Introduction to Human Rights. Term 2, 2011 Course Guide. Mahidol University International College.

Transcription

1 Introduction to Human Rights: ICSS 332 Term 2, 2011 Course Guide. Mahidol University International College Course Name: Lecturer: Introduction to Human Rights Dr Mike Hayes Class times: Monday and Wednesday Assessment: UDHR test 10% Case Study Presentation on HR Issue (Groups) 20% HR Violations test 30% Country case study 40% Information on the Assessment is on Page 5 General Aims. This course will outline the major historical, philosophical, legal and institutional contexts of Human Rights. It examines how Human Rights are formulated in the key instruments, and the key elements of the various rights, such as women s, children s and migrant worker s rights. The course is intended as an introduction to the basic social, legal, and political issues, and how they work in a global context. The course will examine the implementation of Human Rights in Asia, and focus specifically on the issues relevant to Asia. Teaching Objectives. At the completion of the course the student will be able to: Describe the historical formation and philosophical rationale of Human Rights Detail the contents of the major Human Rights instruments Understand the role of advocacy and education in the dissemination of human rights Explain major contemporary debates on Human Rights Outline Human Rights issues of current importance in South East and East Asia Describe protection of human rights by the United Nations, and Human Rights organizations such as Amnesty, and Human Rights Watch. Reading Text: Most of the reading for this course will come from one CD. On it are two books and the articles you will need for the course: Magdalena Sepúlveda et al. Human Rights Reference Book. Costa Rica: University for Peace, 2004 Magdalena Sepúlveda et al. Human Rights Instruments. Costa Rica: University for Peace, 2004 Grades: A % B % B 80-84% C % C 65-74% D % D 50-59% Fail 0-49% 1 Course outline: International Relations MUIC, 2011

2 Summary Schedule Week Date Topic No Jan. Introduction to Human Rights: Major Concepts 12 Jan. Historical, Philosophical, Political Concepts 2 17 Jan. Basic Human Rights Instruments: UDHR, 19 Jan. Human Rights exercises 3 24 Jan. Basic Human Rights Standards: ICCPR 26 Jan. Basic Human Rights Instruments ICESCR: UDHR test (10%) 4 31 Jan. International Law 2 Feb. Protection Mechanisms: UN, Regional, National 5 7 Feb. Individual Complaints to the United Nations 9 Feb. Women and Human Rights: HR Violations Test 6 14 Feb. Children and Human Rights 16 Feb. Torture and Disappearances 7 21 Feb. Human Rights in times of Conflict 23 Feb. ICC: Individual Criminal Responsibility 8 28 Feb. FOE: Art. 19 HR Violations Test Due 2 Mar. Migrant issues: Refugees, IDPs 9 7 Mar. Migrant issues: Trafficking 9 Mar. Migrant issues: Migrant Workers Rights Mar. Right to Development; rights based development 16 Mar. Indigenous and Minority Rights Mar. New Treaties: Disabilities and Sexuality 21 Mar. Presentations Course Outline 1. Introduction: Major Historical and Philosophical Concepts. Reading: Magdalena Sepúlveda et al. PART ONE: Chapter 1: Definitions and Classifications. Human Rights Reference Book. Costa Rica: University for Peace, Read: Manfred Novak. Ch 2 History of Human Rights. Introduction to the International Human Rights Regime. Boston: Martinus, Course introduction Historical development of rights Human Rights in Enlightenment Europe Central philosophical concepts of rights, duties, obligations, and claims 2 & 3. Major Human Rights Instruments Reading: Manfred Novak. Ch 4 United Nations. Introduction to the International Human Rights Regime. Boston: Martinus, UDHR: Universal Declaration of Human Rights ICCPR: International Covenant of Civil and Political Rights ICESCR: International Covenant of Economic, Social and Cultural Rights Details of the key Human Rights instruments History of the drafting of the instruments Terminology and Elements of Specific Rights 2

3 4.1 Human Rights in International Law Reading: Javaid Rehman. Ch 1. International Law and Human Rights. International Human Rights Law: A Practical Approach. London: Longman, Where does international law come from? How international law works Place of human rights in international law 4.2 Human Rights Protection Mechanisms Systems Reading: International Service for Human Rights. A Simple Guide to the Treaty Bodies. Geneva: ISHR, n.d. Role of the UN, HCHR, Security Council in Human Rights Human Rights protection mechanisms at the UN Treaty and Charter Bodies Regional systems 5.2 Women s Rights Reading: Partners for Law in Development. CEDAW: Restoring Rights to Women. New Delhi: PLD, 2004 Convention on the Elimination of All forms of Discrimination Against Women Read: PART FOUR: Chapter 1: Women and Girls ] History of Women s Rights Gender based Violence Culture, gender and rights Reproductive rights Women s rights in South Asia and Middle East 6.1 Children and Human Rights Reading: Convention on the Rights of the Child Magdalena Sepúlveda et al. PART FOUR: Chapter 2: Children History of Children s Rights Special Rights of children Violating children s rights: labour, trafficking, and child soldiers 6.2 Torture Reading: Malcolm Evans. Getting to Grips with Torture. International and Comparative Law Quarterly, 51 (2002): Definitions of torture Torture and the justice system Arguments for torture: the ticking bomb USA and the new torture regimes 7.1 Human Rights in times of Conflict 3

