Arts2845 T2 2020 course guide PDF

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School of Social Sciences

ARTS 2845 SEX, HUMAN RIGHTS AND JUSTICE

Term 2, 2020

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ACKNOWLEDGEMENT UNSW Australia’s Kensington campus, on which the School of Social Sciences is housed, is built on the land of the Aboriginal people. We pay our respects to the Bedegal people of the Eora nation who are the Custodians of this land. We acknowledge the Aboriginal and Torres Strait Islander peoples, the First Australians, whose lands, winds and waters we all now share, and pay respect to their unique values, and their continuing and enduring cultures which deepen and enrich the life of our nation and communities.

CONTENTS

Staff contact details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Course details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Student responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Academic integrity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Attendance requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Course learning outcomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Teaching strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Course schedule (at a glance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Reading and resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Submission of assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Course evaluation and development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Lecture and tutorial schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Notes on preparation of essays and other written work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Essay checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Some additional notes on use and citation of legal sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Integrity in academic work: Plagiarism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

SEX, HUMAN RIGHTS AND JUSTICE ARTS 2845 Second Term 2020

Henri Rousseau, Liberty Inviting Artists to Take Part in the 22nd Exhibition of the Société des Artistes Independants Source: https://commons.wikimedia.org/wiki/Main_Page

Course convenor Dr Helen Pringle

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Room M.B. 145 Tel.: 9385 2346 email: [email protected]

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Staff contact details

Course convenor Name Telephone Office Email address Consultation hours

Dr Helen Pringle 9385 2346 M.B. 142 [email protected] TBA, or by appointment, or drop by

Other teaching staff TBA

Course details

Credit points 6 units of credit Summary of the course Subject Area: Politics and International Relations This course can also be studied in the following specialisations: Australian Studies, Criminology, Women's and Gender Studies. This course examines the principles and practices of human rights in relation to questions of sex and sexual relations. In particular, the focus of the course is on the adequacy and appropriateness of a human rights approach to justice in exploring those questions. We explore conceptions of freedom, dignity and autonomy of the person which lie at the foundation of human rights understandings, in connection with conceptions of equality, non-subordination, privacy, consent, freedom of contract, markets, and citizenship. These understandings will be further considered in relation to specific areas such as discrimination, harassment, pornography, prostitution/sex work and trafficking, abortion, sexual violence and rape. Important information Attention will be given to international conventions and institutions concerned with human rights, as well as to the development and current state of public policy and law in areas of sex and sexual relations in Australia, and within a comparative perspective (particularly the USA, Canada, England, Scotland, and Europe). However, the course is not restricted to the current situation in Australia or elsewhere with regard to sex and human rights, but is also concerned with working out what would be more just ways of addressing this area. Note also that in looking at such problems, we are not confined to an uncritical exploration of human rights, but that we are concerned to think through the ambiguities and weaknesses of such an approach as well as its strengths. Human rights understandings of justice give us a place to begin our study, but it is not at all the case that we have to end there. Some of the most crucial problems in modern societies concern sex and sexual relations, and developing your ability to think, read and write in an analytical and critical way about such problems is a path to increasing your competence as scholars and more broadly as Australian and global citizens. A central aim of this course is to develop your ability in these ways, and thus to help you to negotiate political life and to pursue justice with knowledge and clarity.

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Student responsibilities

You must read and adhere to the UNSW Student Code Policy (2016), https://www.gs.unsw.edu.au/policy/studentcodepolicy.html. There are five primary student responsibilities under this Code (UNSW Student Code Policy, Art. 2): 1. A condition of enrolment that students inform themselves of the University’s rules and policies affecting them, and conduct themselves accordingly. 2. An obligation to act with integrity in academic work, to ensure that all academic work is conducted ethically and safely. 3. An obligation to observe standards of equity and respect in dealing with every member of the University community. 4. An obligation to use and care for University resources in a lawful and appropriate manner. 5. An obligation to not diminish the University’s reputation in the carrying out of academic and other associated University activities. A related document is the UNSW Student Misconduct Procedure (2016), https://www.gs.unsw.edu.au/policy/studentmisconductprocedures.html. All courses in the School of Social Sciences are run in accordance with School, Faculty and University rules and policies. You need to make sure that you are familiar with University policies and School guidelines, https://socialsciences.arts.unsw.edu.au/students/resources/policies-guidelines/, especially those relating to attendance requirements, extensions and late submission of assessed work.

