S00256997 Sarah Dowswell – EDSS516 Assessment 1
Stage 6 | Legal Studies
Unit: Core Part II – Human Rights
Principal focus: Through the use of a range of contemporary examples, students investigate the notion of human rights and assess the extent to which
legal systems embody such human rights and promote them in practice.
Unit Overview
• The nature and development of human rights
• Promoting and enforcing human rights
• Contemporary issue
Duration
6 weeks
24 hours / 24 lessons
Core: 20% of 120 hours total course time
Objectives
A student develops knowledge and understanding about:
1. The nature and institutions of domestic and international
law
2. The operation of Australian and international legal
systems and the significance of the rule of law
3. The interrelationship between law, justice and society
and the changing nature of the law
A student develops skills in:
4. Investigating, analyzing and communicating relevant
legal information and issues.
Comment [1]: Nominated curriculum
content:
Clearly link to relevant curriculum
documentation i.e. State / Territory curriculum
documents
Themes and Challenges Assessment Overview
NSW Board of Studies (BOS) Legal Studies
• The changing understanding of the relationship Formal assessment task: Multimodal presentation (20%) syllabus document (NSW Board of Studies
between state sovereignty and human rights Informal assessment: (BOS), 2009).
• Issues of compliance and non-compliance in • Assessment FOR learning (FOR)
relation to human rights • Assessment OF learning (OF)
• The development of human rights as a reflection • Assessment AS learning (AS) Comment [3]: Nominated curriculum
of changing values and ethical standards content:
• The role of law reform in protecting human rights Incorporate appropriately designed and
• The effectiveness of legal and non-legal measures sequenced learning and assessment activities
to promote learning
in protecting human rights
The Board of Studies (BOS) NSW Legal
Studies syllabus allows teachers discretion to
Outcomes allocate assessment tasks (suggested 3 – 5 in
total) across course content (BOS, 2009, pp.
39–41). An assessment OF learning has been
proposed here to address the research
requirement, which is weighted at 20%.
H1 Identifies and applies legal concepts and terminology
H2 Describes and explains key features of and the relationship between Australian and international law Informal learning assessment throughout the
unit is based on the revised Bloom’s
H3 Analyses the operation of domestic and international legal systems taxonomy, which promotes higher-order
thinking through a progression of factual,
H4 Evaluates the effectiveness of the legal system in addressing issues
conceptual, procedural and metacognitive
H5 Explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to learning processes. (Iowa State University,
2016).
change
Comment [2]: Nominated curriculum
H6 Assesses the nature of the interrelationship between the legal system and society
content:
H7 Evaluates the effectiveness of the law in achieving justice
Demonstrate an understanding of the concepts
H8 Locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, and structure of your particular teaching area
cases, media, international instruments and documents
Unit overview, and the themes and challenges
H9 Communicates legal information using well-structured and logical arguments
required to be incorporated in the unit, are
H10 Analyses differing perspectives and interpretations of legal information and issues obtained directly from the syllabus: BOS,
2009, pp. 9 & 20.
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S00256997 Sarah Dowswell – EDSS516 Assessment 1

Key terms

Abolitionist Domestic right Inherent Non governmental organisation State sovereignty

Bonded labour Economic rights Intergovernmental organisation Peace rights Suffrage
Charter of rights Environmental rights International agreements Political rights Trade union
Civil rights Genocide International right Protocol Treaty
Collective rights Human rights Magna Carta Right Universal Declaration of Human
Constitutional agreements Inalienability Natural law Self determination Rights
Cultural rights Indivisibility Separation of powers Universality
Division of power Social rights

