Reading materials for lectures/ seminars with Göran Melander on Jan 19, 20, 21, 22, 29 and Feb 4 th

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1 Reading materials for lectures/ seminars with Göran Melander on Jan 19, 20, 21, 22, 29 and Feb 4 th Orientate yourself by browsing the documents describing the course; the syllabus, the schedule and the presentation of sessions. UN Human Rights System I When, how and why did the United Nations human rights system develop? What are its main components, strengths and weaknesses? In this session, we explore the rise of international human rights law in historical context, the role of UN human rights treaty bodies, and then we focus on UN Human Rights Council special procedures to discern their role in investigating, monitoring and reporting on human rights issues, situations and violations. Chapters 8,9 and 10 of Alston and Goodman, International Human Rights More suggested reading: Lyal S. Sunga, How Can UN Human Rights Special Procedures Sharpen ICC Fact-Finding?15(2) Int l J. H.R. (2011) Lyal S. Sunga, Intro. to Lund Statement on UN Human Rights Council Special Procedures 76 Nordic J. Int l L. (2007) Lyal S. Sunga, NGO Involvement in International Human Rights Monitoring, in International Human Rights Law and Non- Governmental Organizations, Bruylant (2005) All Sunga publications can be downloaded in PDF free of charge from UN Human Rights System II Some observers have criticized the advent of the UN Human Rights Council s Universal Periodic Review process as just another diplomatic exercise, but others consider it as an important way forward in the better promotion and protection of human rights globally. In this session, we will examine strengths, weaknesses and the potential value added by the UPR to the UN human rights machinery. Chapters 8,9 and 10 of Alston and Goodman, International Human Rights More suggested reading: Lyal S. Sunga, What Effect If Any Will the UN Human Rights Council Have on Special Procedures? in International Human

2 Rights Monitoring Mechanisms (2nd ed.) (2009) All Sunga publications can be downloaded in PDF free of charge from UN Human Rights System III UN human rights treaty bodies are based on the consent of the State Party to ratify and implement the particular treaty concerned. Does that make the UN human rights treaty body system a fundamentally weak one, or can UN human rights treaty bodies make a real contribution towards pressuring Governments to abide by their international human rights obligations? This session will explore both the obstacles and potential for a more effective UN human rights treaty body system. Chapters 8,9 and 10 of Alston and Goodman, International Human Rights The reporting procedure under CEDAW. This session will introduce you to the procedure when examining a State Party Report. What actors are involved and what is their role? What are the benefits of and the challenges for this kind of procedure? For and introduction to CEDAW and the work of the CEDAW Committee, read chapter 3B in Alston and Goodman, International Human Rights. CEDAW roleplay During this session we will enact the consideration by the CEDAW Committee of a State report. The State report of Neverland will have been distributed during the lecture The reporting procedure under CEDAW. Group 1-3 will be responsible for art. 1-9 of the Convention and group 4-6 for art Members of group 1 and 4 have been appointed as experts in the CEDAW Committee! During the oral examination of the report members will ask questions to the representatives of the Neverish Government. Members of group 2 and 5 are working as civil servants within the Neverish Government. They will have to defend the Neverish position as described in the report to CEDAW and give adequate answers to the questions asked by the Committee members. Members of group 3 and 6 are members of Neverish NGOs. They are most dissatisfied with the country report and will submit a shadow report to the Committee, describing the real situation in Neverland. Members will also try to convince the Committee that the NGO community has given the correct information and persuade individual members to raise issues of discrimination against women during the oral examination. CEDAW roleplay- presentation of Concluding observations.

3 The experts of the CEDAW Committee will present their concluding observations. The experts of the CEDAW Committee (Groups 1 and 4) will adopt Concluding observations with recommendations.