Academic integrity

UNSW has an ongoing commitment to fostering a culture of learning informed by academic integrity. All UNSW staff and students have a responsibility to adhere to this principle of academic integrity. Plagiarism undermines academic integrity and is not tolerated at UNSW. Plagiarism at UNSW is defined as using the words or ideas of others and passing them off as your own. Examples include:  Copying: Using the same or very similar words to the original text or idea without acknowledging the source or using quotation marks.  Inappropriate paraphrasing: Changing a few words and phrases while mostly retaining the original structure and information without acknowledgement. This also applies in presentations where someone paraphrases another’s ideas or words without credit.  Collusion: Presenting work as independent work when it has been produced in whole or part in collusion with other people. Collusion includes students providing their work to another student before the due date, or for the purpose of them plagiarising at any time, paying another person to perform an academic task and passing it off as your own, stealing or acquiring another person’s academic work and copying it, offering to complete another person’s work or seeking payment for completing academic work.  Inappropriate citation: Citing sources that have not been read, without acknowledging the 'secondary' source from which knowledge of them has been obtained.  Self-plagiarism: ‘Self-plagiarism’ occurs where an author republishes their own previously written work

4 and presents it as new findings without referencing the earlier work, either in its entirety or partially. Self-plagiarism is also referred to as 'recycling', 'duplication', or 'multiple submissions of research findings' without disclosure. In the student context, self-plagiarism includes re-using parts of, or all of, a body of work that has already been submitted for assessment without proper citation. It is not permissible to buy essay/writing services from third parties as the use of such services constitutes plagiarism because it involves using the words or ideas of others and passing them off as your own. Further, it is not permissible to sell copies of lecture or tutorial notes as you do not own the rights to this intellectual property. If you breach the Student Code with respect to academic integrity the University may take disciplinary action under the Student Misconduct Procedure (see above).

Attendance requirements

The School of Social Sciences guidelines on attendance are available at https://socialsciences.arts.unsw.edu.au/students/resources/policies-guidelines/. The School of Social Sciences expects that students will attend and participate actively in 100% of learning and teaching activities (henceforth ‘classes’, to include lectures, tutorials, seminars, labs, online activities and so on). If you attend fewer than 80% of classes, you may be refused final assessment. This means that if you do not attend at least 80% of possible classes your final assignment or exam may receive a mark of zero. You are responsible for keeping track of your attendance and contacting your course convenor immediately if you are concerned about your attendance record and its impact on your ability to complete your course successfully. For the purpose of attendance monitoring, the final assessment for this course is an essay worth 50% of your overall grade for this course. This is the assessment item that will be graded at zero if you do not meet the attendance requirement for this course. For this course, attendance is calculated as shown in the table below:

Learning activity Tutorial

Monitoring mechanism A roll is taken

Minimum attendance requirement 8/10

If you arrive more than 15 minutes late, or leave class with more than 15 minutes remaining, you may be recorded as absent. If such a penalty is imposed, you will be informed verbally at the end of class and advised in writing within 24 hours. Attempts to falsify attendance records will be treated as student misconduct under the Student Misconduct Procedure. Please note: Classes will be conducted online. As far as possible, we will try to follow activities as if we were engaged in face to face teaching and learning.

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Course learning outcomes

Upon successful completion of this course students should be able to: 1. Grasp that literacy in questions of human rights and of sex/gender is a requirement for all who wish to understand politics and justice properly 2. Develop a reflective awareness of the importance of ethical issues in politics and society 3. Learn to deliberate carefully about these issues in company with your peers 4. Learn how to read a book carefully and profitably 5. Develop disciplined research and writing techniques, including the use of bibliographical materials 6. Develop an ability to produce succinct and relevant notes through reading reports, and to write coherently and analytically during tests and quizzes

Teaching strategies

There is a two-hour lecture and a one-hour tutorial each week. Teaching and learning activities will be conducted online this term. Enrolment in the course and in tutorials is via the UNSW web. Attendance at, and informed participation in, classes is expected. Both lectures and tutorials presuppose that you have read and made an honest attempt to understand the required reading for each week (which is starred in the Lecture and tutorial schedule in this course guide). The School and University have policies on attendance, submission of assignments and extensions, special consideration, student academic misconduct, grievance procedures, and review of results. All students are expected to be aware of these policies; ignorance of the policies is no excuse for their non-observance. Students are expected to attend all classes. I encourage you to ask questions at any time about any aspect of the course and your performance in the course, no matter how trivial or small a matter you think it might appear to others, or how difficult you might consider it is to ask. I think that one of the most important parts of intellectual life is an open and communicative approach to every aspect of learning and teaching.

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Course schedule (at a glance)

DATE Week 1 1 June Week 2 8 June Week 3 15 June Week 4 22 June Week 5 29 June

LECTURES (AND TUTORIALS) General introduction: Orientation and questions Tutorials begin this week Understandings of human rights, sex/gender, and justice Discrimination in public and private Sexual harassment and intimate relations Abortion: A question of life, privacy or of sexual equality?

