Professional Documents
Culture Documents
Part I
Course Title:
International Human Rights Law & Theory
Course Code:
L-CL-0001
Course Duration:
One Semester
Number of Credit Units:
4
Level:
BA-LLB
Medium of Instruction: English
Pre-requisites
Public International Law
Pre-cursors:
Nil
Equivalent courses:
Nil
Exclusive courses:
Nil
Part II
Course aims
The aim of this course is to provide students with an understanding of the
nature, scope and practical application and enforcement of modern
international human rights law and some of its theoretical foundations and
components.
The first part of the course examines the origins, development and history of
human rights. During this part of the course students will explore the nature
and events that lead to the birth of human rights as we know them today.
Challenges to the development of rights and the simultaneous development
of equality will be addressed.
The second part of the course examines the origins, development and key
principles that underpin modern international human rights law. During this
part of the course students will explore the nature and scope of obligations
and duties under international human rights law. We will also touch upon
some of the tensions, problems, and manifest contradictions involved in
translating the theory of human rights into practice.
The third part of the course examines the UN human rights protection
system and thematic areas of rights including religion, torture, reproductive
rights and the right to education. During this part of the course we study the
UN Charter and Treaty-based human rights bodies. Students will critically
evaluate the work of international human rights bodies. Students will also
learn about regional human rights mechanisms and the obligations of the
state to implement international obligations at the domestic level.
The final week of the course considers the future of human rights from both
a theoretical and practical implementation perspective. It will challenge the
founding aims of the UDHR, the plausibility of a truly universal system and
question where global power resides in order to consider the future role of
the UN.
Course Texts
There is no compulsory core text for this course but if students want a more
in depth resource for international human rights, or theory, please see some
recommendations below. All of the core course readings will be available for
download on drop box:
Grade
Value
Total Course
Marks )
80% and
above
Outstandin
g
A+
7.5
75% 79%
Excellent
70% 74%
Very Good
A-
65-69%
Good
B+
60% 64%
Fair
55% 59%
Acceptable
B-
50% 54%
Marginal
Below 50%
Fail
Class Participation:
10% of the final grade is reserved for participation and active engagement
throughout the course, demonstration that participants have read and are
engaging with the recommended readings and completing tasks set as
homework/in class presentations.
Plagiarism:
Any idea, sentence or paragraph taken from another source must be credited
to that source. If you paraphrase or directly quote from a text, web source,
presentation or essay, the source must be explicitly mentioned. You SHOULD
NOT plagiarize content, be it from scholarly sources (i.e. books and journal
articles) or from the Internet. The university has strict rules with
consequences for students involved in plagiarism. This is an issue of
academic integrity on which no compromise will be made, especially as
students have already been trained in the perils of lifting sentences or
paragraphs from others and claiming authorship of them.
As law students, you are entering a profession that is responsible for
upholding the rule of law. Please do not harm the integrity of the profession
or your reputation by being dishonest in your academic work.
If you are unaware of rules of proper referencing and citation, please request
your course instructor to update you about the same.
Contents
Information on International Human Rights Law & Theory (JGLS). .2
Course aims............................................................................... 3
Part A: Historical Perspectives...................................................7
Week 1: Introduction to Human Rights Theory, the Concept of Rights, &
Historicising Rights..........................................................................................7
Cases/presentations:
Further Readings:
Doniger, W. The Hindus: An Alternative History (2010) chapters 19.
Donnelly, J. Humans and Society in Hindu South Asia In Universal
Human Rights in Theory and Practice. Ithaca: Cornell University Press,
2013. 147-156
Beitz, C. The Idea of Human Rights (2009)
Henkin, L. Human Rights: Ideology and Aspiration, Reality and
Prospect, in Power, S. & Allison, G. (eds.), Realizing Human Rights:
Moving from Inspiration to Impact, pp.4-38
Amartya Sen, Elements of a Theory of Human Rights (2004) 32 Philos
ophy and Public Afairs 315
Moeckli, D. et al. (eds.) International Human Rights Law, (2010)
Chapter 1 (pp.17-27) pp.49-100
Rights as entered on the Stanford Encyclopedia of Philosophy
(revised 2-7-2011) available at: http://plato.stanford.edu/entries/rights/
Ishay, M. Human Rights Reader: Major Political Essays, Speeches, and
Documents from Ancient Times to the Present (2007) Chpt. 1: Liberty,
Tolerance and Codes of Justice
Discussion Questions:
1. What are rights?
2. When and where did the concept of rights emerge?
3. What were these rights (moral vs. legal)?
4. Were these rights applicable to everyone equally? Who did they
protect and from who?