4 Reading materials for lectures/ seminars with Anna Bruce on Jan. 23 and 26 and Feb. 2 nd Reading/Preparati on: Treaty bodies as interpreters of human rights law 23 rd Jan During this seminar we will analyze the role of treaty bodies as interpreters of human rights law. We will scrutinize their mandate in this regard, discuss the de facto impact of their interpretations, brush up on the rules of interpretation, and evaluate the quality of interpretations made by treaty bodies. Start by reading this article by Kerstin Mechlem, which argues for the centrality and importance of treaty bodies for the development of human rights law, and the need for treaty bodies to adhere closely to legal method in the form of rules for treaty interpretation in order for their work to be credible, influential and beneficial to the larger framework of human rights law. She also argues that treaty bodies lack in this respect. What do you think of her line of argument; are you persuaded? Do you agree with her critique of the interpretations made by the ICESCR Committee? Kerstin Mechlem, Treaty Bodies and the Interpretation of Human Rights, 42 VAND. J. TRANSNAT'L L. 905, (2009) &collection=journals&page=905 Now you must do your own empirical research to test Mechlem s conclusions: each group will pick one or more general comment or individual complaint by any UN treaty body and measure it/them against the standard that Mechlem sets; a correct, systematic, consistent and traceable application of Articles 31 and 32 of the Vienna Convention on the Law of Treaties. To what extent does the critique by Mechlem apply and do you find any statements that are questionable against the background of the limitation of treaty interpretation; i.e. where the Committee, judged against you application of the rules of interpretation, has exceeded these limitations? A tip is to choose a general comment or individual compliant which addresses a controversial issue In class we will start by reviewing Articles 31 and 32 of the Vienna Convention on the Law of Treaties and summarizing and discussing the position, critique and ambitions expressed in the article by Mechlem Everyone be prepared to contribute here!

5 After this each group will have 15 minutes to present your findings on the group-specific work. Let me know what general comment(s)/individual complaint(s) you have chosen as well as if you wish to use pp, over head or handouts (I can print them) two days prior to class at New law-making under the UN: the example of CRPD 26 th Jan During this lecture we will move on from the interpretation of existing law to the making of new law. By using the CRPD (the latest UN human rights convention) we will investigate the process of making new law (actors, modus operandi, how the relationship to existing law was understood in the process and general issues of political tension endangering the process). Read through the text of the CRPD and have it available in class! Read these two articles before the lecture: Rosemary Kayess and Phillip French, Out of Darkness into Light? Introducing the Convention on the Rights of Persons with Disabilities Human Rights Law Review (2008) 8 (1): age=1 This article by Kayess/French provides an analytical introduction to the content of the CRPD as well as the ideology it is based on. Mégret, Frédéric, The Disabilities Convention: Towards a Holistic Concept of Rights (2008)12 International Journal of Human Rights It this article Mégret argues that the CRPD significantly develops human rights law by transcending some of its main dichotomies; including negative v. positive rights, civil and political v. economic, social and cultural rights, rights in the public v. the private sphere. CRPD: old or new rights? 2 nd Feb During this seminar we will address the question whether the entitlements and obligations in the CRPD amount to new rights ; i.e. if they create rights which are not covered by earlier UN human rights law. Can it be argued that the CRPD only clarifies rights already covered by earlier instruments rather than create new rights or does that stretch the interpretation of those instruments beyond the reasonable? If the CRPD indeed creates new rights; what does that say about earlier instruments and the body of human rights law en large?

6 Start by reading the following article by Frédéric Mégret: Mégret, Frédéric, The Disabilities Convention: Human Rights of Persons with Disabilities or Disability Rights? (2008) 30 Human Rights Quarterly &page=494 Mégret questions the often reiterated mantra that the CRPD does not create any new rights and in doing so he creates four categories of level of newness : Affirmation, Reformulation, Extension and Innovation. What separates these and where do you think these categories start exceeding what it is possible to, within the limitations of the rules for interpretation, argue is not departing from earlier law enough to create new rights? Is he clear on this? One of Mégret s main points, based on which he defends the usefulness of group specific treaties and expressions of rights at least bordering a conceptualization as new rights, is the irreducibility and uniqueness of the experience of particular groups. Do you find his arguments in this regard convincing? He sees the recognition of this as the pluralization of human rights which is potentially at odds with the ideas underlying human rights; universality and equality. Do you agree? Why/why not? What would you say categorizes his understanding of equality; leading him to this conclusion? Do you see any dangers with emphasizing the irreducibility rather than the universality of human experience? In addition to preparing yourselves to discuss these questions, each group will put Mégret s arguments to the test. Your group will choose an article (or a section of an article) in the CRPD and investigate its relationship to earlier human rights law. Can a viable interpretation of earlier law yield the same entitlements and/or obligations as the CRPD? In class we will start discussing the general issues outlined above. Everyone be prepared to contribute here! After this each group will have 15 minutes to present your findings on the group-specific work. Let me know what article/section of article in the CRPD you have chosen as well as if you wish to use pp, over head or handouts (I can print them) two days prior to class at anna.bruce@jur.lu.se.

