Individual and Human Rights CEU Legal Studies, 2007

Transcription

1 Individual and Human Right 1 Individual and Human Rights CEU Legal Studies, 2007 Description This class examines the development of the concept of human rights in the world in which liberal democracies co exist with dictators and face abuse of rights, ethnic cleansing and genocide. It is expected that after taking this class a student will be able to understand the concept of rights in the perspective of various cultures. Other objectives of the course is to help students to distinguish which rights and mechanisms for their protection are uniquely Western and which are truly universal, and to understand the minimum content of rights which should be universally protected by international community. To meet these objectives we will look into the origins of individual rights before and during the Enlightenment. We will see the rejection of rights in the nineteenth century and their re emergence as human rights after World War II. The "Revolution of Rights" in the 1960s and the role of human rights during and after the Cold War will be discussed. Rights will also be analyzed in context of other political and legal ideas and institutions, such as democracy, constitutionalism, and welfare. The role of rights in various ideologies and cultures will be compared. Finally, the limitations of the concept of rights in social relations and individual life will be discussed. The class has a comparative and 'generalist' character: there will be relatively few cases discussed and more analysis of historical ideas, theoretical concepts and institutions. The class is divided into four parts. In the first part, the basic notions related to individual and human rights as well as categories of rights are discussed. The second part deals with the emergence and evolution of individual rights in Europe and America, with the limitations of the Enlightenment concept of rights, and with the rejection of rights in the nineteenth century. The emergence and growth of human rights after World War II are the subject of the third part. The last part looks into the universality of human rights and examines the application of the concept of rights in the individual's search for meaning in life. Main ideas to be discussed during this class are: 1/ individual and human rights have developed whenever the opportunity to claim rights appeared, and 2/ being one of the most important principles in social life, human rights should not always take precedence over all other values. Similarly, not all claims to better life and dignity should be formulated in terms of human rights. Nevertheless, despite

2 various cultural attitudes to human rights, there exist a set of minimal standards of human rights that should be respected by all states regardless their cultural tradition. Requirements Students are expected to attend all sessions, read assigned readings, and participate in class discussions. Some topics will be discussed only during lectures with no relevant readings. The final grade will be based on an exam concerning issues related to the class. The grade can be lowered for students who miss classes, fail to submit reaction papers to readings or do not participate in class discussion, and upgraded for students who will contribute most to the class. Grading will follow a curve. Readings A majority of required readings are assembled in the Reader prepared by the instructor. Chapters from a number of books put on Reserve in the Library are suggested for this class, as indicated in this syllabus. Readings are assigned to each part of the class. Readings bold faced in this syllabus should be read prior to the part during which they will be discussed. Before each part of the class, students should write a words reaction papers to these readings. Readings that are not boldfaced should be read any time before the end of the course. During the course some short additional materials may be handed out to students. Suggested readings, indicated in the syllabus for each part of the course, may be useful while preparing for final exam as well as for students who want to deepen the knowledge of particular issues. Course Bibliography at the end of this syllabus includes all required and suggested readings as well as additional materials related to the class. The schedule of sessions: The class will meet fourteen times for two hour sessions between September 24 and October 17, Individual and Human Right 2

3 Readings: Description of the class. Part One: Rights: concepts and categories Introduction to rights Rights in general and human rights? Rights as claims and as enforceable norms Moral rights, legal rights, human rights. Human rights Rights and duties Human rights, democracy, constitutionalism and other values Rights and needs; social rights Categories of rights Human rights, freedom, and dignity. Henkin, Louis, The Human Rights Ideal and The Triumph of Human Rights From Henkin, Louis, Gerald L. Neuman, Diane F. Orentlicher, David W. Leebron. Human Rights. Foundation Press (From now on: Henkin et al) (Pages 1 6, and 7 26 of the Reader). Osiatynski, Wiktor. "Introduction to the Concept of Human Rights." In Handbook for Helsinki Committees. A Guide in Monitoring and Promoting Human Rights, and NGO Management. International Helsinki Federation for Human Rights, Osiatynski, Wiktor. Introduction to Re thinking Socio Economic Rights in an Insecure World. (Nsongurua Udombana and Violeta Besirevic (eds.) CEU Center for Human Rights, 2006: Raz, Joseph Liberty and Rights. In Joseph Raz, The Morality of Freedom. 1986: Suggested readings: Cranston, Maurice. What Are Human Rights? 1973: Feinberg, Joel. "The Nature and Value of Rights." In Winston, Morton E. The Philosophy of Human Rights. 1989: Individual and Human Right 3