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

Topic: The nature and development of human rights

Theme: The development of human rights as a reflection of changing values and ethical standards
Weeks 1 – 2 Content Teaching, Learning & Bloom’s Taxonomy (Core & Adjustments (Support & Resources
Assessment Extension) Differentiation Comment [4]: Nominated curriculum
content:
Lessons The definition of human Success Criteria (SC): Remember ESL/CALD: Have ss define Rutherford Technology
1–3 rights 1) Know and propose examples of Define human rights, justice terms in native/preferred High School website: Incorporate appropriately designed and
human rights; and equality languages and explain to a https://mrdaly.wixsite.com/r sequenced learning and assessment activities
to promote learning
Syllabus Learning intention (LI): 2) Understand the importance of Identify/list examples of partner. ths/hsc--human-rights -
outcomes: Students (ss) learn: human rights for promoting justice human rights lesson plans (PPT Nominated pedagogical strategies:
and equality in society; ATSI: Have ss work in presentations)
H1, H5, H7 1) What human rights are; Describe what justice and The basis for learning and teaching in this unit
2) Why human rights are 3) Do – write a definition of equality look like in practice groups and define key is Sharratt’s (2019) pedagogical approach to
important; human rights with relevant Understand terms using Indigenous The story of human rights: learning and assessment. By providing
concepts/terminology. students with learning intentions (the what and
3) How human rights reflect examples; Explain modern examples of https://www.youtube.com/
why of learning) that are accompanied by clear
changing values in society; and 4) Do – conduct research on the human rights abuses watch?v=oh3BbLk5UIQ criteria for success (evidence of learning),
types of human rights; and Support: Provide students are best placed to evaluate their own
4) Examples of the change in Classify examples of human learning goals and to partake in peer and self-
human rights over time. 5) Do – explain examples of rights definitions to ss of key Self-reflection for assessment (Sharratt, 2019, p. 20). The unit
modern human rights abuses. terms. Scaffold activities by metacognition: has been structured to compliment Bloom’s
Evaluate & metacognition
providing example work. https://www.virtuallibrary.i taxonomy with appropriate learning intentions,
Reflect on own learning success criteria, and feedback that build on
Provide a scaffold for ss to nfo/self-reflection-for-
through weekly learning students' knowledge and skills as the unit
reflect on their knowledge metacognition.html progresses.
journal (WordPress).
throughout the unit and to Comment [5]: Principled basis for
Extension: Research UN
identify gaps & strengths organisation and sequencing:
protocols for responding to
(see below).
human rights abuses Theoretical perspective incorporates Sharratt
(2019). Refer to [4] above.
Introduction – define human rights
Pretest: Start with a 20 min in-class test to establish ss’ pre-existing knowledge of key concepts, terms and organisations. Comment [6]: Integration of assessment:
Brainstorm: What is a right? What is a responsibility? What makes people inherently valuable? Why do humans respect each other? Why do people need protection?
Diagnostic assessment – establish students’
Ss create mind-maps in small groups (4-5) to answer these questions. Discuss as a class. pre-existing knowledge.
Think, pair, share, square: Ss identify examples of human rights and define the term in own words. Ss discuss with a partner, and join another pair. Discuss
definition and examples as a class. (AS).

Development
Construct hierarchies of human rights: Use PPT (Daly, 2019 – 1. Human Rights Definition). Ss are to construct visual hierarchies that explain:
1) The four qualities of human rights;
2) The three types of human rights (civil & political; economic, social & cultural; and environmental, peace & self-determination); and

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

3) How these human rights are recognised internationally (Charter of the UN 1945; Universal Declaration of Human Rights 1948 (UDHR)). (FOR)
Individual research: Ss locate examples of contemporary human rights abuses and (FOR):
- Classify and describe the human right being abused;
- Locate the origins of the human right (e.g. the Charter of the UN, UDHR);
- Explain how the right is being abused; and
- Propose ways in which the abuse may be rectified (extension: reference United Nations protocols for responding to human rights abuses).
- Extension: Propose how the United Nations would react to the human rights abuses.
Note-taking: Ss watch ‘The Story of Human Rights’ and take notes on:
1) Key developments in human rights; and
2) Contemporary human rights issues.
Class discussion on the above points.
Comment [7]: A current issue or
Scaffolding innovation:

TEEL: Ss write TEEL paragraph defining human rights, addressing the above. ICT plays a critical role in fostering students’
WordPress bi-weekly blog: To be used as a form of self-assessment throughout the unit. Ss assess their knowledge using the following: (AS) metacognition, literacy skills and
employability. The unit has been designed to
1) Identify & explain strengths (e.g. ease of understanding content, ability to apply knowledge); and require students to reflect on their learning on
2) Identify & explain areas of weakness or learning gaps (e.g. struggling to use HSC key verbs (summarise, explain, evaluate, etc.)). a bi-weekly basis. Contemporary best practice
(including the setting of learning goals from
Provide ss with a copy of the ‘growth mindset’ graphic (Personal accountability and reflection: https://www.virtuallibrary.info/self-reflection-for-metacognition.html). success criteria and feedback (Sharratt, 2019))
Have them answer the nine (9) questions as part of weekly reflection. indicates that blogging is a medium that
Word bank: Ss define key terms (see above) throughout the unit, including in their own words. fosters learner autonomy and leads to an
improvement in literacy skills when used
Lessons Developing recognition of SC: Remember ATSI: Assign universal Rutherford Technology appropriately (Ducate & Lomicka, 2008 cited
4–6 human rights suffrage to ss but focus on: High School website: in Delgado & McDougald, 2013).
1) Know the key features of human Define natural law, state
- The abolition of slavery rights and their definitions; sovereignty, movements, 1) Female suffrage; South https://mrdaly.wixsite.com/r Comment [8]: Differentiation of
ths/hsc--human-rights - assessment (AS and FOR learning):
Syllabus - Trade unionism and labour 2) Understand the context for the constitutional agreements, Australia, 1894, NSW and
outcomes: rights development of human rights, international agreements, Australia 1902; and lesson plans (PPT It is important that cross-cultural reconciliation
H1, H7, H8 including contemporary Magna Carta 2) Indigenous suffrage; presentations) is promoted in the learning environment by
- Universal suffrage enabling Indigenous students opportunities to
- Universal education developments; Identify/list examples of Australia 1962. exist in their unique cultural spaces (Allington,
3) Do – define key terms (state human rights When hosting Q&A, ss may Universal Declaration on 2002, Gray & Cowey, 2000; Gray, 2007;
- Self-determination
sovereignty, natural law, etc.); Describe what justice and consult with elders and/or Human Rights Mullin & Oliver, 2010, cited in Shipp, 2012, p.
- Environmental rights 23). By inviting members of the ATSI
4) Do – outline how human rights equality look like in practice invite them to speak on the www.un.org/en/documents/
- Peace rights community into the classroom, learning
have changed and developed over Understand & conceptual above issues. udhr becomes meaningful beyond the syllabus.
time by reference to key Summarise how human rights Comment [9]: Literacy strategies:
LI: Ss learn: movements, e.g. slavery, universal have changed over time Support: Deconstruct HSC-
1) How human rights have The teaching and learning sequence starts with
education; Evaluate & conceptual style questions as a class a deconstruction of key concepts using direct
changed over time; 5) Do – identify and describe how prior to answering in pairs instruction, modeling and practice to enable
Investigate/determine the
2) How human rights have been these movements are preserved in or individually. students to determine what is required in a
importance of recognising HSC-style question.

