. Wallace and O. Martin-Ortega, International Law (6th ed, Thomson Reuters,
London: 2009)
A Cassese, International Law, (2ed OUP: 2005)
A Abass International Law: Text Cases and Materials (OUP, Oxford: 2012)
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
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7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.51 which is
available from http://www.waikato.ac.nz/law/undergraduate. See also page 66 on plagiarism.
Also refer to paragraph 12 in this document.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Coursework: Final Examination Ratio: [100:0]
c)
Assessment Components
Component
Percentage of overall mark
Due date
Research Proposal
10%
Monday, 18 August, 5pm
Test (90 minutes)
40%
Research Project (4,000 words)
50%
Friday, 17 October
(during lecture time)
Friday, 7 Nov 5pm
Research Proposal
The research proposal should be 1,000 words in length and comprise:
A Topic and Thesis Statement. This sets out in one or two paragraphs the topic you intend to
research. The statement should open with the questions and issues which have stimulated your
interest in the topic followed by an explanation of why these questions merit the research in the
way you propose. The statement should include a tentative thesis statement in which you
articulate the propositions upon which your research paper is focused and any conclusions which
you anticipate may emerge from your research.
An Annotated Structural Outline: this comprises an annotated outline of the structure of the
proposed paper broken down into section headings. Under each heading you should provide a
short explanation of how this section of the paper relates to the purpose of your research and
your argument. Bear in mind the logic of the argument you want to make in support of the
conclusion you aim to draw in answering your research questions.
An Annotated Bibliography: this comprises an interim bibliography annotating the items of core
literature that appear to be relevant to your topic. 8-10 items should suffice
The research proposal is not binding. Research work inevitably keeps changing, right up to its
completion. The process of putting a proposal together verifies that you have found at least one
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piece of work that appears to be viable, and have begun to think systematically about the issues it
raises.
You may be required to amend your research proposal to ensure that you are adequately
prepared to begin writing your research paper. The criteria involved in marking the proposal
include:




Clarity of definition of the topic;
Logic, clarity and organisational structure of the outline;
Relevance of the annotated bibliography and quality of the annotations;
Proper use of the New Zealand Law Style Guide.
Test
Any topic covered in the course may be in this 90 minutes test. Students will be required to
answer three questions. There will be a reasonable choice of questions. It will be an OPEN BOOK
test. The test is aimed primarily at allowing the student to demonstrate his/her understanding at
an introductory level, the contextual constraints and possibilities associated with human rights
and the extent of their familiarity with the laws, procedures and institutions which comprise
international and national human rights. It will also allow the student to provide a critical
examination of contemporary international and national human rights law and practice.
Research Project
The preparation of a good human rights research project is a key component of this course. In
this paper the student must demonstrate the ability to:




Engage in a detailed and critical analysis of the law relevant to the topic;
Locate the topic in the relevant context(s);
Make appropriate comparisons, if relevant; and
Identify, discuss and analyse relevant core legal concepts.
Much of the course is designed to help students identify and deliver an interesting, wellresearched human rights project of their choice. Students are at liberty to research any human
rights project. On a regular basis, lecture time will be set aside to discuss students’ possible and
actual research projects. Students are encouraged to discuss informally in class their research
ideas, outlines, resources, difficulties and progress.
The research project will allow the student to employ enhanced research and writing skills. It will
also allow the student to provide a critical examination of contemporary international and
national human rights law and practice.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See
Te
Piringa
Faculty
of
Law
Undergraduate
Handbook,
available
at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
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If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the intervening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 14
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
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assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2014 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2014, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal test or exams.
v) If you wish to submit your Internal Assessment in Mãori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Mãori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Mãori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2014:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
However, students may find intellectual/academic linkages between this paper and LAWS476 Laws
of Armed Conflict, LAWS437 Public International Law and LAWS405 Contemporary Treaty of
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Waitangi Issues. In addition, this paper will be an essential paper for any students seeking to do
further work in Human Rights Law at Graduate level.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2014
Calendar)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Law School’s Health and Safety representative is to be advised, but if there is a problem,
please report the incident to the Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
See p.43 Te Piringa Faculty of Law Undergraduate Handbook available from
http://www.waikato.ac.nz/law/undergraduate/. Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Jeanie Richards, Student Services, ext.
8221, email: student.reps@waikato.ac.nz.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2014. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
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Lecture Schedule B semester
Week Commencing
Programme of lecture topics
14 July (Semester B Starts)
AE History of Human Rights
Relativism and Universalism
21 July
AE NGOs and Human Rights
Contemporary Forms of Slavery
28 July
Human Rights and the UN
Regional Protection
4 August
Economic, Social and Cultural Rights
Right to Health
11 August
Right to an Adequate Standard of Living
Civil and Political Rights
18 August
Right to Life
Right to Free Expression
25 August
Teaching Recess
1 September
Teaching Recess
8 September
AE Combatting discrimination based on
sexual orientation and gender identity
Minorities and human rights
15 September
AE Indigenous peoples and human rights I
Indigenous peoples and human rights II
22 September (Kingitanga Day TBC)
Rights of Persons with Disabilities
Refugees
29 September
Women’s Rights
Children’s Rights
6 October
Human Rights and Armed Conflict
Human Rights and the Environment
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13 October
AE Business and Human Rights
Human
Rights
and
Post-2015
Development Agenda
20 October
Study Week
27 October
Examinations 27 October Labour Day
3 November
Examinations
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