4 Readings: Part Two: Individual Rights The origins of rights The emergence of rights in the Middle Ages Civil society and rights The age of absolutism; two versions of absolutism. Rights in the Age of the Enlightenment and revolutions Absolutism rejected: social contract theories Rights, constitutions, and revolutions Freedom from government in America Freedom through government in France. Rejection of rights in the XIX Century Anti individualistic ideologies in Europe Rights and colonialism, evolutionism and racism Constitutionalism in America: property and enterprise The emergence of social rights Humanitarian law. Golding, Martin P. "The Concept of Rights: A Historical Sketch." (From: Bandman, Elsie L., and Bertram Bandman Bioethics and Human Rights. Little, Brown and Company 1978: ) Davidson, Scott. Historical Development of Human Rights. In Human Rights, 1993: Henkin et al.: 6 13; 31 37; (Pages of the Reader.) Suggested readings for part two: Henkin et al.: 16 31; 44 60; ; Caenegem, R.C. van. An Historical Introduction to Western Constitutional Law. Cambridge University Press 1995: Individual and Human Right 4

5 Part Three: Human Rights The origins of human rights The Atlantic Charter and the United Nation The Nurnberg trials and the "codification" of natural law" The Universal Declaration and human rights covenants The third generation of rights. The revolution of rights De colonization and struggles against racism Civil rights in the United States The emergence of international human rights movement The Helsinki Agreement; human rights in international politics The triumph of human rights. Human Rights in the 21st century Readings: Human rights and globalization Human rights in the age of terrorism New challenges to human rights. Glendon, Mary Ann. A World Made New, 2001: Henkin et al.: ; ; ; (Pages of the Reader.) Osiatynski, Wiktor: Are Human Rights Universal in an Age of Terrorism? In Wilson, Richard Ashby (ed.) Human Rights in the War on Terror. Cambridge University Press 2005: Neier, Aryeh How Not to Promote Democracy and Human Rights. In Wilson, Richard Ashby (ed.) Human Rights in the War on Terror. Cambridge University Press 2005: Suggested readings: Lauren, Paul Gordon The Evolution of International Human Rights. Visions Seen. The University of Pennsylvania Press 1998: ; Henkin et al.: ; ; ; ; ; ; ; ; ; ; ; ; Osiatynski, Wiktor. "Human Rights for the 21st Century." Saint Louis Warsaw Transatlantic Law Journal. Volume 2000: Individual and Human Right 5

6 Readings: Part Four: Universality of Human Rights Human rights, identity, religion Human rights and competing ideologies Human rights and traditional values Rights and dignity in non Western cultures Rights and major religions Minimal standards of rights Cross cultural dialogue on rights Rights and the search for meaning The criticism of rights Rights and other values Rights as a fall back mechanism Rights, responsibilities and commitments. Henkin et al.: (Pages of the Reader.) Pollis, Adamantia. "A New Universalism. In Pollis, Adamantia, and Peter Schwab (eds.) Human Rights. New Perspectives, New Realities. 2000:9 30. Donelly, Jack. Universal Human Rights in Theory and Practice, Cornell University Press 1989: Osiatynski, Wiktor The Universality of Human Rights. (An English translation of the entry to the Italian Enciclopedia Dei Diritti Umani.) Fortcoming Osiatynski, Wiktor Beyond Rights. In Sajo, Andras (ed.) Abuse: The Dark Side of Fundamental Rights. Eleven International Publishing 2006: Feinberg, Joel. "A Postscript to the Nature and Value of Rights (1977)." In Bandman, Elsie L., and Bertram Bandman Bioethics and Human Rights. Little, Brown and Company, Boston 1978: (Reader) Suggested readings: Henkin et al.: Glendon, Mary Ann Rights Talk. The Impoverishment of Political Discourse, 1991: 1 17, Taylor, Charles. "Conditions of an Unforced Consensus on Human Rights." In Bauer, Joanne R., and Daniel A. Bell (eds.). The East Asian Challenge for Human Rights. Cambridge University Press 1999: Individual and Human Right 6

7 Bibliography An Na'im, Abdullahi Ahmed (ed.) Human Rights in Cross Cultural Perspectives. A Quest for Consensus. The University of Pennsylvania Press Arat, Zehra F. Democracy and Human Rights in Developing Countries. Lynne Rienner Publishers Bandman, Elsie L., and Bertram Bandman Bioethics and Human Rights. Little, Brown and Company, Boston Bauer, Joanne R., and Daniel A. Bell (eds.). The East Asian Challenge for Human Rights. Cambridge University Press Berlin, Isaiah Four Essays on Liberty. Oxford University Press. London Caenegem, R.C. van. An Historical Introduction to Western Constitutional Law. Cambridge University Press 1995 Cranston, Maurice. What Are Human Rights? Tapliger Publishing Co., Inc., New York Davidson, Scott Historical Development of Human Rights. In Human Rights, 1993: Donelly, Jack Universal Human Rights in Theory and Practice, Cornell University Press Eide, Asbjorn, and Bernt Hagtved Human Rights in Perspective. A Global Assesment. Blackwell. Oxford Epp, Charles R. The Rights Revolution. Lawyers, Activists, and Supreme Courts in Comparative Perspective. The University of Chicago Press Gewirth, Alan The Community of Rights, The University of Chicago Press 1996: Glendon, Mary Ann Rights Talk. The Impoverishment of Political Discourse. Harvard University Press,1991: 1 17 and Glendon, Mary Ann. A World Made New. Random House, Golding, Martin P. "The Concept of Rights: A Historical Sketch." In Bandman and Bandman, 1978: Individual and Human Right 7