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

recognized in international law; international laws; and universal human rights

and 7) Do – investigate the evolving Extension: Propose gaps in
3) How human rights are recognition and importance of the recognition of human
enshrined in the law to achieve universal human rights. rights, and the historical roots
justice. of natural law
Introduction
Brainstorm: Use PPT (Daly, 2019 – 3. Human Rights Development) to introduce ss to key concepts (state sovereignty, natural law). As a class, discuss & mind-map:
1) What state sovereignty is and how it manifests itself in international law;
2) How state sovereignty and human rights interact;
3) What natural law is and how it applies in contemporary society; and
4) Extension: Propose the origins of natural law.

Development
Video presentation: Ss are divided into five (5) groups and assigned a historic constitutional or international agreement (refer to slide 3). Ss create a five (5) min
video to be uploaded to a private class YouTube that:
1) Identifies the agreement;
2) Describes its origins;
3) Explains its key concepts; and
4) Evaluates its contribution to recognising human rights.
Class Q&A/jigsaw: Divide the class into seven (7) groups and assign each a movement. Ss conduct research on their movement under the following headings: Comment [10]: Integration of
1) Identify the human right(s) in the movement; assessment:
2) Describe the human right(s); Example of formative assessment to provide
3) Explain when and why the right(s) emerged; meaningful learning opportunities for students.
4) Examine and explain the UDHR article that covers the right(s);
5) Evaluate the success of international treaties addressing the right(s), including a discussion of how widely the right(s) is recognised today.
Ss prepare and present a Q&A style panel discussion of the movement. Ss will prepare a summary document that outlines succinct answers to the above points, and
provides sources so all ss can participate in the discussion. Each panel discussion to take approximately 10-15 min (AS/FOR).

Scaffolding
TEEL: Evaluate the effectiveness of one movement that has contributed to the developing recognition of human rights. (7 marks) (OF)
TEEL: Analyse how ONE historical constitutional/institutional agreement contributed to the development of human rights.
WordPress bi-weekly blog: Ss complete a blog entry that addresses ss’ strengths and weaknesses in group work, research skills, and presentation skills.
Word bank: Ss define key terms, including in their own words.

