www.monash.edu

ATS1315Human Rights Theory 2, 2011This unit investigates a number of current debates that involve human rights that have implications for recent political controversies. For instance: do cultural and religious minorities have special claims to group rights? Can group rights be reconciled with the individualist basis of human rights-thinking? Do the expanding rights of children conflict with the rights of parents to exercise parental authority? Does human rights-discourse create a culture of litigiousness and selfishness? If we ascribe rights to groups to maintain the existence of their culture, does this conflict with our duties to receive refugees?

Mode of Delivery On Campus, Clayton and Caulfield

Workload 3 contact hours (1 x 2 hour lecture and 1 x 1 hour tutorial) + 9 hours of independent study per week.

Prerequisites ATS1314 is not required but strongly recommendedChief Examiner Dr Toby HandfieldUnit Coordinator: Dr. Linda BarclayOffice location: Menzies, Building 11, W918Campus: ClaytonPhone: 9905 4278Email: linda.barclay@monash.edu

Please DO NOT confuse me with another Linda Barclay who works at Monash ( linda.barclay2@monash.edu ).

Office hours: Clayton (11, W918): Mondays 11-12Caulfield: (H8,23): Wednesdays 2-3

Tutor(s) Nick Munn, Ros Furney, Sam Green.Office location: Clayton: 11, W904; Caulfield: H8, 10Campus: Clayton and CaulfieldPhone: Clayton: 99055216; Caulfield: 99034973Email: nicholas.munn@monash.edu,

rosalyn.furney@monash.edu, samuel.green@monash.edu

Consultation hours: TBA – Check with Tutor

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

http://www.monash.edu.au/pubs/2011handbooks/units/ATS1315.html

SEMESTER TWO2011

ACADEMIC OVERVIEWLearning ObjectivesStudents successfully completing this subject should have developed:

1. Mastery of the content of several key controversies surrounding human rights.2. Improved writing skills.3. Improved oral communication skills.4. Familiarity with central positions in philosophical accounts of the justification and

explanation of human rights.5. Skills to assist them to conduct independent research in human rights topics.

Graduate AttributesMonash prepares its graduates to be:

1. responsible and effective global citizens who:a. engage in an internationalised worldb. exhibit cross-cultural competencec. demonstrate ethical values

2. critical and creative scholars who:a. produce innovative solutions to problemsb. apply research skills to a range of challengesc. communicate perceptively and effectively

Assessment Summary

Assessment Task Value Due Date

1. Exercise 1 10% 9th August 2011

2.Exercise 2 10% 30th August 2011

3.Essay 40% 4th October 2011

4. Exam 40% TBA

5. Tutorial participation Hurdle requirement

NA

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

Teaching Approach

This unit is based on a combination of lectures and tutorial discussions/ exercises. The combination of these different learning formats and activities is designed to help students improve their analytical and communication skills, and to enhance their understanding of the main themes and approaches covered in this unit.

FeedbackOur Feedback to YouStudents will receive feedback in writing for their written work approximately 2 weeks from the date of submission. Feedback and advice from your tutor/ lecturer is also available during designated consultation hours or by appointment (see contact details on p.1).

Your Feedback to UsMonash is committed to excellence in education and regularly seeks feedback from students, employers and staff. One of the key formal ways students have to provide feedback is through SETU, Student Evaluation of Teacher and Unit. The University’s student evaluation policy requires that every unit is evaluated each year. Students are strongly encouraged to complete the surveys. The feedback is anonymous and provides the Faculty with evidence of aspects that students are satisfied and areas for improvement.

For more information on Monash’s educational strategy, and on student evaluations, see:http://www.monash.edu.au/about/monash-directions/directions.htmlhttp://www.policy.monash.edu/policy-bank/academic/education/quality/student-evaluation-policy.html

Previous Student Evaluations of this unitIf you wish to view how previous students rated this unit, please go to https://emuapps.monash.edu.au/unitevaluations/index.jsp 

Required ResourcesJack Donnelly, Universal Human Rights In Theory and Practice. Second edition (Cornell University Press, 2003).

ATS1315 Human Rights Theory 2, Unit Reader

Both are available for purchase from the University Bookshop.

There are alternative means of access for students who do not wish to purchase the required textbooks: Donnelly is available in the reserve section of the Library; the articles in the Unit Reader are available through the Library’s reading lists.