5. Why was an exclusion made? What is an example of this and how?
Cases/presentations:
Plessy v Ferguson 163 US 537 (1896)
Brown v Board of Education 347 US 483 (1954)
US Dept. of Justice - Investigation of the Ferguson Police Dept. 4th
March 2015, sections D1, D3, D5. Available
at:http://www.justice.gov/sites/default/files/opa/pressreleases/attachments/2015/03/04/ferguson_police_department_report.
pdf
Further Readings:
The Self, Modern Civilization, and International Law: Learning from
Mohandas Karamchand Gandhis Hind Swaraj or Indian Home Rule B.S.
Chimni, EJIL (2012), Vol. 23 No. 4, 11591173
Branch, T. King Years: Historic Moments in the Civil Rights Movement.
(2013) chapter1, 2, 17 & epilogue
Miller, P. T. Postwar struggle for civil rights African American in San
Francisco, 1945-1975 (2010)
King, K. A. African American Politics (2010)
Pankhurst, E. S. The Suffragette; The History of the Women's Militant
Suffrage Movement, 1905-1910 (1911) selected chapters
Philips, M. The Ascent of Woman: A History of the Suffragette
Movement (2004)
Gandhi, M. Hind Swaraj
Nehru, J. Discovery of India
Greg Marinovich, Joao Silva. The Bang Bang Club: Snapshots from a
Hidden War. New York: Basic Books, 2000
Media coverage of the Michael Brown and Eric Gardner killings and the
Charlestown shooting (2015) in USA.
Optional Media:
12 Years a Slave (2013) Dir. McQueen, S.
Freedom Riders (2010) Dir. Nelson, S.
Bang Bang Club (movie) (2010)
Suffragettes the story of the women who waged the war for social and
economic equality. New Jersey Kultur (2008)
Amistad (1997) Dir. Spielburg, S.
Eyes on the Prize (1986) Exec Producer Hampton, H.
Discussion Questions:
1.
Considering the attached readings consider what emancipation
means?
2.
Have the Dalits in India achieved emancipation?
3.
How is Gandhis vision of swaraj different to a narrower interpretation
of independence from colonialism?
Essential Readings:
International Convention on the Elimination of All Forms of Racial
Discrimination (CERD), available at
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx&https://
treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV2&chapter=4&lang=en
Thornberry, P., Confronting Racial Discrimination: A CERD
Perspective, Human Rights Law Review, vol. 5, Issue. 2 (2005) pp.
239-269.
Shaw, M., International Law, (Cambridge University Press, October
2014) 7thedition, Chapter 16: The Law of Treaties pp.654-662 (the
making of and consent to treaties). 670-692.
Cases/presentations:
MahaliDawas& Yousef Shava v Denmark, CERD Communication No.
46/2009, Doc No. CERD-C-80-D-46-2009 available at:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?
Lang=en&TreatyID=6&DocTypeID=17 S
CERD General Recommendation 32, 75th Session: The meaning and
Scope of Special Measures in the International Convention on the
Elimination of All Forms Racial Discrimination (2009) available at:
http://www.ohchr.org/EN/HRBodies/CERD/Pages/CERDIndex.aspx
CERD General Recommendation 35.
