HUMAN RIGHTS LAW

LLB IV year X Trimester July-September 2014

COURSE OUTLINE
INTRODUCTION
Human rights has evolved from a moral and philosophical framework to an effective legal
regime both in the international law sphere and at the national level. Human rights have
emerged to be a trans-disciplinary force which has normative value of pragmatic significance
rather than being mere ideological deliberation. Human rights as a dynamic field of
knowledge have found emerging significance in the post gobalised world. For a socially
relevant legal education it is important for students to be sensitised about human rights issues
and relevant allied legal perspectives.
The international human rights law has carved out a specific and significant status in the
international law field starting with the UDHR, 1948. Today, as a field of law, international
human rights law encompasses numerous treaty based mechanism such as ICCPR, ICSCER,
CRC. Apart from this the international human rights field law has put in place institutional
mechanism such as Human Rights Council and best practices such as General Comments and
Special Rapporteur.
Meanwhile, post the Vienna Declaration, 1993, human rights law framework has emerged at
the national level also. Human Rights Act,1993 has led to this emergence in India by setting
up human rights commission at national level and state level.
Human rights law has significant interface with other fields of law, rather than remaining as
silos. The human rights have interface with fields such international humanitarian law,
international criminal law, environmental law, international trade law. Further, the human
rights based approach is found to be applicable to many emerging crisis issues such as
adverse impact of climate change, access to water and sanitation, lack of good governance,
terrorism related issues.
COURSE OBJECTIVES
The course is meant to provide the basic understanding of history, concepts and
developments of international human rights law. This course intends to expose the student
community to varied discourses, theories and debates engulfing human rights concerns today.
The diverse human rights instruments and covenants and institutions and their evolution,
functioning, challenges and prospects will also be discussed. The course seeks to examine the
legal mechanisms prevalent at the global and domestic level for the protection and promotion
of human rights.
The goals of the course are
To equip students with a working knowledge of human rights
To focus on important convents/instruments codifying human rights norms
To identify major debates in the human rights discourse.
To expose the students to new contemporary development in human rights law
To assess the effectiveness of existing human rights framework
TEACHING METHODOLOGY
The predominant pedagogical tools would be lectures and discussions. Case analysis would
be used. Few guest lectures would also be arranged in the duration of course. Students are
expected to read and come prepared.
READING MATERIALS
The course would be taught with the combination of different reading materials.
Books
Articles
Cases
Charters/Statutes
COURSE GRADING
A written exam would be conducted at the end of the trimester. It would be a closed book
exam.
Students are expected to write a research paper(project) on the topic allotted to them in the
project list. This would be accompanied with the viva- voce. The Project criteria is as follows
Word limit 4000-5000 words inclusive of footnotes
Format Chaperisation
NO INTERCHANGE/SWAPPING PERMITTED WITHOUT THE PRIOR CONSENT
/APPROVAL OF THE COURSE TEACHER
The grading of the course would be on the following lines -
Exam (CLOSED BOOK EXAM) - 60 marks
Research Paper - 25 marks
Viva- Voce - 10marks
Attendance - 5 marks
(As per rules of the Exam department)
Total 100 marks

HUMAN RIGHTS LAW COURSE CONTENT
MODULE I : CONCEPT AND DEVLEOPMENT OF INTERNATIONAL HUMAN
RIGHTS
The Evolution of Human Rights Law
Sources of Human Rights Law
Universalism and Cultural Relativism
Human Rights and Human Dignity
Human Rights and Democracy, Rule Of Law And Good Governance
MODULE II: CHARTER BASED PROTECTION
The UN Charter and Human Rights
Role of General Assembly, Security Council, ECOSOC
Institutional Bodies
o United Nations Commission on Human Rights
o Human Rights Council
MODULE III : TREATY BASED PROTECTION -I
Human Rights Committee
Committee on Economic, Social and Cultural Rights
Committee on the Elimination of Racial Discrimination
Committee on the Elimination of Discrimination against Women
MODULE IV : TREATY BASED PROTECTION -II
Committee against Torture
Committee on the Rights of the Child
Committee on the Rights of Persons with Disabilities
MODULE V: ROLE OF NON GOVERNMENTAL ORGANISATIONS
Fact Finding and Mobilisation of Shame
United Nations Declaration on Human Rights Defenders
MODULE VI: INTERNATIONAL HUMANTARIAN LAW AND INTERNATIONAL
CRIMINAL LAW
Historical Development

International Humanitarian Law and its interface with Public International Law,
Human Rights, Law and International Criminal Law

MODULE VII : HUMAN RIGHTS FRAMEWORK IN INDIA
Human Rights and the Indian Constitution
Institutional framework
o National Commission for Minorities
o National Commission for Scheduled Castes and Scheduled Tribes
o National Commission for Women
o National Human Rights Commission
o State Human Rights Commission
o Human Rights Act 1993
MODULE VIII: CONTEMPORAY CHALLENGES IN HUMAN RIGHTS LAW
Right to Development
Right to Food
Right to Water
Right to Health