Examination material or equipmentNo materials may be taken into exams

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

UNIT SCHEDULE

Week Activities Assessment

0 No formal assessment is undertaken in week 0

1 Cultural Relativism Readings:1.Pollis & Schwab, “Human Rights: A Western Construct with Limited Applicability” 2. Donnelly Ch.5

2 Cultural RelativismReadings:1. James Rachels, The Elements of Moral Philosophy2. Donnelly, Ch.6

3 Groups RightsReadings:Nussbaum Women and Human Development

Exercise 1 Due 9th August

4 Group RightsReadings:1. Will Kymlicka, “The good, the bad and the intolerable”2. Susan Okin, “Is multiculturalism bad for women?”

5 Group RightsReadings:Chandran Kukathas, “Are there any cultural rights?”

6 Democracy and Human RightsReadings:1. Donnelly Ch. 112. David Beetham, “Human rights and democracy”

Exercise 2 Due 30th August

7 Reading Break: no classes

8 Sexual Minorities/ Disability Readings:1. Donnelly Ch. 132. Adrienne Asch, “Disability, bioethics and human rights”

9 Disability Readings:1. Jerome Bickenbach, “Disability, human rights, law and policy”2. Michael Stein, “Disability Human Rights”

10 Children’s RightsReadings:

Essay Due 4th October

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

1. David Archard, Children, Rights and Childhood2. Ruth Lister “Why citizenship”

11 Animals Readings:1. Peter Singer, Practical Ethics2. Tom Regan, “The case for animal rights”

12 Foundations of Human RightsReading:Jerome Shestack, “The philosophic foundations of human rights”

SWOT VAC No formal assessment is undertaken SWOT VAC

Examination period LINK to Assessment Policy:http://www.policy.monash.edu/policy-bank/academic/education/assessment/assessment-in-coursework-policy.html

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

ASSESSMENT REQUIREMENTS

Assessment Task 1: Exercise 1Due Date: Tuesday 9th AugustDetails of task: The exercise will be distributed in week 1Word limit: 500 words: Value: 10%Presentation requirements: Your assignment should be presented in 12-point font and 1.5 or double-spaced. It will not require references and a bibliography.Estimated return date: 2 weeks from the date of submissionCriteria for Marking:

- How well have you understood the relevant ideas from the primary texts?- Have you expressed yourself clearly, so that the marker can understand what is being said?- Have you shown evidence of independent thought in answering the question?

Assessment Task 2: Exercise 2Due Date: 30th AugustDetails of task: The exercise will be distributed in week 3. Word limit: 500 wordsValue: 10%Presentation requirements: Your assignment should be presented in 12-point font and 1.5 or double-spaced. It will not require references and a bibliographyEstimated return date: 2 weeks from date of submissionCriteria for Marking:

How well have you understood the relevant ideas from the primary texts?- Have you expressed yourself clearly, so that the marker can understand what is being said?- Have you shown evidence of independent thought in answering the question?

Assessment Task 3: EssayDue Date: Tuesday 4th OctoberDetails of task: A list of essay questions will be distributed in tutorials and also posted on the blackboard site for this unit. Word limit: 1500 wordsValue: 40%Presentation requirements: Your assignment should be presented in 12-point font and 1.5 or double-spaced. It will require references and a bibliographyFor referencing and citation rules go to: http://www.arts.monash.edu.au/philosophy/ugrad/refandciterules.php For information and advice on the preparation and writing of philosophy assignments go to: http://www.arts.monash.edu.au/philosophy/ugrad/resources.phpEstimated return date: 2 weeks from the date of submission.Criteria for marking:In marking an essay, there are three basic criteria that are relevant to your grade (these are taken with permission from Jim Pryor’s helpful website, Guidelines on Writing a Philosophy Paper <http://www.jimpryor.net/teaching/guidelines/writing.html>):

1. How well do you understand the issues you're writing about? 2. How good are the arguments you offer? 3. Is your writing clear and well-organized?

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

We do not judge your paper by whether we agree with its conclusion. In fact, we may not agree amongst ourselves about what the correct conclusion is. But we will have no trouble agreeing about whether you do a good job arguing for your conclusion.

More specifically, we'll be asking questions like these:

Do you clearly state what you're trying to accomplish in your paper? Is it obvious to the reader what your main thesis is?

