LLAW3071

General Course Information

1.1 Course details

Course code: LLAW3071
Course name: Equality and Non-discrimination
Programme offered under: LLB Programme
Semester: First
Designated research course: Not applicable
Specialization: Not applicable
Prerequisites / Co-requisites: No
Course offered to non-law students: No
Credit point value: 6 credits
Cap on student numbers: 30

1.2 Course description

Equality and non-discrimination are universally regarded as fundamental human rights principles that underpin – and are necessary prerequisites to – the enjoyment of all human rights and freedoms. Indeed most of the major international human rights treaties as well as many national constitutions articulate rights to equality and non-discrimination either in general terms or with reference to a range of grounds such as race, gender, disability, religion, etc. Despite its prominent position in human rights law, the precise scope and meaning of equality remain contested and enforcement bodies have sometimes provided contradictory or conflicting interpretations. In other words, equality can mean different things to different people. This course considers how the law reflects, and might support the realization of, particular concepts of equality. It also examines the potential and the limits of the law as a means of achieving social and political change.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Kelley Loper kloper@hku.hk CCT 408 By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Identify and debate basic concepts of equality and non-discrimination, some of the theoretical principles underpinning equality, and the manner in which different concepts of equality are reflected in international human rights law and implemented in domestic law.

CLO 2 Identify and evaluate the sources of a right to equality and non-discrimination in international law including provisions in general and specialized international human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of Persons with Disabilities (CRPD).

CLO  Identify examples of, and issues associated with, the domestic implementation of the right to equality and non-discrimination in the Hong Kong context.

CLO 4 Discuss selected “grounds” of discrimination (including race, sex/gender, disability, sexual orientation and gender identity) as well as “intersectional” grounds and evaluate the application of international and domestic law to discrimination on these grounds.

CLO 5 Analyze selected judicial decisions and case-studies that illustrate approaches taken by jurisdictions other than Hong Kong, the potential and the limitations of law as an agent of social change, and possible conflicts between equality and other norms (e.g. traditional cultural practices; freedom of expression; and freedom of religion).

CLO 6 Demonstrate a basic understanding of the mechanisms (both international and domestic) by which equality rights are enforced and current debates on the
effectiveness of these mechanisms.

2.2 LLB Programme Learning Outcomes (PLOs)

Please refer to the following link: https://course.law.hku.hk/llb-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4
CLO 5
CLO 6

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Class participation N/A 20% 1, 2, 3, 4, 5, 6
Essay 9 Nov 2022 30% 1, 2, 3, 4, 5, 6
Final written assignment 20 Dec 2022 75% 1, 2, 3, 4, 5, 6
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

To be advised by course convenor(s).

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Seminar: 3 hours / week for 12 teaching weeks
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by course convenor(s).

Learning Resources

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/