7 Reading materials for lectures and seminars with Eleni Karageorgiou on Feb. 3 rd Regional Human Rights Focus: Europe The European Human Rights System with focus on the ECHR and the ECtHR Lecture 3 Feb Tetra Pak Eleni Karageorgiou (eleni.karageorgiou@jur.lu.se) The lecture introduces the European Human Rights System and highlights some of its distinctive aspects. It overviews the legal instruments, institutions and processes established to promote human rights in the region, with focus on the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR). It discusses current reforms in the procedural practice of the ECtHR and their impact on human rights protection and on the role played by state-parties, supervisory bodies and individuals. Reading Alston, Ph. and Goodman, R., 2013 International Human Rights, The Successor to International Human Rights in Context, OUP, pp and

8 Reading materials for lectures and seminars with Ida Elisabeth Koch Lecture on Feb. 9 th The interaction between ECtHR and ECSR 9 th Feb The first lecture will provide an introduction to the Europe Social Charter (ESC), a sister treaty to the European Convention on Human Rights and Fundamental Freedoms (ECHR). The ESC has been revised in 1996 (the Revised European Social Charter (RESC) and both treaties (the ESC/RESC and the ECHR has been amended by a number of protocols. Whereas the ECHR and its protocols are very well known, the ESC/RESC are very often overseen. Therefore, students will be introduced to the substantive content of ESC/RESC. Moreover, the purpose of the lecture is also to familiarise students with the monitoring system, the European Committee on Social Rights (ECSR). That includes the reporting procedure and the collective complaints procedure. In the second lecture the interaction between the ESC/RESC and the ECHR will be subject to discussion. Some rights escapes the dichotomous perception of the two sets of rights (socio-economic rights and civil-political rights and it seems as if the two monitoring bodies, the ECSR and the ECtHR) receive inspiration from each other in the interpretation of rights covered by both treaties, cf. eg. ESC(RESC Article 5 and 6 and ECHR Article 11 on the right to organise etc. Reading/Preparatio n: Read through the ESC/RESC, the small section on ESC/RESC in the course book and the following article: Aoife Nolan, Aggravated Violations, Roma Housing Rights and Forced Expulsions in Italy: Recent Developments under the European Social Charter Collective Complaints System, Human Rights Law Review; Jun2011, Vol. 11 Issue 2, p , 4eb0d-71b7-4dd3-a89bb5140abb1d41%40sessionmgr113&vid=2&hid=104 Holly Cullen, The Collective Complaints System of the European Social Charter: Interpretative Methods of the European Committee of Social Rights, Human Rights Law Review (2009) 9 (1):

9 Reading materials for lectures/ seminars with Alejandro Fuentes on Feb 20, 23, and 25 th Reading/Prep aration: Reading/Prep aration: Regional Human Rights Focus: the Americas American Human Rights System I During this lecture, we will focus on the structural basis of the human rights system in the Americas. The emphasis will be put on its backgrounds, institutional pillars, main regional instruments, and basic legal principles. The latter includes the principle of complementarity, subsidiarity, effet utile and non-restrictive interpretation, among others. Finally, the structure and work of the Inter-American Commission on Human Rights (I-ACHR) will be introduced. Course book: Philip Alston and Ryan Goodman, International human rights. The successor to human rights in context, Oxford University Press, 4th edition (October 2012): pp ; ; ; and Additional readings: Goldman, Robert K., History and Action: The Inter-American Human rights System and the Role of the Inter-American commission on Human Rights, Human Rights Quarterly 31 (2009) &collection=journals&page=856 This article provides an historical overview of the Inter-American Human Rights System. The focus is on the political processes, institutional dynamics and historical phases within this regional system, especially with regard to the Inter-American Commission. Regional Human Rights Focus: the Americas American Human Rights System II During this lecture, the emphasis will be given to the procedure dealing with individual cases of human rights violations before the Inter-American Commission and the Inter-American Court of Human Rights (I-ACtHR). In addition, the structure and legal mandate of the latter will be also analysed. Especial attention will be given to the advisory and contentious jurisdiction of the Court. Course book: Philip Alston and Ryan Goodman, International human rights. The successor to human rights in context, Oxford University Press, 4th edition (October 2012): pp Additional readings: Medina Quiroga, Cecilia, The Inter-American System for the

