LC3S316 - Equality and Advanced Human Rights 01 Sep 2022 - 31 Aug 2028 | Version 2

Associated Module Information

Module Code: LC3S316
Module Title: Equality and Advanced Human Rights
Faculty: Faculty of Business and Creative Industries
Faculty Group: Law
Faculty Sub Group: Law
Module Leader: Clare Lewis, Hannah Coburn
Module Team: Ismail Makda, Hayley Brain, Hannah Menard
First Intended Intake: SEP 2022 Final Year of Intake: 2027
Date Closed:
Credit Value: 20 Credit Level: 6
Language: English
Percentage of Module Taught in Welsh: 0
Equivalent Module:
HECOS codes:
HECOS Code Weighting:

Document Version Information

Version 2
Valid From 01 Sep 2022
Valid To 31 Aug 2028

Module Aims

The module will provide students with an introduction to the principles of equality and an opportunity to develop more detailed knowledge and understanding of human rights.

The module will provide a basis for study for students to;

1. Examine the philosophical debate on the existence and the meaning of equality;
2. Demonstrate a critical appreciation of the legal rules and principles which aim to protect against discrimination at domestic, European and international level;
3. Develop an understanding of substantive human rights law and the international and regional context within which human rights law is developed.
4. Analyse and apply human rights laws to problem scenarios.

Content Summary

The module provides a wide-ranging examination of equality and human rights law and will cover the following indicative content.

Equality law

· What is equality law?

· What is discrimination/equality?
o considering the main theories underlying the study of equality law, which will underpin the entire module and will serve as tools of analysis enabling students to examine the following aspects of equality law from a more critical perspective.

· Historical background at common law (i.e. no rights), the development of statute law and the influence of the EU and ECHR.

· The Equality Act 2010
o Defining and understanding the concept of protected characteristics and who are protected under the EqA.
o Protected from what?
§ exploring the circumstances in which those with protected characteristics qualify for protection under the EqA.
o Different types of discrimination
§ The definitions, sources, tests and application, case studies, evaluation and analysis of the seven types of discrimination within the EqA (i.e. direct, indirect, harassment, victimisation, reasonable adjustments, discrimination arising from disability, health questionnaires).
o An in-depth examination of gender, race and disability discrimination, as well as a brief overview of the other 6 protected characteristics

· Positive discrimination and positive action

Human Rights

· Domestic human rights (particularly the Human Rights Act 1998) and their relationship to the ECHR

· The historical, social and political contexts within which the ECHR was conceived, and within which the ECtHR has developed the Convention rights

· The nature of the rights protected by the ECHR (principally civil and political rights):
o The concepts of absolute, limited and qualified rights)
o Powers of signatory states to enter reservations and derogations
o Applications to the ECtHR.

· The Convention rights as indicative content:
o Right to life
o Torture and ill treatment
o Fair trial and due process
o Freedom of expression
o Freedom of religion
o Social economic rights
o Poverty and social security
o Disability and health care
o Family/marriage

Module will also include an immersive learning project in line with the Blueprint.

Learning and Teaching Methods

Activity Type Hours
Lecture 20
Seminar 20
Independent Study 88
Directed Study 72
Total Hours Selected 200

Learning Outcomes

# Learning Outcome
LO1 Evidence critical understanding and an analysis of the concepts of equality and ECtHR’s jurisprudence in relation to particular right or rights.
LO2 Evidence a detailed understanding of critical commentary and engage in reasoned and informed discussion about equality law and human rights at domestic, European and international level.

Module Requisites

N/A

Assessment Criteria

Assessment Category Assessment Type Description Duration Word Count Weight (%) Best of? Pass Mark
Synchronous Onsite Oral Assessment Oral Assessment (Internally assessed, Onsite) 1 A poster presentation critically evaluating the concepts of equality or equality law as it relates to a particular group(s) of individuals. 20 N/A 50 No 40
Asynchronous Assessment Essay 1 A critical evaluation of an area of human rights at domestic, European and/or international level. 0 2000 50 No 40

Assessment Matrix

Assessment Type Learning Outcomes
LO1 LO2
Oral Assessment (Internally assessed, Onsite) 1
Essay 1

Reading List

M Rubenstein, Discrimination: A Guide to the Relevant Case Law (27th ed, Michael Rubenstein Publishing, 2015)
B Hepple, Equality: The Legal Framework (2nd ed, Hart Publishing, 2014)
M Sargeant, Discrimination and the Law (Routledge, 2013)
Optional
S Fredman, Discrimination Law (2nd ed, Oxford University Press, 2011)
M Connolly, Discrimination Law (2nd ed, Sweet & Maxwell, 2011)
A McColgan, Discrimination Law: Text, Cases and Materials (2nd ed, Hart Publishing, 2005)
A Lawson and C Gooding (eds), Disability Rights in Europe: From Theory to Practice (Hart Publishing, 2005)
M Connolly, Townshend-Smith on Discrimination Law: Text, Cases and Materials (Cavendish Publishers, 2004)
S Fredman and S Spencer, Age as an Equality Issue (Hart Publishing, 2003)
M Bell, Anti-Discrimination Law and the European Union (Oxford University Press, 2002)
Ovey & White, Jacobs & White: European Convention on Human Rights (OUP)
Mowbray, Cases and Materials on the European Convention on Human Rights (Butterworth)
Janis, Kay and Bradley, European Human Rights Law: Text and Materials (OUP)
Leach, Taking a Case to the European Court of Human Rights (Blackstone)
Jowell and Cooper (eds) Understanding Human Rights Principles (Hart)
Alston, The EU and Human Rights (OUP)
Betten and Grief, EU Law and Human Rights (Longman)
Campbell, Goldsworthy and Stone (eds), Protecting Human Rights: Instruments and Institutions (OUP)
Tomuschat, Human Rights: Between Idealism and Realism (OUP)
Richards, Free Speech and the Politics of Identity (OUP)
Baxi, The Future of Human Rights (OUP)
Simpson, Human Rights and the End of Empire: Britain and the Genesis of the European Convention (OUP)
Fenwick, Civil Liberties and Human Rights (Cavendish)
Feldman, Civil Liberties and Human Rights in Engaland and Wales (Clarendon)
Stone, Textbook on Civil Liberties and Human Rights (Blackstone)