8 Handbook for Helsinki Committees. A Guide in Monitoring and Promoting Human Rights, and NGO Management. International Helsinki Federation for Human Rights, Henkin, Louis "Economic Social Rights as 'Rights': A United States Perspective." Human Rights Law Journal. Vol. 2, No.3 4, 1981: Henkin, Louis The Age of Rights. Columbia University Press. New York Henkin, Louis, and Albert Rosenthal (eds.) Constitutionalism and Rights. The Influence of the United States Constitution Abroad. Columbia University Press, New York Henkin, Louis, Gerald L. Neuman, Diane F. Orentlicher, David W. Leebron. Human Rights. Foundation Press Holmes. Stephen, and Cass R. Sunstein. The Cost of Rights. Why Liberty Depends on Taxes. W.W. Norton & Company Ignatieff, Michael. The Rights Revolution. Anansi, Ignatieff, Michael. Human Rights as Politics and Idolatry. Princeton University Press, Korey, William NGOs and the Universal Declaration of Human Rights. "A Curious Grapevine." St. Martin's Press Lauren, Paul Gordon The Evolution of International Human Rights. Visions Seen. The University of Pennsylvania Press Lukes, Steven Five Fables about Human Rights. Dissent, Fall 1993: Lyons, David (ed.) Rights. Wadsworth Publishing Company Osiatynski, Wiktor "Rights in New Constitutions of East Central Europe." In Columbia Human Rights Law Review, Vol. 26, 1, 1994: Osiatynski, Wiktor, "Introduction to the Concept of Human Rights." In Handbook for Helsinki Committees. A Guide in Monitoring and Promoting Human Rights, and NGO Management. International Helsinki Federation for Human Rights, Osiatynski, Wiktor, "Social and Economic Rights in a New Constitution for Poland." In Sajo, Andras (ed.) Western Rights, Eastern Applications. Kluver, Osiatynski, Wiktor "Back to Basics." Time, December 14, Individual and Human Right 8

9 Osiatynski, Wiktor. "Human Rights for the 21st Century." Saint Louis Warsaw Transatlantic Law Journal. Volume 2000: Osiatynski, Wiktor Beyond Rights. In Sajo, Andras (ed.) Abuse: The Dark Side of Fundamental Rights. Eleven International Publishing 2006: Osiatynski, Wiktor. Introduction to Re thinking Socio Economic Rights in an Insecure World. (Nsongurua Udombana and Violeta Besirevic (eds.) CEU Center for Human Rights, 2006: Osiatynski, Wiktor The Universality of Human Rights. (An English translation of the entry to the Italian Enciclopedia Dei Diritti Umani.) Fortcoming Perry, Michael J. The Idea of Human Rights. Four Inquiries. OxfordUniversity Press Pollis, Adamantia, and Peter Schwab (eds.) Human Rights. Cultural and Ideological Perspectives. Praeger Publishers Pollis, Adamantia. "Cultural Relativism Revisited: Through a State Prism." Human Rights Quarterly. Vol. 18 (1996): Pollis, Adamantia, and Peter Schwab (eds.) Human Rights. New Perspectives, New Realities. Rienner Publishers, Boulder/London Powers, Samantha, and Graham Allison (eds.) Realizing Human Rights. Moving From Inspiration to Impact. St. Martin s Press, New York Raz, Joseph The Morality of Freedom Rosas, Allan Democracy and Human Rights. In A. Rosas and Jan Helgesen (eds.) Human Rights in a Changing East West Perspective, 1990: Sajo, Andras (ed.) Western Rights, Eastern Applications. Kluver, Sajo, Andras Limiting Government. CEU Press Sajo, Andras (ed.) Abuse: The Dark Side of Fundamental Rights. Eleven International Publishing 2006: Schopflin, George "The Political Traditions of Eastern Europe." In Graubard, Stephen T. (ed.) Eastern Europe... Central Europe... Europe. Westview Press, 1991: Individual and Human Right 9

10 Shute, Stephen and Susan Hurley (eds.). On Human Rights: The Oxford Amnesty Lectures Basic Books, Steiner, Henry J., and Philip Alston International Human Rights in Context. Law. Politics, Morals. Clarendon Press Stahnke, Tad, and J. Paul Martin (eds.) Religion and Human Rights: Basic Documents. Center for the Study of Human Rights. Columbia University Taylor, Charles. Conditions of an unforced consensus on human rights. In Joanne R.Bauer and Daniel A. Bell (eds.). The East Asian Challenge for Human Rights. Cambridge University Press 1999: Twenty Four Human Rights Documents. Center for the Study of Human Rights. Columbia University. New York Udombana, Nsongurua, and Violeta Besirevic (eds.) Re thinking Socio Economic Rights in an Insecure World. CEU Center for Human Rights, Wilson, Richard Ashby (ed.) Human Rights in the War on Terror. Cambridge University Press Winston, Morton E. The Philosophy of Human Rights. Wadsworth Publishing Company Individual and Human Right 10