Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

FacultyFaculty of Law
OfferedPrato Term 2 2014 (Day)


For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.


This unit will examine various sources of international law that potentially apply to sexuality-based claims. The approach of individual states, both from a domestic law perspective and in interpreting interenational obligations, will also be considered. We will examine international treaties and case law from various international as well as domestic courts. Consideration will be given to policy objectives and competing cultural and political arguments. Students will work in groups and participate in exercises where they simulate the roles played by various constituencies, including judges, state actors, lawyers, and individuals claiming discriminatory treatment.


On completion of this unit, a student should be able to:

  • demonstrate a solid understanding of the principles of international law that relate to sexuality-based claims;
  • articulate the basic variations of domestic law, from a global perspective, relating to sexuality-based claims;
  • understand the basis for legal distinctions between challeges based on privacy, discrimination, and free expression;
  • understand and the potential implications arising from claims based on privacy, discrimination, and free expression; and
  • engage in policy discussions about laws relating to sexuality-based claims.


Class participation and in-class simulated exercises: 10%; research assignment (3,750 words): 50%; take-home final examination (3,000 words): 40%.

Chief examiner(s)

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.