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
ATS1315
Human Rights Theory 2, 2011

This 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 recommended
Chief Examiner Dr Toby Handfield
Unit Coordinator: Dr. Linda Barclay
Office location: Menzies, Building 11, W918
Campus: Clayton
Phone: 9905 4278
Email: 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 11-12
Caulfield: (H8,23): Wednesdays 2-3
Tutor(s) Nick Munn, Ros Furney, Sam Green.
Office location: Clayton: 11, W904; Caulfield: H8, 10
Campus: Clayton and Caulfield
Phone: Clayton: 99055216; Caulfield: 99034973
Email: nicholas.munn@monash.edu,
rosalyn.furney@monash.edu,
samuel.green@monash.edu
Consultation hours: TBA Check with Tutor
http://www.monash.edu.au/pubs/2011handbooks/units/ATS1
315.html
SEMESTER TWO
2011
www.monash.edu

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
ACADEMIC OVERVIEW
Learning Objectives
Students 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 Attributes
Monash prepares its graduates to be:

1. responsible and effective global citizens who:
a. engage in an internationalised world
b. exhibit cross-cultural competence
c. demonstrate ethical values

2. critical and creative scholars who:
a. produce innovative solutions to problems
b. apply research skills to a range of challenges
c. communicate perceptively and effectively


Assessment Summary



Assessment Task Value Due Date
1. Exercise 1 10% 9
th
August
2011
2.Exercise 2 10% 30
th
August
2011
3.Essay 40% 4
th
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.

Feedback
Our Feedback to You
Students 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 Us
Monash 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 Universitys 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 Monashs educational strategy, and on student evaluations, see:
http://www.monash.edu.au/about/monash-directions/directions.html
http://www.policy.monash.edu/policy-bank/academic/education/quality/student-evaluation-
policy.html


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


Required Resources
Jack 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 Librarys reading lists.


Examination material or equipment
No 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 Relativism
Readings:
1. James Rachels, The Elements of Moral
Philosophy
2. Donnelly, Ch.6

3 Groups Rights
Readings:
Nussbaum Women and Human Development

Exercise 1 Due 9
th
August
4 Group Rights
Readings:
1. Will Kymlicka, The good, the bad and the
intolerable
2. Susan Okin, Is multiculturalism bad for
women?

5 Group Rights
Readings:
Chandran Kukathas, Are there any cultural rights?

6 Democracy and Human Rights
Readings:
1. Donnelly Ch. 11
2. David Beetham, Human rights and democracy
Exercise 2 Due 30
th
August
7 Reading Break: no classes
8 Sexual Minorities/ Disability
Readings:
1. Donnelly Ch. 13
2. 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 Childrens Rights
Readings:
Essay Due 4
th
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 Childhood
2. Ruth Lister Why citizenship
11 Animals
Readings:
1. Peter Singer, Practical Ethics
2. Tom Regan, The case for animal rights

12 Foundations of Human Rights
Reading:
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/asse
ssment/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 1
Due Date: Tuesday 9
th
August
Details of task: The exercise will be distributed in week 1
Word 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 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?




Assessment Task 2: Exercise 2
Due Date: 30
th
August
Details of task: The exercise will be distributed in week 3.
Word 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 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?



Assessment Task 3: Essay
Due Date: Tuesday 4
th
October
Details 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 words
Value: 40%
Presentation requirements: Your assignment should be presented in 12-point font and 1.5 or
double-spaced. It will require references and a bibliography
For 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.php
Estimated 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 Pryors 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: Exam
Due 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 Requirement
It 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; and
o 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 Extensions
Different 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 length
For 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
Facultys policy is three weeks). Essays which are submitted late, even with an extension, will be
marked after those which were submitted on time.


Returning assignments
Assignments 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 assignments
The 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 requirements
For 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 INFORMATION
Policies
Monash has educational policies, procedures and guidelines, which are designed to ensure that
staff and students are aware of the Universitys academic standards, and to provide advice on how
they might uphold them. You can find Monashs 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 Services
The 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 students
What 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.

DONT 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.

DONT copy CDs and DVDs.
Even when you own a copy of a CD or a DVD you dont 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.

DONT 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.

DONT 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 information
Australian Copyright Council Monash Copyright Website
www.copyright.org. au copyrightmonash.edu.au/index-students.html

Monash Copyright Advisor
University.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 89
85

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 List
1. Jack Donnelly, Universal Human Rights In Theory and Practice, 2
nd
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, 2
nd
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, 2
nd
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, 2
nd
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, 2
nd
edition (Prentice Hall 1989)
16. Jerome J. Shestack, The philosophic foundations of human rights, Human Rights Quarterly 20
(1998), 201-234.