Further Readings:
CERD General Recommendation 31, 65th Session: On the Prevention of
Racial Discrimination in the Administration and Functioning of the
Criminal Justice System (2005) available at:
http://www.ohchr.org/EN/HRBodies/CERD/Pages/CERDIndex.aspx
Optional Protocol to the Convention on the Elimination of
Discrimination against Womenavailable
here:http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCEDAW.asp
x
Goodman, R. ; Alston P., International Human Rights, The Successor to
International Human Rights in Context: Law, Politics, and Morals
(Oxford University Press, 2013) pp. 1080-116
Goodman, R., Human Rights Treaties, Invalid Reservations, and State
Consent, The American Journal of International Law, vol.96 (2002)
pp.531-560
Redgwell, C., Reservation to Treaties and Human Rights Committee
General Comment No.24 (52), International and Comparative Law
Quarterly, vol. 46, Issue. 02 (1997) pp 390-412
Lijnzaad, L. Reservations to UN-Human Rights Treaties, Ratify and
Ruin? (MartinusNijhoff, 1995) pp. 131-149
Parisi, F.; Sevcenko, C., Treaty Reservations and the Economics of
Article 21 (1) of the Vienna Convention, Berkeley Journal of
International Law, Vol. 21, No. 1 (2003) pp. 1-26
Keller, L., The Impact of States Parties' Reservations to the Convention
on the Elimination of All Forms of Discrimination Against Women,
Michigan State Law Review, Rev. 309 (2014) pp. 309-326
Moloney, R., Incompatible Reservations to Human Rights Treaties:
Severability and The Problem of State Consent, Melbourne Journal of
International Law , Vol. 5 (2004)
Baylis, E., General Comment 24: Confronting the Problem of
Reservations to Human Rights Treaties, Berkeley Journal of
International Law, Vol.17, Issue 2 (1999) pp. 277-329
Stephen Hagan v. Australia, CERD Communication No.26/2002,
available
at:http://www.ohchr.org/EN/HRBodies/CERD/Pages/CERDIndex.aspx
Discussion Questions:
1. What does the CERD aim to achieve?
2. Does the CERD have a complaints hearing mechanism? Does it need
an Optional Protocol to hear cases? If yes/no is this different to other
international human rights law treaties?
3. Are all states bound under the complaints hearing mechanism? How
might this differ between treaties?
4. What is the role of General Comments/Recommendations?
5. What is the legal status of a General Comment/Recommendation? How
effective are both the decisions of treaty body complaints hearing
Cases:
Discussion Questions:
1. What is the difference between de jure and de facto equality?
2. What is substantive equality? What can states do to achieve it?
3. What are positive obligations? Do all rights have correlating
positive obligations? Using the ICCPR and the ICESR, please identify
and discuss examples of positive obligations.
4. What does the subject to available resources test mean for
economic, social and cultural rights? Why is it that only the text of
the ICESCR (and not the ICCPR) refers to these qualifiers?
Cases/presentations:
Lawless v. Ireland, 1 Eur. Ct. H.R. 15 (1961);
The Greek Case, 1969 Y.B. Eur. Conv. on H.R. 71-72 (Eur. Commn on
H.R.).
Velasquez Rodriguez v Honduras IACtHR Series C, No.4 29-July-1988
Further Readings:
Sandy Ghandhi, The Human Rights Committee of the International
Covenant on Civil and Political Rights: Practice and Procedure in the
New Millennium', (2008) 48 Indian Journal of International Law 208231
Goodman, R. Human Rights Treaties, Invalid Reservations and State
Consent, 96 AJIL (2002), pp.531-60
Oren Gross, Once More unto the Breach: The Systemic Failure of
Applying the European Convention on Human Rights to Entrenched
Emergencies, 23 Yale Journal of International Law 437 (1998);
EyalBenvenisti, Margin of Appreciation, Consensus, and Universal
Standards, 31 NYU Journal of International Law and Politics 843 (1999).
Brannigan and McBride v.UK ECHR Application no. 14553/89 (1993)
Discussion Questions:
1. When, how and for what reasons can states justifiably limit rights?
What criteria are set out in articles 19, 20 and 21 of the ICCPR?
2. What is a derogation? What is a limitation?
3. Are there any rights that can never be subject to limitation?
4. Under what circumstances may a state derogate from international
human rights law?
5. What is the procedure for states wishing to derogate from the
ICCPR?
6. Can a state derogate from the ICESCR?
7. What is a reservation? Who determines whether a reservation to a
human rights treaty is valid? Can invalid reservations be severed?
8. Which human rights norms qualify as peremptory norms of
international law? How, if at all, does peremptory status (jus
cogensnorms) contribute to better protection of human rights?