By 6 July Week 6 6 July Week 7 13 July Week 8 20 July Week 9 27 July

Online quiz Autonomy and privacy, harm and consent, and the case of sado-masochism Rape and sexual assault: Individual and/or social harm? Rape and sexual slavery in war and armed conflict Prostitution, sex work and trafficking: A question of

By 3 August Week 10 3 August

ASSESSMENT

Online quiz Pornography: What does it sell? Conclusion & summing up, evaluations – and farewells Lectures and tutorials end this week

11 August

Essay

11 August

[Tutorial report]

Reading and resources

Tutorials presuppose that you have read and made an honest attempt to understand the required reading for each week, which is starred in the course guide below. It is important that as citizens, and students of politics, you read at least one good news source daily (for example, the online Guardian or New York Times is adequate), as well as weekly and monthly journals that provide information and argument about the state of the world. Please feel free to ask the Course Coordinator for suggestions about other books, articles or websites that might help you to gain understanding in specific areas of interest to you. And in general, do not allow yourself to fall behind with work because of not asking for help!

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Useful reference works on human rights include

Henry J. Steiner, Philip Alston and Ryan Goodman, ed., International Human Rights in Context: Law, Politics, Morals, 3rd ed. (Oxford: Oxford University Press, 2007) Nick O’Neill, Simon Rice and Roger Douglas, Retreat from Injustice: Human Rights Law in Australia 2nd ed. (Sydney: Federation Press, 2004) Martin Flynn, Human Rights in Australia: Treaties, Statutes and Cases (Sydney: Butterworths, 2003) Stuart Kaye and Ryszard Piotrowicz, Human Rights in International and Australian Law (Sydney: Butterworths, 2000) Regina Graycar and Jenny Morgan, The Hidden Gender of Law, 2nd ed. (Sydney: Federation Press, 2002) Kelly D. Askin and Dorean M. Koenig, ed., Women and International Human Rights Law 3 vols. (Ardsley NY: Transnational Publishers, 1999-2001) Catharine A. MacKinnon, Sex Equality (New York: Foundation Press, 2001) Catharine A. MacKinnon, Women’s Lives, Men’s Laws (Cambridge, Mass.: Harvard University Press, 2005) Catharine A. McKinnon, Are Women Human? And Other International Dialogues (Cambridge Mass.: Harvard University Press, 2006) Louis Henkin et al., ed., Human Rights (New York: Foundation Press, 1999), also note supplements

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Useful online sources include

Google and Google Scholar Of course! You can set up the preferences to link Google Scholar to the UNSW Library even when you are not on campus: go to Google Scholar> settings> library links, and enter ‘University of New South Wales’ in the box for ‘Library’. United Nations, and UN Women The UN site offers access to documents, decisions and everything else to do with the UN (as the site is gigantic, it is sometimes quicker to search for UN documents using Google). Australian Legal Information Institute (AustLII) This site provides access to an extensive selection of primary and secondary Australian legal materials, and has links to many international legal databases and electronic journals. Australian Parliament This site provides access to debates, legislation, committees, parliamentary who’s who etc., with a digital search of records from 1901 at ParlInfo, and invaluable publications at the Parliamentary Library. High Court of Australia The Court’s home page offers decisions, transcripts, recent speeches, biographies of the judges, etc. Human Rights Watch, esp. Women’s Rights European Court of Human Rights Cases and other material from the European Court. United Kingdom Parliament This site offers access to both political and legal decisions, plus all the usual stuff on government. There are also separate websites for the Scottish Government (Riaghaltas na h-Alba), the Welsh Government (Llywodraeth Cymru), and the Northern Ireland Executive [possible]. The White House Official web site for the White House and the 45th President of the USA. Supreme Court of Canada This site provides access to decisions of the Supreme Court of Canada. Supreme Court of the United States This site offers US Supreme Court decisions as well as lots of other material.

8 Oyez This US Supreme Court Multimedia site provides access to oral arguments, transcripts and cases. Many other useful databases are available via the UNSW Library website.

Assessment

There are three major parts to assessment in this course. Your final mark in the course is calculated on results achieved in the writing of one essay and two online quizzes, together with a mark for tutorial participation. The essay is worth 50% of all marks available, and should be about 2500 words in length. Each quiz will count for 20%. Tutorial participation is worth 10% of the final mark. All prescribed work must be completed. Final marks will be awarded in these grades: 85 – 100% 75 – 84% 65 – 74% 50 – 64% 0 – 49%

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High Distinction Distinction Credit Pass Fail

Students are expected to submit written work for the course in electronic form, via Turnitin in Moodle. Please submit as a word file (that is, .doc or .docx, NOT .pdf). UNSW provides support for students in using TurnItIn, at https://student.unsw.edu.au/turnitin-support. This webpage includes information on how to generate and interpret originality reports in TurnItIn. Sup...