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S00256997 Sarah Dowswell – EDSS516 Assessment 1
Lessons Formal statements of human
7–8 rights
- Universal Declaration of
Syllabus Human Rights
outcomes: - International Covenant on
H2, H5, H9 Civil and Political Rights
- International Covenant on
Economic, Social and Cultural
Rights
LI: Ss learn:
1) How human rights have been
recognised in key international
documents;
2) Why these documents are
important for recognising
universal human rights; and
3) Why these documents
contribute to the development of
human rights.
SC:
1) Know how human rights
have evolved;
2) Understand that universal
human rights have been
recognised in human rights
documents;
3) Do – examine and explain
the main features of human
rights documents; and
4) Do – explain their
contribution to the
development of human rights.
Understand & conceptual
Explain the contribution of
documents to the development
of human rights
Evaluate & conceptual
Determine the main features
of human rights documents
Extension: Predict and
recommend ways in which
these documents may be
implemented in Australia
ESL/CALD: Ss can access UN
website in native/preferred
language:
http://www.ohchr.org/EN/UDHR
/Pages/SearchByLang.aspx
Support & core: Provide written
scaffold of the questions to be
answered from the UN website.
Provide sample TEEL answer
(slide 7) to ss.
Learning styles – visual/
kinesthetic: Have ss recreate the
structure of the UN as a class in a
movement activity whereby ss
represent the bodies/mechanisms
and move around the room to
demonstrate how the
bodies/mechanisms interrelate.
Ss may use the visual version of
the UDHR to aid memory recall.
Literacy strategy: Ss review and
redraft their own TEEL
paragraphs before peer-marking
each other.
United Nations (includes
UDHR, ICCPR and
ICESCR):
http://www.un.org/
https://www.un.org/en/univ
ersal-declaration-human-
rights/index.html
https://www.ohchr.org/EN/
ProfessionalInterest/Pages/
CCPR.aspx
Illustrated version: Comment [11]: Learning
outcomes/indicators:
https://www.un.org/en/udhr
book/#64 The learning outcomes should be clearly
identified…
AHRC: As aforementioned, learning intentions and
outcomes are based on Sharratt’s (2019)
https://www.humanrights.g
pedagogy. She incorporates Hattie’s (2009)
ov.au/our- use of success criteria, and the KUD structure
work/legal/submission/infor which has been used throughout.
mation-concerning-
Learning indicators and success criteria cater
australias-compliance- for the full range of abilities by gradually
international-covenant-civil incorporating more challenging language from
Bloom's taxonomy.
https://www.humanrights.g
ov.au/our-
work/education/human-
rights-explained-fact-sheet-
5the-international-bill-
rights
https://www.humanrights.g
ov.au/our-
work/commission-
general/international-
covenant-economic-social-
and-cultural-rights-human-
rights
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S00256997 Sarah Dowswell – EDSS516 Assessment 1

https://www.humanrights.g
ov.au/our-work/rights-and-
freedoms/nature-
obligations-regarding-
economic-social-and-
cultural-rights

Rutherford Technology
High School website:
https://mrdaly.wixsite.com/r
ths/hsc--human-rights -
lesson plans (PPT
presentations)

UDHR:
https://www.youtube.com/
watch?v=hTlrSYbCbHE
Introduction
Brainstorm: Ss discuss what a formal statement of human rights is, create a definition, and predict its key elements.
Think, pair, share, square: Review the structure of the UN bodies with ss (Daly, 2019 – 2. Human Rights Formal Statements). Provide a copy of the UN structure on
slide 2. Have ss work individually to review the structure, and then explain it to a partner. Ss then join another pair to explain the structure to them. Write the structure
in own words in books.
Video: Introduce ss to UDHR using video (https://www.youtube.com/watch?v=hTlrSYbCbHE). Ss individually brainstorm global human rights abuses in the news,
and contemporary examples from Australia. Discuss as a class.
KWL – UDHR: As a class, develop a KWL for the UDHR. Ss then conduct research individually or in pairs to answer the questions created in the KWL.

Development
Research: Ss conduct research on the ICCPR and ICESCR and their impact on human rights. Ss may prepare a multimodal or Google Slides presentation of their
findings. (AS/FOR) Areas of research:
1) Identify what the covenant is and what it does;
2) Analyse its significance in respect of its contribution to the development of human rights (e.g. consider how its components work together to protect rights) –
extension: how is the covenant implemented in Australia? What domestic laws have been enacted to promote protection of rights?
3) Evaluate corresponding treaties (signed by Australia) and their significance/effectiveness.
Provide ss with the UN and AHRC websites (see resources).
Discussion: As a class, discuss the distinction between soft law (UDHR) and hard law (ICCPR, ICESCR). Ss give presentations to demonstrate how these documents
bring legal force to the UDHR (FOR).

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

Scaffolding
TEEL: Examine ONE major human rights document and explain its contribution to the development of human rights (3 marks) (OF). Provide ss with sample
response and deconstruct as a class (slide 7, Daly, 2019 – 2. Human Rights Formal Statements).
WordPress bi-weekly blog: Ss complete a blog entry that addresses ss’ strengths and weaknesses in answering HSC-style questions.
Word bank: Ss define key terms, including in their own words.