9. What is the status of the UDHR under international law?
Week 8: Regionalisation of Human Rights: Regional Treaties and Regional
Difference
The aim of this session is to provide a broad introduction to regional human
rights protection systems. We will identify regional instruments and the
differences they contain that support/detract from the full implementation of
international human rights globally.
We will examine the regional human rights conventions applicable in the
Arab world, Africa, America, Europe and the ASEAN Declaration for a
comparative global perspective.
Essential Readings:
Francis Deng In Human Rights: Southern Voices Ed. Twining, W. CUP
(2009) Cambridge, New York, Melbourne, Madrid, Cape Town,
Singapore, Sao Paulo, Delhi. P30-52
Conflict in Culture, Tradition and Practices: Challenges to
Universalism as in International Human Rights, 1st Edition, Alston and
Goodman 2012 pp.383-466
Articles 12-32 of the Constitution of India
Regional Charters/Declarations:
European Convention on Human Rights (1953)
The African Charter on Human and Peoples Rights (1986)
The Inter-American Convention on Human Rights (1978)
The Cairo Declaration of Human Rights in Islam (1990) available here:
http://www.oic-oci.org/english/article/human.htm
The Arab Charter of Human Rights (2004)
ASEAN Declaration on Human Rights (2012)
SAARC and Human Rights: Looking Back and Ways Forward, Forum
Asia (2012), pp.6-45
Further Readings:
Shaw, M. N. Chpt. 7 The Regional Protection of International Human
Rights as in International Law. 7th edition Cambridge University Press,
Cambridge (2014) pp.248-284
Discussion Questions:
1. What value can you see in creating a regional human rights system?
Do you think they have more legitimacy than the UN Human Rights
Machinery?
2. What are the advantages and disadvantages for having regional
human rights systems in for international human rights law?
3. Would you like to see SAARC and ASEAN countries create regional
human rights systems?
4. What substantive protections must the state put into place to ensure
that international human rights law obligations are met at the domestic
level?
5. Which organs of state play a key role in the implementation of
international human rights law?
6. What practical challenges do individual states face when attempting to
implement international human rights law at the domestic level?
Week 9: The UN Charter-based Human Rights Protection System: The UN
Human Rights Council Universal Periodic Review: A Case Study of India
In 2006 the UN dissolved the Human Rights Commission under Kofi Annan
and established the Human Rights Council in an effort to re-invent the
functioning, and reputation of the UN. This week we examine the UN HRCs
newest procedure the Universal Periodic Review (UPR). The UPR was
established in 2006 in an attempt to avoid the politicization that plagued the
former UN Human Rights Commission. The UPR provides a means for the
periodic examination of every UN member states human rights record,
regardless of the treaty ratifications of a particular state. This week we will
examine the UPR procedure through the lens of a case study of India before
the UPR.
Essential Readings
UN GA Res.60/251 Establishing the Human Rights Council. UN GA Doc.
A/RES/60/251
Basic Facts about the UPR as found here:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/BasicFacts.aspx
The United Nations, Markus Schmidt Human Rights Council section
Moeckli, et al. (eds.) International Human Rights Law, (pp.359-374
2014 edition)
The best way to learn about the Universal Periodic Review (UPR) is to
look at the web site and explore its working methods:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx
For a non-governmental perspective on the UPR process see:
http://www.upr-info.org/
You may also wish to watch the web cast of India before the UPR:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/INWebArchives.aspx
Human Rights Council Working Group on the Universal Periodic Review
First session Geneva, 7-18 April 2008, National Report of India, UN
Document: A/HRC/WG.6/1/IND/1 6 March 2008 (this report is very long
so please just try to get a general sense of the issues covered in the
report and please pick one specific right that interests you and focus
on reading that section)
Compilation of UN Information Submitted to the UPR, UN Document:
A/HRC/WG.6/1/IND/2 27 March 2008
Stakeholders Summary, Submitted to the UPR, UN Document
A/HRC/WG.6/1/IND/3 6 March 2008
Report of the Working Group of the UPR on India, UN Document:
A/HRC/8/26 23 May 2008
HRC Decision on the Outcome of India before the UPR, UN Document:
A/HRC/8/26 23 May 2008
Further Readings
UPR Info, Analytical Assessment of the UPR (2008-2010).