Do you offer supporting arguments for the claims you make? Is it obvious to the reader what these arguments are?

Is the structure of your paper clear? For instance, is it clear what parts of your paper are expository, and what parts are your own positive contribution?

Is your prose simple, easy to read, and easy to understand? Do you illustrate your claims with good examples? Do you explain your central notions? Do

you say exactly what you mean? Do you present other philosophers' views accurately and charitably? Do you engage with

counterarguments or opposing evidence? Have you read and understood the prescribed readings that relate to your topic? Have you

done independent research that has enriched your understanding of the topic? Is your writing well edited and polished, with correct punctuation, appropriate paragraphing,

and correct spelling? Have you provided appropriate references for the sources of your ideas?

The more we answer ‘Yes’ to these questions, the better your grade will be.

Assessment Task 4: ExamDue Date: Dates are released later in semester 2. Details of task: A combination of short answers and an essay. Value: 40%Presentation requirements: MUST be legible. If the examiner cannot read the script, a mark of 0 will be given.Estimated return date: Approximately 3 weeks from the date of submission.Criteria for marking:

How well have you understood the relevant ideas from the primary texts?- Have you expressed yourself clearly, so that the marker can understand what is being said?- Have you shown evidence of independent thought in answering the question?

Tutorial Hurdle RequirementIt is Faculty policy that you are required to attend 75% of tutorials. If you fail this requirement, you cannot achieve more than 50% overall for this unit, irrespective of the grades you have received on your other pieces of assessment. Please keep medical certificates for all absences. If you fail to attain a 75% attendance rate, supply your tutor with this material at the end of semester. You do not need to contact your tutor on each occasion where you miss a tutorial. You only need to present them with the relevant material at the end of semester if you have not reached the 75%.

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

Assignment submission

Online Submission: If Electronic Submission has been approved for your unit, use only the MUSO assignment submit tool. Do not submit files attached to email. Log into MUSO http://muso.monash.edu.au and select the unit for which you wish to submit work.

Unless you have made prior arrangements with your lecturer, only the following file formats will be accepted: .doc, .rtf, .txt, .pdf, .html;

It is essential you adhere to the following format for the naming of the file you wish to submit:

o it must contain your Authcate name; ando there must be no space in the filename.

You will receive a confirmation message within MUSO once you have successfully submitted your assignment within the electronic dropbox.

Comments and grading of your assessment will be communicated to you either by MUSO, email, or post.

Instructions for submitting an assignment electronically using MUSO are found at http://www.monash.edu.au/muso/support/students/assignment.html

Late Work and ExtensionsDifferent policies may apply, depending upon the sort of assignment. See below for details.

Extensions

If you have legitimate grounds for a brief extension of time in which to complete a written assessment, you should apply to your tutor or unit coordinator for an extension before the due date. Medical certificates or other appropriate documentation must be provided where relevant. You must obtain your extension in writing – either by email or by obtaining a signed coversheet.

In general, tutors can only grant extensions for up to two days. For longer extensions, you must contact the Unit Coordinator, who may recommend that you apply for Special Consideration.

If your work in any subject is seriously affected by illness or other serious cause, you may apply for special consideration. Application forms for special consideration are available from the School Office on the 6th Floor. Application forms for Deferred Examination are available from the Faculty Office on the 1st Floor.

You may apply for special consideration even if you are availing yourself of Alternative Arrangement for Assessment (AAA).

All applications received by the subject coordinator will be given due consideration and you will be advised of the outcome, which will also be reported to the Faculty Board of Examiners.

Your application will remain confidential and will be treated with sensitivity. Applications will be held centrally in the Faculty of Arts Office.

Late Work Policy for short assignments (anything under 1000 words)For all short assignments, if your work is submitted late, your mark will be capped at a bare pass (50%). You will probably only receive minimal feedback on your work. This is necessary to ensure that our markers are able to provide high quality feedback in good time to students who complete the assignments on time.

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

Short assignments submitted more than 7 days late cannot be accepted at all unless you successfully apply for special consideration.

Late Work Policy for assignments 1000 words or more in lengthFor all assignments of 1,000 words or more handed in after the due date and without an agreed extension, a 5% penalty applies for the first day of the missed deadline. After that, a subsequent penalty of 2% per day will be applied for the next thirteen calendar days after the due date (including Saturdays and Sundays). No assignment can be accepted after more than fourteen calendar days except in exceptional circumstances and in consultation with your unit coordinator or tutor. If students face a significant illness or serious issue, it may be that Special Consideration is warranted. Staff are under no obligation to provide written comments or corrections to assignments that are handed in late and without extension.