Topic: Promoting and enforcing human rights

Themes:
• The changing understanding of the relationship between state sovereignty and human rights
• Issues of compliance and non-compliance in relation to human rights
Weeks 3 – 4 Content Teaching, Learning & Bloom’s Taxonomy (Core & Adjustments (Support & Resources
Assessment Extension) Differentiation
International community
Lessons State sovereignty SC: Understand Support: Scaffold HSC PPT on promoting and
1–4 1) Know what state sovereignty is; Explain relationships between question as a class prior to enforcing human rights
LI: Ss learn: 2) Understand the importance of state sovereignty and human answering. (Stephens, 2015)
Syllabus 1) What state sovereignty is; state sovereignty in enforcing rights Provide scaffold to analyse https://www.slideshare.net/
outcomes: human rights; Analyse and conceptual contemporary media alisawilliams/2-promoting-
2) How the relationship between
3) Do – define state sovereignty Differentiate how articles. and-enforcing-human-
H3, H4, H7 state sovereignty and human
and describe its key components; organisations respond to Provide Booklet for rights?next_slideshow=1
rights operates; and
4) Do – explain the relationship human rights examination of Palestine
3) Why state sovereignty is
between state sovereignty and Evaluate & metacognition (http://lsa.net.au/Portals/7/2 Palestine booklet and
important.
human rights; and 019/Human%20Rights%20i syllabus links (Legal
Reflect on own learning
n%20Palestine%20LSA%2 Studies Association NSW
The roles of: 5) Do – assess the role of state through weekly learning
0Conference%202019.pdf) (LSA), 2019):
sovereignty in promoting and journal (WordPress)
- The United Nations
enforcing human rights. Judge the effectiveness of http://lsa.net.au/Portals/7/20
- Intergovernmental Literacy strategy: Ss 19/Human%20Rights%20in
responses to human rights
organisations evaluate the strength of %20Palestine%20LSA%20
SC: Extension: Assess the impact
- Courts, tribunals and their own and their peers’ Conference%202019.pdf
1) Know the key features of various of politics and relationships
independent statutory HSC question responses
legal organisations; between states in influencing
authorities using scaffold. http://lsa.net.au/Resources
2) Understand the responses of outcomes for human rights
- Non-government
organisations to human rights
organisations Ss edit their own work and
abuses and issues; ICT:
- The media seek feedback on clarity of
3) Do – analyse how organisations http://www.icty.org/
expression from a partner.

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

LI: Ss learn: operate to respond to human rights; https://unictr.irmct.org/en/c

1) The role of various
international organisations; and
2) How those roles promote and
enforce human rights.
and ases/key-figures-cases
4) Do – evaluate the effectiveness
of international responses in ICJ:
promoting and enforcing human https://www.icj-cij.org/
rights.

ICC:
https://www.icc-cpi.int/

HRC:
https://www.humanrights.g
ov.au/human-rights-
explained-case-studies-
complaints-about-australia-
human-rights-committee
Introduction – state sovereignty
Contemporary relevance: Use PPT presentation (Stephens, 2015 – ‘Promoting and enforcing human rights’) to introduce ss to the concept of state sovereignty. Ss
locate articles to show how the exercise of state sovereignty may be subject to international pressures (e.g. consider US and Iran, Russia, etc.).
Think, pair, share: Ss create a list of pros and cons of addressing human rights using state sovereignty. Scaffold with PPT (slides 5 – 6).

Development – roles: Use the issue of human rights and land theft in Palestine to scaffold understanding
Jigsaw activity: Use PPT to revise the 5 main organs of the UN. Ss are to research in groups of five one organ per person, answering the following:
1) What does each organ do?
2) How does each organ work?
3) Who are the members? (AS/FOR)
Independent research: Use PPT presentation to introduce ss to the UN Human Rights Council and the Office of the High Commissioner for Human Rights. Ss
conduct independent research to determine:
1) How the UN bodies enforce their aims;
2) What limitations exist on their power; and
3) Identify and explain criticisms of these bodies.
Note extension: ss assess the impact of politics and relationships between states in influencing outcomes for human rights.
NGOS: Use PPT to introduce ss to NGOs. Ss research IGOs and explain the difference between the two. Ss research Amnesty International (focusing on Palestine)
and describe its work and the rights it is protecting.
Booklet: Provide ss with Palestine booklet. Ss answer the following questions: Comment [12]: These questions have been
1) Evaluate the effectiveness of refugee law in protecting the rights of Palestinian refugees (p. 14). taken verbatim from Belov, 2019.

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

2) Review the list of UN Resolutions and consider what has been achieved since they have been passed (pp. 26–28).
3) Review the UN Country Team report on ‘Gaza ten years later’ (p. 23) and determine the factors that may affect the shortfall in protecting the human rights of
Palestinians in Gaza.
4) Consider local policy and laws on the distribution of Water (pp. 22–23).
5) Review the Amnesty International Reports on access to water for Palestinians in Gaza and the West Bank (p. 22).
6) Identify any human rights issues relating to water.
7) Outline the effectiveness of Amnesty International in promoting human rights issues.
Courts and tribunals: Ss research the International Court of Justice (ICJ), International Criminal Court (ICC) and International Criminal Tribunal (ICT) for the
former Yugoslavia and Rwanda. Conduct a class brainstorm to review the roles of these courts. Ss examine these cases:
1) Bosnia and Herzegovina v. Serbia and Montenegro
2) The Prosecutor v Thomas Lubanga Dyilo
As a class, discuss the effectiveness of these courts in promoting and enforcing human rights in these cases and generally.
Statutory bodies: Ss examine the Human Rights Committee (HRC) and summarise an Australian case that has gone before the Committee (e.g. Toonen v Australia).
Discuss the limitations of the HRC (AS/FOR).
Independent research & class discussion: Ss locate contemporary examples of the media promoting human rights. Ss analyse their articles in preparation for class
discussion. Issues to consider:
1) How the media raises public awareness of human rights issues;
2) The effectiveness of the media in lobbying governments for legal and non-legal changes;
3) The impact of social media;
4) Consideration of what is “newsworthy” and therefore what human rights are promoted at the expense of others;
5) Independence of the media and relationship to state sovereignty; and
6) Censorship.