UPR Info, NGO Timetable the Role of NGOs at the UPR (2010)
African Women Millennium Initiative on Poverty & Human Rights
(Zambia), Working with the Universal Periodic Review of the United
Nations Human Rights Council: A Handbook for Civil Society
Organizations (2010)
Discussion Questions
1. What is the Universal Periodic Review (UPR) mechanism? How does it
work?
2. What is the value, if any, of the UPR?
3. What are the benefits and drawbacks of states examining the human
rights records of other states?
4. What role do NGOs play in the UPR?
5. What do you think about the Indias State Report submitted to the
UPR? Do you think it adequately reflects the human rights situation in
the country?
6. Compare and contrast the State Report of India with Stakeholders
summary.
7. What do you think of the Decision on the Outcome of India? Do you
think it is realistic? What do you think the chances are for
implementation at the domestic level?
Discussion Questions:
1. What is the relationship between freedom of thought, expression,
association and religion?
2. The fundamental freedoms are derogable rights according to Article 4
of the ICCPR. Under what circumstances may states derogate from
articles 19, 20 and 21 of the ICCPR?
3. Under what circumstances can states limit articles 19, 20 and 21 of the
ICCPR? What test must they meet in order to ensure that any
limitations are in accordance with international human rights law?
Further Readings:
UN Convention for the Protection of All Persons from Enforced
Disappearance
UN CAT Committee Concluding Observations on the combined third to
fifth periodic reports of the USA. CAT/C/USA/CO/3-5 19th December
2014 available here: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G14/247/23/PDF/G1424723.pdf?
OpenElement
National Human Rights Commission, Need for the investigating
agencies to keep the complainants/victims informed of the progress of
investigation Measures to Improve Police-Public Relationship and
Confidence, 22 December 1999, p.75, section II(c)(e) & (f),
http://nhrc.nic.in/Documents/sec-4.pdf
CAT Shadow report CCR, HRC and IHRLC Berkeley Law Nov. 2014: The
United States Compliance with the United Nations Convention Against
Torture with Respect to Guantnamo Bay Detainees and the
Cumulative Impact of Confinement, the Abuse of Detainees Post
Release, and the Right to Redress. Available here:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1
.aspx?SessionID=930&Lang=en
or:
The United States Compliance with the Convention Against Torture
with Respect to the Classification of Information Regarding the IllTreatment of Detainees in Secret Detention, James G. Connell, III,
representative of Ammar al Baluchi, a prisoner at Guantanamo Bay.
Available here: http://tbinternet.ohchr.org/Treaties/CAT/Shared
%20Documents/USA/INT_CAT_CSS_USA_18485_E.pdf
or:
Senate Select Committee on Intelligence: Committee Study of the
Central Intelligence Agencys Detention and Interrogation Program.
December 2014 available at:
http://www.intelligence.senate.gov/study2014/findings-andconclusions.pdf
or:
Redress: The Armed Forces (Special Powers) Act, 1958 in Manipur and
other States of the Northeast of India: Sanctioning repression in
violation of Indias human rights obligations, 18 August 2011 available
here:
http://www.redress.org/downloads/publications/AFSPA_180811.pdf
Chesterman, S. Why Not Torture? December 17, 2014 (working paper)
Report of the OHCHR 2014 - The use of torture-tainted information and
the exclusionary rule - A/HRC/25/60
Andrew Bellamy, No Pain No Gain, Torture and Ethics in the War on
Terror, (not justified but may be necessary in some exceptional
circumstances), http://onlinelibrary.wiley.com/doi/10.1111/j.14682346.2006.00518.x/abstract
National Human Rights Commission Report Torture and gang rape by
police officers in Tripura - Case No. 5/23/2003-2004-WC available here:
http://nhrc.nic.in/PoliceCases.htm
UN Committee Against Torture (CAT), UN Committee against Torture:
Conclusions and Recommendations, United States of America, 25 July
2006
Rodley, N. & Pollard M. The Treatment of Prisoners Under International
Law (2009)
Hood & Hoyle, The Death Penalty: A World Wide Perspective (2008)
Malala Yousufzahi I am Malala (2012)
Inter-American Convention on to Prevent and Punish Torture (1985)
ValidzhonKhalilov v. Tajikistan, U.N. Doc. CCPR/C/83/D/973/2001 (2005)
C. Johnson v. Jamaica, CCPR, A/54/40 20 October 1998;
CCPR/C/64/D/592/1994 (1998)
Hirsi Jamaa and others v. Italy (the Boat People), European Court of
Human Rights, Application no.27765/09, Judgment of 23 February 2012
(case summary)
Rasul v. Bush 542 U.S. 466 (2004)
Discussion Questions:
1. Give some examples of acts that amount to a) torture b) cruel,
inhumane and degrading treatment or punishment.