4 Reading: FAQs on IHL, HR and Refugee law in the context of armed conflict. Inter Agency Standing Committee Task Force on Humanitarian Action and Human Rights. What is International Humanitarian law? Four Geneva Conventions Current Issues: defining non combatants, Protection of vulnerable people 7.2 International Criminal Court (ICC) and Individual criminal responsibility Reading: Human Rights Correspondence School: The International Criminal Court. Rome Statue of the International Criminal Court: Questions and Answers United Nations, Lecture International Criminal Law Definition of war crimes, crimes against humanity, and genocide The jurisdiction of the ICC Types of crimes: from the Khmer Rouge to Congo Political controversies around the ICC 8.1 Freedom of Expression and Assembly Reading: Magdalena Sepúlveda et al. Read: PART THREE: Chapter 2: The rights to freedom of expression and religion Standards on FOE Context of FOE in cases in Thailand The media and FOE Social moral, health, national security 8.2 Migration Issues: Refugees and IDPS Reading: Joan Fitzpatrick. The Human Rights of Refugees Asylum Seekers, and Internally Displaced People: A Basic Introduction. Joan Fitzpatrick. Human Rights Protection for Refugees Asylum Seekers, and Internally Displaced People. New York: Transnational, 2002 PART FOUR: Chapter 3: Refugees ] Refugee conventions Global population movements and Human trafficking Internally displaced people State obligations and duties 9.1 Migration Issues: Trafficking Reading: UN Office on Drugs and Crime. Toolkit to Combat Trafficking in Persons. Global Programme Against Trafficking in Human Beings. New York Definition of trafficking and smuggling Trafficking routes 4

5 Trafficking and crime International legal and organizational approaches 9.2 Migration Issues: Migrant Workers Reading: UN Fact Sheet: The Rights of Migrant Workers. Fact Sheet 24.rev 1. PART FOUR: Chapter 8: Migrant Workers ] Emergence of Migrant Workers as a Human Rights Issue Migrant Workers in Thailand Violations faced by Migrant Workers 10.1 Right to Development Reading: Arjun Sengupta. On the Theory and Practice of the Right to Development. Human Rights Quarterly 24 (2002): PART FIVE: Chapter 1: Human Rights and Development ] How Right to Development was incorporated Violations through development Rights Based Approach to Development 10.2 Indigenous and Minority Rights Reading: Magdalena Sepúlveda et al. PART FOUR: Chapter 7: Indigenous Groups Substantive rights of indigenous and minority groups Problems of definition of indigenous and minority Political aspects of minority rights 11.1 New Treaties: Disability and Sexuality, Reading: AIFO. Training Manual on the Human Rights of Persons with Disabilities. Edited by Giampiero Griffo and Francesca Ortali. Ulaanbator, Douglas Sanders. Sexual orientation, gender identity, gender expression, intersexuality. Routledge Encyclopedia of Human Rights. [2008] Also in the electronic materials look over: Magdalena Sepúlveda et al. PART FOUR: Chapter 9: Disabled People ] Substantive rights for disabled people Controversies for disabled people Concepts of universal design and reasonable accommodation Assessment UDHR test 10% Test on the articles of the UDHR HR Violations test Received: 9 Feb Due: 28 February 20% Take home test on determining violations in specific case studies 5

6 Case Study Presentation on HR Issue (Groups) 30% As a group of 3-5, students will have the opportunity to research and present on one specific topic which interests them. The students will prepare a presentation and paper on a specific human rights issue. Potential case studies are listed below. The students may choose their own case study, but this must be approved by the lecturer. Child Soldiers Trafficking Domestic Violence Dowry Gay, Lesbian, Transgender Rights Media freedom Migrant workers Stateless Children Honour Killings Death Penalty Torture Thematic or country case study Rules about the presentation: You should do a power-point and hand in the print copy of the slides You are not allowed to read out the slides you will be stopped if you do this Do not cut and paste the contents of the slides from wikipeida etc write the slides yourself Learn how to pronounce the names of people/places on the slide Not everyone has to talk you can have one or two presenters You cannot present for longer than 20 minutes You are expected to answer questions from the class The presentation must cover: 1. What are the current events of the particular violation? 2. Describe some actual violations that have occurred. 3. What is being done to address his problem? Country case study (2,000 words) 40% An individual paper will be completed which assesses one country s human rights record. Any country can be selected. The study does not need to cover all the human rights issues, but it should consider what are the most pressing human rights issues, and how the country has responded to human rights criticisms. The paper must: Have a bibliography showing what research you have done Be in an essay form Detail what are the most pressing human rights concerns Detail the treaties which the country has agreed to Outline some common criticisms of the human rights record of that country Outline United nations responses to the human rights record of the county 6