Scaffolding
TEEL: Evaluate the impact state sovereignty can have on the promotion and enforcement of human rights. (OF)
TEEL: Evaluate the effectiveness of the international responses to promoting and enforcing human rights. (AS)
WordPress bi-weekly blog: Ss assess their knowledge of the roles of organisations in promoting and enforcing human rights (AS).
Word bank: Ss define key terms, including in their own words.
In Australia

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

Lessons The incorporation of human
5–8 rights into domestic law
Syllabus LI: Ss learn:
outcomes: 1) What and how human rights
H1, H2, H5 have been incorporated into
domestic law; and
2) The relationship between
domestic and international law.
The roles of:
- The Constitution, including
division of powers and
separation of powers
- Statute law
- Common law
- Courts and tribunals
- Non-government
organisations
- The media
- A Charter of Rights
(arguments for and against)
SC:
1) Know how to examine legal
documents;
2) Understand how to interpret
those documents; and
3) Do – outline how human rights
are incorporated into Australian
domestic law.
SC:
1) Know the key features of legal
documents, principles and
organisations;
2) Understand their purpose and
relationships to each other;
3) Do – evaluate the effectiveness
of Australian responses in
promoting and enforcing human
rights; and
4) Do – discuss the arguments for
and against a Charter of Rights for
Australia.
Remember
Outline how human rights are
incorporated into domestic
law.
Evaluate & metacognition
Reflect on literacy skills
(speaking, listening)
Discuss the arguments
for/against a Charter of
Human Rights in Australia
Support: Provide scaffolds
for debate.
Use flowchart to explain
process of signing, ratifying
and enacting laws.
Literacy strategy: Ss use
scaffold to explicitly reflect
on their speaking &
listening skills and that of
their peers.
Disability Discrimination
Act 1992 (Cth)
Convention on the Rights of
People with Disabilities
Human rights slides for test
of subject knowledge
(Shipp, 2014)
https://www.slideshare.net/
adeshipp/promoting-and-
enforcing-human-rights-
41073642?next_slideshow=
2
Australian Human Rights
and Equal Opportunity
Commission

LI: Ss learn:
1) The purpose, functions and
relationships of legal
documents, principles and
organisations;
2) How these interact to
promote and enforce human
rights;
3) Why they are important for
promoting and enforcing human
rights.

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

Introduction
Direct instruction: Explain the process of signing, ratifying and enacting international instruments into domestic law. Some examples to model: Convention on the
Rights of People with Disabilities and how these are mirrored in Australian law through the Disability Discrimination Act 1992 (Cth).
PPT: Show ss PPT (Shipp, 2014 – ‘Human Rights,’ 46–55) to introduce the Australian Constitution, statute law, common law, NGOs, etc.
Pair-work: Provide ss with a mind-map template for the Constitution, statute law and common law. Ss examine the following and complete mind-maps with further
research:
1) Constitution: Separation of powers (SO) & express/implied rights;
2) Statute law: summarise the aim of the following Acts and key provisions that protect human rights:
- Racial Discrimination Act 1975 (Cth)
- Sex Discrimination Act 1984 (Cth)
- Australian Human Rights Commission Act 1986 (Cth)
- Anti-Discrimination Act 1977 (NSW)
3) Common law: identify and describe fundamental rights enshrined in common law (e.g. presumption of innocence, burden of proof, etc.), and discuss
limitations.
Courts & tribunals, NGOs & media: Ss research:
- Australian Human Rights Commission
- NSW Anti-Discrimination Board
- High Court of Australia
- NSW Council of Civil Liberties
- Contemporary examples of media promoting and enforcing human rights in Australia
Class discussion on the above.

Development
Debate: Formal debate on a Charter of Rights. Provide ss with scaffold for each speaker’s role and an evaluation matrix to reflect on their own and others’ speaking
and listening skills.

Scaffolding
TEEL: Discuss how a charter of rights could affect the protection of human rights within Australia. (7 marks) (OF)
TEEL: Discuss the effectiveness of the media in placing pressure on those who breach human rights and are exposed in Australia (OF)
WordPress bi-weekly blog: Ss assess their ability to consider and respond to arguments during a debate.
Word bank: Ss define key terms, including in their own words.
Comment [13]: Integration of
Assessment: Use slides (Shipp, 2014 – ‘Human Rights,’ 58–103) as an check of ss’ understanding of the topic (FOR/OF/AS). assessment:

Example of formative assessment that enables

students to assess their knowledge of unit
content in a way that promotes learning and
reflection.