2. Are state obligations to prevent torture, cruel, inhumane and
degrading treatment or punishment positive or negative or both?
Provide some examples.
3. What does the right to life actually protect? Is every killing a violation
of the right to life? If not, why not?
4. Does the death penalty violate the right to life? What other human
rights should be considered when we discuss the death penalty?
5. What is a disappearance? What human rights are potentially violated
when a person is subject to an enforced disappearance?
6. Optional: Why do you think the USA has not ratified the UN CAT but
has ratified the Inter-American Convention to Prevent and Punish
Torture?
Further Readings:
Rebecca J. Cook, Human Rights and Maternal Health: Exploring the
Effectiveness of the Alyne Decision (2013) 41(1) Journal of Law,
Medicine & Ethics 103
Kaur, J. The role of litigation in ensuring womens reproductive rights an analysis of the Shanti Devi judgement in India Reproductive Health
Matters 2012; 20(39):21-30
Jain, D. &Rozario, N., Voices from the Field: Womens Access to
Contraceptive Services and Information in Haryana, India by Centre for
Health Law, Ethics and Technology, O.P. Jindal Global University in
Collaboration with Centre for Reproductive Rights, New York, CHLET
Publication (March 2013) p.16-25 Available at:
http://www.jgu.edu.in/chlet/PDF/ReportVOICES.pdf
Female sterilizationfailure: Review over a decade and its clinicpathological correlation. Date SV, Rokade J, Mule V, Dandapannavar S.
Int J Appl Basic Med Res. 2014 Jul;4(2):81-5. doi: 10.4103/2229516X.136781. http://www.ncbi.nlm.nih.gov/pubmed/25143881
Unsafe abortions: Eight maternal deaths every hour. The Lancet,
Volume 374, Issue 9698, Page 1301, 17 October 2009
http://www.thelancet.com/journals/lancet/article/PIIS01406736(09)61799-2/fulltext
Protocol to the African Charter on Human and Peoples Rights on the
Rights of Women in Africa art 1, (f), (g), (j), (k); art 2; art 5; art 14.
Available here: http://www.achpr.org/files/instruments/womenprotocol/achpr_instr_proto_women_eng.pdf
Achyut Prasad Kharel v Nepal 2004 Writ No. 3352 of 2061 BS (2004
AD)
Ngwena, C. Introduction to the Symposium Issue: Reproductive and
Sexual Health and the African Womens Protocol 16 Wash. &LeeJ.C.R. &
Soc. Just. 1 (2009)
Beltran Y Puga, A. Paradigmatic Changes in Gender Justice: The
Advancement of Reproductive Rights in International Human Rights
Law 3 Creighton Int'l & Comp. L.J. 158 2012
Cook, R & Dickens B. 'Human Rights Dynamics of Abortion Law Reform'
(2003) Human Rights Quarterly 1
Evaluating the Magnitude of Female Foeticide Problem of Punjab and
Haryana A Regional Analysis. Singh, D. Singh, S. IOSR Journal of
Humanities and Social Science (IOSR-JHSS) Vol. 19 (10) Ver. VII (Oct.
2014) pp69-78
A Long Battle for the Girl Child. Patel, V. Economic & Political Weekly
Vol XLVI No. 21 (2011)
Centre for Reproductive Rights: www.crlp.org
Planned Parenthood: www.plannedparenthood.org
Marie Stopes International: www.mariestopes.org.uk
Discussion Questions:
1. How are rights (such as the right to life, the right to the highest
attainable standard health) articulated regarding reproductive rights?
2. What are some of the reproductive health issues particular to women
in the global south?