Essays which are submitted on time will normally be returned within two weeks (note: the Arts Faculty’s policy is three weeks). Essays which are submitted late, even with an extension, will be marked after those which were submitted on time.

Returning assignmentsAssignments will be returned during tutorials or through the School office. Students will be notified on how to collect their assignment at the appropriate time during the semester.

The Faculty of Arts Special Consideration Information can be found at:http://www.arts.monash.edu.au/policy-bank/procedures/special-consideration.php

Resubmission of assignmentsThe Faculty of Arts Review and Remarking Policy can be found at: http://www.arts.monash.edu.au/policy-bank/policies/review-remarking-policy.php

Student Assessment Appeals Procedure

Students who for any reason feel dissatisfied with the assessment of course work should in the first instance discuss the matter with the tutor who has assessed the work. It is open to students to request that written work be re-assessed by a second person (bearing in mind that all failed work is automatically re-marked). The second marker will normally be a senior member of staff. The mark awarded by this person will replace the earlier mark and will stand regardless of whether it is higher or lower than the original mark.

If a problem cannot be resolved through discussion with the tutor, a written statement of the grounds for dissatisfaction should be addressed, in the first instance, to the co-ordinator responsible for the subject in question. Where the course co-ordinator has been involved in assessment of the work, the written statement should be directed to the Coursework Coordinator Christina Twomey.

Should the student still remain dissatisfied, the matter may be brought to the attention of the Head of School, Professor Graham Oppy.

Students are assured that, if they decide to invoke the appeals procedure, there will be no discrimination against them.

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

Referencing requirementsFor referencing and citation rules go to: http://www.arts.monash.edu.au/philosophy/ugrad/refandciterules.php

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

OTHER INFORMATIONPoliciesMonash has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and to provide advice on how they might uphold them. You can find Monash’s Education Policies at: http://policy.monash.edu.au/policy-bank/academic/education/index.html

Key educational policies include: Plagiarism (http://www.policy.monash.edu/policy-bank/academic/education/conduct/

plagiarism-policy.html) Assessment (http://www.policy.monash.edu/policy-bank/academic/education/assessment/

assessment-in-coursework-policy.html) Special Consideration

(http://www.policy.monash.edu/policy-bank/academic/education/assessment/special-consideration-policy.html)

Grading Scale (http://www.policy.monash.edu/policy-bank/academic/education/assessment/grading-scale-policy.html)

Discipline: Student Policy (http://www.policy.monash.edu/policy-bank/academic/education/conduct/student-discipline-policy.html)

Academic Calendar and Semesters (http://www.adm.monash.edu/execserv/about/principal-dates/prdsemda.html)

Orientation and Transition (TBA); and Academic and Administrative Complaints and Grievances Policy

(http://www.policy.monash.edu/policy-bank/academic/education/management/complaints-grievance-policy.html)

Student ServicesThe University provides many different kinds of support services for you. Contact your tutor if you need advice and see the range of services available at www.monash.edu.au/students

The Faculty of Arts can be found at:http://www.arts.monash.edu.au/

The Monash University Library provides a range of services and resources that enable you to save time and be more effective in your learning and research. Go to http://www.lib.monash.edu.au or the library tab in my.monash portal for more information.

Students who have a disability or medical condition are welcome to contact the Disability Liaison Unit to discuss academic support services. Disability Liaison Officers (DLOs) visit all Victorian campuses on a regular basis

Website: http://adm.monash.edu/sss/equity-diversity/disability-liaison/index.html; Telephone: 03 9905 5704 to book an appointment with a DLO; Email: dlu@monash.edu Drop In: Equity and Diversity Centre, Level 1 Gallery Building (Building 55), Monash

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

Copyright for studentsWhat you need to know

DO remember the internet is not a copyright-free zone.The university can identify you when you use the internet. If you infringe copyright on the Monash computer accounts or email, you could face disciplinary measures, starting with the suspension of access rights.

DO get permission to copy or upload material.You can only copy web materials, books and journals if you have permission or it is within the limits of “fair dealing”. You must give credit to the author by citing your sources.