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

Topic: Investigate a contemporary issue which illustrates the promotion and/or enforcement of human rights.
Themes:
• The role of law reform in protecting human rights
• The effectiveness of legal and non-legal measures in protecting human rights
Weeks 5 – 6 Content Teaching, Learning & Bloom’s Taxonomy (Core & Adjustments (Support & Resources
Assessment Extension) Differentiation
Lessons Investigate a contemporary SC: ATSI: Ss may investigate ALARM:
Creating and procedural
1–8 issue which illustrates the 1) Know the factors that promote, arbitrary detention of ATSI https://www.virtuallibrary.i
promotion and/or Design KWL to investigate a
enforce or ignore human rights people in Australia and nfo/alarm.html
enforcement of human rights. contemporary human rights
Syllabus issues; issue compare to detention of
Issues could include: other first peoples in
outcomes: 2) Understand that the
- Genocide Analysing and procedural different states.
H4, H5, H6, effectiveness of legal and non-legal
- Treatment of refugees Investigate a human rights
H7 measures in protecting human
- Asylum seekers issue
rights is dependent on the Support: Provide scaffolds
- Child soldiers Evaluating and conceptual
relationship between state to complete research.
- Abuse of children
sovereignty and international law; Judge the effectiveness of Students may use the KWL
- Torture
3) Do – investigate a contemporary legal and non-legal responses for the issue of child
- Capital punishment
human rights issue; and to a human rights issue soldiers.
- Arbitrary detention
- Religious discrimination 4) Do – evaluate the effectiveness
- Discrimination against of legal and non-legal responses to Provide ALARM template
women the issue. to aid evaluation of
- Exploitation of workers responses to the issue.
- Human trafficking and
slavery
- Limitations on free speech

Learning intention (LI):

Students (ss) learn:
1) The key features of the
contemporary issue;
2) How human rights are being
promoted, enforced, or ignored;
3) The ways in which law
reform can improve legal

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

responses to human rights.

Introduction
Modelling and class co-construction: Completing a KWL, teacher co-constructs with the class the how to investigate a contemporary human rights issue. Use child
soldiers as an example. Some questions/areas of investigation may include:
Key features:
1) Define the issue – what is the problem?
2) Where does the issue take place?
3) Why is the issue taking place?
4) What is the extent of the problem?
Promotion and enforcement:
1) What states, governmental organisations and NGOs are involved in addressing the issue?
2) What are the international and domestic responses to the issue? (Consider domestic law, treaties, etc.).
3) How is the issue being addressed legally?
4) How is the issue being addressed using non-legal measures?
Evaluation:
1) To what extent has the issue been addressed by international responses? Are they successful? Why/why not?
2) To what extent has the issue been addressed by domestic responses? Are they successful? Why/why not?
3) To what extent has the issue been addressed by law? Are there gaps? Why/why not?
4) To what extent has the issue been addressed by non-legal responses? Have human rights been protected, promoted and enforced? Why/why not?
5) Make a judgment as to the effectiveness of responses to the issue.
6) Propose ways that responses could have been improved (address: domestic, international, legal and non-legal).

Development
Brainstorm/KWL: Working individually, ss determine what they already know about a contemporary issue of their choice. Ss complete individual KWLs and discuss
resources for investigation with the teacher.

Scaffolding
Resources: Provide appropriate starter resources for ss to investigate their chosen issue (note: not all resources are included in this program).
Comment [14]: Integration of
Evaluation scaffold: Ss create a modified ALARM template to assist in analysing and evaluating responses to their chosen issue.
assessment:

Assessment: Ss complete an assessment task on their chosen issue (multi-modal presentation) (OF). The Board of Studies (BOS) NSW Legal
Studies syllabus allows teachers discretion to
allocate assessment tasks (suggested 3 – 5 in
total) across course content (BOS, 2009, p.
39). An assessment OF learning (summative
assessment) has been proposed here to address
the research requirement, which is weighted at
20% and focused on the Core modules (i.e.
Crime and Human Rights).

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

Reflective Complete online program evaluation at conclusion of the unit.

evaluation Comment [15]: A proposal for reflexive
curriculum evaluation
Name:
Teachers will complete a faculty-created
Date completed: survey document to evaluate the effectiveness
of the unit at its conclusion. The evaluation
can inform future teaching practice and
refinement of pedagogy for different students
year-to-year.