3. Compare and contrast the articulations of health between the ICESCR,
CEDAW, African Womens Protocol and Indian PC&PNDT Act. How is the
global south represented?
4. Consider the AchyutParel judgment and evaluate the gender sensitivity
of the judgment.
5. How do you feel courts should interpret the right to equality between
men and women with regard to reproductive health services?
Week 13: Social and Economic Rights - The Right to Shelter &Education
This week will examine the right to education. We explore the nature and
scope of this right and its relationship to other human rights. We look at what
various human rights bodies and domestic courts have interpreted the right
to education to mean and the obligations it imposes upon states. We identify
ways in which education can be provided in a non-discriminatory manner and
ask what standard and quality of education the state is required to provide
under international human rights law.
Essential Readings:
Cases:
Unni Krishnan, J.P. &Ors. v. State of Andhra Pradesh &Ors. AIR (1993)
SC 2178 33
Olga Tellis&Othrs. V Bombay Municipal Corporation &Othrs. AIR (1986)
SC 180, 1985 SCC (3) 545.
Government of the Republic of South Africa and Others vs. Grootboom
(Grootboom) 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC) available
here: https://www.escr-net.org/docs/i/401409
Further Readings:
In preparation for class please take a look at the work of the UN Special
Rapporteur on the Right to Education:
http://www.ohchr.org/EN/Issues/Education/SREducation/Pages/SREducat
ionIndex.aspx
Discussion Questions:
1. What is the scope of the right to education? Does it mean there should
be state funded free education for all children and adults?
2. What has the UN Committee on the Rights of the Child said about the
quality of education?
3. How does the right to education intersect with other human rights,
including the right to life, religion, expression and the prohibition of
non-discrimination?
4. What practical challenges do states face when attempting to
implement the right to education at the domestic level?
5. What is the significance of the Unni Krishnan case?
Part D: Critiques:
Week 14: The Future of Rights
This week will question where global power is vested, whether global
governance and human rights can be mutually complimentary or if power,
governance, and rights are moving apart from each other more now than
they were when the concept of universal rights was envisaged in the 1940s.
Essential Readings:
Kennedy, D. The International Human Rights Regime: Still part of the
problem? as in Dickenson, R. et al (Eds) Examining Critical
Perspectives on Human Rights (2012)
Mutua, M., The Complexity of Universalism in Human Rights, in Sajo,
A., (ed.) Human Rights with Modesty: The Problem of Universalism
(2004) as available on SSRN: http://papers.ssrn.com/sol3/papers.cfm?
abstract_id=1533478
Baxi, U. The Future of Human Rights, 3rd edn., Oxford University Press
(2008) Chpt 4: Too Many or Too Few Human Rights?
Further Readings:
SlavojZizek Against Human Rights as in Wronging Rights?:
Philosophical Challenges for Human Rights and Global Political
Thought. (2011)
John Tasioulas, Taking Rights out of Human Rights (2010) 120
Ethics 647
James Griffin, Human Rights: Questions of Aim and Approach (2010) 1
20 Ethics 741
Baxi, U. The Future of Human Rights, 3rd edn., Oxford University Press
(2008) Chpt. 5 Critiquing Rights: Politics of Identity and Difference
page 124-159
Kennedy, David W. "Law and the Political Economy of the World,"
26 Leiden Journal of International Law 7 (2013).Kennedy, D. W.
"Challenging Expert Rule: The Politics of Global Governance,"
27 Sydney Journal of International Law 5 (2005) available at:
http://hls.harvard.edu/faculty/directory/10468/Kennedy/publications
Rainer, Forst, The Justification of Human Rights and the Basic Right
to Justification: A Reflexive Approach (2010) 120 Ethics 711
Discussion Questions:
1. Considering the above readings how well do you feel the concept of
universal human rights, as envisaged in the 1940s has been achieved?
2. According to Kennedy how do global governance and global power
relate to each other?
3. Evaluate whether you feel having a universal system of rights including
an implementation mechanism is possible. Support your answer with
reference to this weeks and the courses readings.
4. Considering the answers to the above questions how
sustainable/meaningful do you feel the UN is in todays world? Do you
think it is relevant today? Will continue to be relevant in the near
future? And if not why?