DO copy only 10%If you are copying from books, 10% or one chapter of a book or one article from an issue of a journal or newspaper is considered fair.

DO get permission to use Peer-to-Peer.Peer-to-Peer file sharing programs, like Bit Torrent, are banned at Monash, unless you have permission from your head of school. ITS can easily identify when you are using or installing Peer-to-Peer programs.

DON’T download pirate copies.Many files on the internet are pirate copies. Film, TV and music companies have software that trawls the web looking for infringers. If you download or link to pirate copies you are in breach of copyright.

DON’T copy CDs and DVDs.Even when you own a copy of a CD or a DVD you don’t own the right to copy it. There is no licence that allows you to copy DVDs for educational purposes. Do not copy CDs or DVDs on Monash equipment.

DON’T use unlicensed software on Monash systems.You can only use licensed software on Monash systems. The terms and conditions of software and database licences must be followed.

DON’T distribute course materials.Monash University owns copyright in your course materials. You can use lecture and tutorial notes and exam papers for your own study only.

For more informationAustralian Copyright Council Monash Copyright Websitewww.copyright.org. au copyrightmonash.edu.au/index-students.html

Monash Copyright AdvisorUniversity.Copyright@lib.monash.edu.au

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

Marking Scale

A ++ 100 95

High Distinction standard

A + 94 90

A 8985

A- 84 80

B ++ 79 75

Distinction standard

B + 74 70

B 69 65

Credit Standard

B - 64 60

C + 59 55

A solid essay, with credit potential

Pass, but you may need to seek assistance with essay writing

C 54 50

N 49 45

Fail

N - 44 40

Bad Fail

NN 39 0

Seems not to be a serious attempt to meet the requirements

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen

Reading List1. Jack Donnelly, Universal Human Rights In Theory and Practice, 2nd edition (Cornell University Press, 2003).

2. Adamantia Pollis & Peter Schwab, “Human Rights: A Western Construct with Limited Applicability,” in Christine M. Koggel (ed.), Moral Issues in Global Perspective, 2nd Edition, (Ontario: Broadview Press, 2006)

3. James Rachels, The Elements of Moral Philosophy, 2nd edition (McGraw-Hill Inc, 1993), Chapter 2.

4. Martha Nussbaum, Women and Human Development. The Capabilities Approach (Cambridge University Press, 2000), pps 167-206

5. Will Kymlicka, “The Good, the Bad and the Intolerable: Minority Group Rights,” Dissent, Summer, Vol. 43, No. 3 (1996), pp. 22-30.

6. Susan Moller Okin, “Is Multiculturalism Bad for Women?” The Boston Review, (1997) http://www.bostonreview.net/BR22.5/okin.html [Accessed 23 August 2010]

7. Chandran Kukathas, “Are There Any Cultural Rights?” Political Theory, Vol. 20, No. 1, (February 1992), pp. 105-139.

8. David Beetham, “Human Rights and Democracy, A Multi-Faceted Relationship,” in David Beetham, Democracy and Human Rights, (Cambridge: Polity Press, 1999), pp. 89-114.

9. Adrienne Asch, Disability, bioethics and human rights’ in G. Albrecht, K. Seelman and M. Bury (eds), Handbook of Disability Studies (Sage Publications), pp297-317.

10. Jerome E. Bickenbach, ‘Disability, Human Rights, Law, and Policy’ in G. Albrecht, K. Seelman and M. Bury (eds), Handbook of Disability Studies (Sage Publications), pp. 565-579.

11. Michael Stein, ‘Disability Human Rights’, California Law Review 95 (2007): 75-98

12. David Archard, Children. Rights and Childhood, 2nd edition (Routledge, 2004), CH. 4.

13. Ruth Lister, “Why Citizenship: Where, When and How Children?” Theoretical Inquiries in Law, Vol. 8 (2007), pp. 693-718.

14. Peter Singer, Practical Ethics, 2nd edition (Cambridge University Press, 1993), pps 16-28, 55-63

15. Tom Regan, ‘The case for animal rights’ in T. Regan and P. Singer (eds), Animal Rights and Human Obligations, 2nd edition (Prentice Hall 1989)

16. Jerome J. Shestack, ‘The philosophic foundations of human rights’, Human Rights Quarterly 20 (1998), 201-234.

Copyright © Monash University 2011. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Departmen