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

References

Australian Human Rights Commission. (2019). Our work. Retrieved from http://www.hreoc.gov.au/
Australian Human Rights Commission. (2017). Information concerning Australia’s compliance with the International Covenant on Civil and
Political Rights. Retrieved from https://www.humanrights.gov.au/our-work/legal/submission/information-concerning-australias-
compliance-international-covenant-civil
Australian Human Rights Commission. (2013). Nature of obligations regarding economic, social and cultural rights. Retrieved from

https://www.humanrights.gov.au/our-work/rights-and-freedoms/nature-obligations-regarding-economic-social-and-cultural-rights
Australian Human Rights Commission. (2012a). Human rights explained: Case studies: Complaints about Australia to the Human Rights
Committee. Retrieved from https://www.humanrights.gov.au/human-rights-explained-case-studies-complaints-about-australia-human-
rights-committee
Australian Human Rights Commission. (2012b). Human rights explained: Fact sheet 5: The International Bill of Rights. Retrieved from

https://www.humanrights.gov.au/our-work/education/human-rights-explained-fact-sheet-5the-international-bill-rights
Australian Human Rights Commission. (2012c). International Covenant on Economic, Social and Cultural Rights - Human rights at your
fingertips. Retrieved from https://www.humanrights.gov.au/our-work/commission-general/international-covenant-economic-social-and-
cultural-rights-human-rights

Belov, K. (2019). Human rights syllabus links. Retrieved from http://lsa.net.au/Portals/7/2019/Human%20Rights

%20in%20Palestine%20Syllabus%20Links%202019.pdf
Board of Studies NSW (BOS). (2009). Legal Studies stage 6 syllabus. Retrieved from
https://educationstandards.nsw.edu.au/wps/wcm/connect/9fc54cbd-4498-4dfc-b1ad-d821a20d07c5/legal-studies-syllabus-
st6+Legal+Studies.pdf?MOD=AJPERES&CVID=

Costello, C. (2019a). ALARM – A learning and response matrix. Retrieved from https://www.virtuallibrary.info/alarm.html

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S00256997 Sarah Dowswell – EDSS516 Assessment 1

Costello, C. (2019b). Self-reflection for metacognition. Retrieved from https://www.virtuallibrary.info/self-reflection-for-metacognition.html

Daly. (2019). Rutherford Technology High School – HSC – Human rights. Retrieved from https://mrdaly.wixsite.com/rths/hsc--human-rights

Delgado, O., & McDougald, J. (2013). Developing writing through blogs and peer feedback. Íkala,
18(3), 45-61. Retrieved from https://search-proquest-com.ezproxy2.acu.edu.au
/docview/1508777616?accountid=8194
HumanRightsActionCtr. (2008, October 7). The Universal Declaration of Human Rights [Video file]. Retrieved from
https://www.youtube.com/watch?v=hTlrSYbCbHE
International Court of Justice. (2019). International Court of Justice. Retrieved from https://www.icj-cij.org/
International Criminal Court. (2019). International Criminal Court. Retrieved from https://www.icc-cpi.int/
Iowa State University. (2016). Revised Bloom’s taxonomy. Retrieved from http://www.celt.iastate.edu/teaching/effective-teaching
practices/revised-blooms-taxonomy/
Legal Studies Association NSW (LSA). (2019). International law and human rights in Palestine. Retrieved from http://lsa.net.au/Portals/

7/2019/Human%20Rights%20in%20Palestine%20LSA%20Conference%202019.pdf
Sharratt, L. (2019). The factor of 2: Assessment literacy through precision in practice. Retrieved from
https://docs.wixstatic.com/ugd/6c61b2_d87f79989f8d4ab4b6f44a3e28dfbb93.pdf
Shipp, C. (2012). Why Indigenous perspectives in school?: A consideration of the current
Australian education landscape and the ambiguities to be addressed in literacy teaching. English in Australia, 47(3), 20-24. Retrieved
from https://search-informit-com-au.ezproxy2.acu.edu.au/fullText;dn=197341;res=AEIPT>
Shipp, M. (2014). Human rights. Retrieved from https://www.slideshare.net/adeshipp/promoting-and-enforcing-human-rights-
41073642?next_slideshow=2
Stephens, A. (2015). Promoting and enforcing human rights. Retrieved from https://www.slideshare.net/alisawilliams/2-promoting-and-
enforcing-human-rights?next_slideshow=1

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ultralized. (2009, September 26). The Story of Human Rights [Video file]. Retrieved from https://www.youtube.com/watch?v=oh3BbLk5UIQ
United Nations. (2018). Convention on the Rights of Persons with Disabilities (CRPD). Retrieved from https://www.un.org/development
/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html
United Nations. (2017). International Criminal Tribunal for the former Yugoslavia. Retrieved from http://www.icty.org/
United Nations. (n.d.a). United Nations – Shaping our future together. Retrieved from http://www.un.org/
United Nations. (n.d.b). Universal Declaration of Human Rights. Retrieved from www.un.org/en/documents/udhr

United Nations. (n.d.c). Universal Declaration of Human Rights – Illustrated version. Retrieved from https://www.un.org/en/udhrbook/#64
United Nations Officer of the High Commissioner. (n.d.). International Covenant on Civil and Political Rights. Retrieved from
https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx

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