10 Protection of Human Rights, in Catarina Krause and Martin Scheinin (eds.), International Protection of Human Rights: A textbook, Åbo Akademi University Institute for Human Rights, Turku/Åbo, (Available in the RWI library for consultancy). This text provides a systematic introduction to the entire Inter- American Human Rights System. Its reading is recommended before the first lecture in order to acquire a well-structured overview of this regional system. Grossman, Claudio, The inter-american System of Human Rights: Challenges for the Future, 83 Ind. L.J a83&collection=journals&page=1267 Reading/Prep aration: This article focuses on three different human rights cases dealt by the Inter-American Court. These cases are representative of the three main phases underwent by the Inter-American system and jurisprudence, in dealing with human rights violations. Regional Human Rights Focus: the Americas American Human Rights System III During this seminar, we will analyse six different representative cases from the Inter-American Court of Human Rights, including its advisory opinions. Students, organised according to the established 6 student groups, will present the cases to the class. General and integrative discussion will follow the presentations. Course book: Philip Alston and Ryan Goodman, International human rights. The successor to human rights in context, Oxford University Press, 4th edition (October 2012): pp Additional readings: Cançado Trindade, Antônio Augusto, The developing case law of the Inter-American Court of Human Rights, Human Rights Law Review Volume 3, Number bc9-ed ba4af835200ce39c%40sessionmgr111&vid=2&hid=120 This article provides a very good synopsis of some of the most significant aspects of the developing case-law of the Inter-American Court. Cançado Trindade, Antônio Augusto, The Humanization of Consular Law: the impact of Advisory Opinion No. 16 (1999) of the Inter- American Court of Human Rights on International Case-Law and Practise, Chinese Journal of International Law (2007), Vol. 6, No. 1,

11 sid=e7ad9580-7ceb-4c6d-8a23-029e09942b02%40sessionmgr115&hid=120 This article analyses the impact of the above-mentioned advisory opinion on international law, but not only. It also presents an overview of how international human rights law and ideas have humanized international law, and in particular, consular law and assistances. INSTRUCTIONS Each group will have 10 minutes (approx.) for the presentation of the case. Each group will have to: 1. make a brief summary of the facts of the case; 2. make a brief summary of the decision took by the Court; 3. identify and present the main legal issues at stake; 4. identify and elaborate upon the legal reasoning used by the judges and the main legal arguments that they have developed; 4. use the recommended literature for orientation; All participants of the group must take part of the elaboration and discussion of the given case; however, oral presentations will be made by four (4) members of the group (rapporteurs), appointed by all its members; The list of the cases assigned to each student group will be available soon under Course Material.

12 Reading materials for lectures/ seminars with Lone Lindholt on Feb. 26 and 27 th Assignment for modules on regional African human rights system- Lone Lindholt- 26 th and 27 th February Outline The two sessions will focus on the regional African human rights system. The first session will focus on the provisions of the charter in terms of substance, i.e. the rights and obligations etc., providing a general overview of and introduction to the Charter and the mechanisms insuring its implementation. The second session will focus on case law from the African Commission and Court, providing a sense of their direction. Assignment Read The African Charter on Human and Peoples Rights, can be downloaded from: harter.pdf Read 2 articles, Pdf of both are uploaded on the course webpage: - Ssenyo - Lindholt Case law: go to Each student selects one case, either from the African Commission or from the African Court; write in max. 10 lines why this is important; and send this to me (lone@lindholtconsult.dk) by Saturday 21 February class discussion will then take place on the basis of the selected cases.

13 Reading materials for lectures and seminars with Amin Parsa on March 2 and 3 rd For the lecture on 2 nd March - Right to have rights Please read: - Jacques Rancière, Who is the subject of rights of man? The South Atlantic Quarterly 103.2/3 (2004) (Available online) - Franz Kafka, Before the Law. (Available online for free), this is a very short parable that can be found easily online. One link could be this: For the lecture on 3 rd March Third world approaches to human rights law please read: - Jose-Manuel Barreto, Imperialism and decolonization as scenario s of human rights history, in Human rights from a third world perspective; Critique, history and international law, Jose-Manuel Barreto (ed.), (2013, Cambridge scholars publishing). (Since you can not find this book chapter online, a copy of this chapter will be available at the reception desk of the Juridicum, from a week prior to the class. State the course name Advanced human rights law- and pick one up). For the upcoming lectures, as always, I look forward to your contributions during the class.