Human Rights and Poverty: Case Studies Fall 2012 Syllabus Tuesdays 8.00 9.50pm Room 618, 66 West 12 th St. Instructor: Sakiko Fukuda-Parr Office: Room 605 Email: fukudaps@newschool.edu Telephone: 212 206 3524 ex 2343 Office Hours: Mondays 4.30-5.30pm; Tuesdays 7 8pm or by appointment Course description: Human rights are more often than not associated with violations of civil and political freedoms such as torture or arbitrary detention. Yet according to Mary Robinson, and now Amnesty International, it is poverty that is the greatest human rights challenge facing the global community. A new field of human rights theory and practice has emerged: Human Rights Based Development. While widely adopted by NGOs as a discourse, mainstream development institutions and practitioners remain skeptical of this approach. Moreover, there are many conceptual controversies in this field are economic and social rights real rights? Are human rights a Western concept? Are human rights a weapon of North South politics? Is naming and shaming an effective tool? Why is there a gap between law and implementation? Can human rights be advanced only through the courts what is the role of social mobilization and legislation? The aim of this course is to develop a firm grounding in the conceptual foundations of human rights approach to analysis of poverty and insights into the nature of controversies. Each student will develop a case study that uses human rights as an analytical framework. This could range from: (i) evaluating a development outcome in a particular country or region including trends, causes and implications (e.g. hunger in India, health in Senegal.); (ii) evaluating a particularly national policy (e.g. educational reform in Peru, land reform in South Africa.); (iii) evaluating a particular international policy (TRIPS agreement and patented medicines, WTO Doha Round multilateral trade reforms,.); (iv) evaluating the realization of a particular right in a particular country (e.g. the right to housing in the US, the right to work in Spain ); or (v) evaluating a particular event (e.g. police abuse of street children in Sao Paolo, migrant domestic workers in the US,.) The course will structure the case study research through key steps that cover: Basic concepts and principles (Take home quiz); Defining rights and obligations in the case study (Assignment 1); Review of policy issues in the case study (Assignment 2); Exploring implications of the case study on theory and practice of human rights
based approach to development (Final paper); Drafting case study in two parts: description; analysis (Final paper). Through the case study process, the students are expected to develop an in-depth understanding of: (i) key principles of human rights as applied to development challenges; (ii) international legal standards and norms; (iii) current controversies about the practice of human rights; (iv) debates about the relevance of human rights approaches to poverty; and (v) critical policy choices in selected areas. The course will be structured around the development of each student s case study on a theme of his/her choice. Pre-requisites: The course is for students with some background in areas of human rights and international development studies, as well as a demonstrated ability to do independent research and writing. Selection of case study theme: To be able to devote much of the semester on the development of the case study, each student will need to decide on the choice of the case study theme early in the semester, by class 3. Students should come prepared with some options. Course requirements and grading: The course will be conducted as a seminar, in which student discussion will be an important part of the learning process. Grading will be based on four components. Take home quiz (10%): There will be a quiz early in the semester on human rights concepts and principles covered in the first classes of the course. Assignment 1: Note on case description (10%) Assignment 2: Note policy issues (10%) Classroom participation (20%): Participation is an essential part of this class. Only one absence will be excused. Subsequent absences will incur a grade penalty. You are expected to make presentations, comment on one another s work, and contribute to classroom discussions. Final case study (50%): paper in two parts: a description and an analysis. Communications: - Email: The class will communicate by the New School email address. The instructor will not use an alternative email. Please check your New School email account regularly. - Reading resources: Required readings and some supplementary materials will be accessible on the web or posted on the course blackboard Texts and website sources: Reference books on concepts and theory of human rights and development:
*Required for purchase: *Uvin, Peter. 2004. Human Rights and Development, Kumarian Press, Bloomfield, CT. Donnelly, Jack. 2006. Universal Human Rights: In Theory and Practice. (Third edition) Westview Press. Goodhart, Michael (2009). Human Rights: Politics and Practice, Oxford University Press. UNDP(2000). Human Development Report: Human Rights. Oxford University Press. Shue, Henry (1996). Basic Rights: Subsistence, Affluence and US Foreign Policy. (Second edition) Princeton University Press, Princeton. Hayden, Patrick (2001). The Philosophy of Human Rights. Paragon House. Susan Marks and Andrew Clapham, (2005). International Human Rights Lexicon, Oxford University Press, Oxford. And companion website: http://www.internationalhumanrightslexicon.org/contents.html Smith, Rhona, and Christien van den Anker (2006), The Essentials of Human Rights: everything you need to know about human rights. Useful websites sources: Harvard University School of Public Health Francois-Xavier Bagnoud Center for Health and Human Rights: http://www.harvardfxbcenter.org/ UN Office of the High Commissioner for Human Rights - OHCHR: http://ohchr.org/english/ Center for Economic and Social Rights http://cesr.org University of Connecticutt Economic Rights Working Papers http://humanrights.uconn.edu/research/economics/papers.php COURSE OUTLINE 1. AUG 28 Introduction to the course Overview of the course and what it intends to accomplish, how it is organized Requirements and expectations Case study ideas Introduction to the human rights approach to development, contrast with economic approach
Required readings Universal Declaration of Human Rights http://www.un.org/en/documents/udhr/ Paul Farmer (2005), Pathologies of Power: Health, Human Rights and the New War on the Poor Berkeley: University of California Press, chapters 1 and 9 Available from New School E Library http://site.ebrary.com/lib/newschool/docdetail.action?docid=10058550 Khan, Irene (Amnesty International) 2009. Chapter 1, The Unheard Truth: Poverty and Human Rights, New York: W.W. Norton & Co. Jeffrey Sachs (2005). The End of Poverty: Economic Possibilities for Our Time. Foreword (Bono), Penguin books. Chapters 1,3 2. SEPT 4 Human rights based development: the concept How do conceptions of development and human rights converge? Is poverty a violation of human rights? What is rights based development and how does it differ from other development paradigms/perspectives? Rights critique of conventional economic perspectives on poverty. Required readings: Uvin, (2004). chapters 2 Legal Challenges, 3 Basics, 6 A Rights- Based Approach to Development and chapter 7 Final Synthesis and Questions http://site.ebrary.com.libproxy.newschool.edu/lib/newschool/docdetail.actio n?docid=10141034&p00=human%20rights%20development Fukuda-Parr, Sakiko (2009). Human rights and politics of development chapter 10 in Goodhart, M. (ed) Human Rights: Politics and practice, Oxford University Press 2 nd edition forthcoming UNDP (2000), Human Development Report 2000: Human Rights and Human Development, Overview; Chapter 1 http://hdr.undp.org/en/reports/global/hdr2000/chapters/ OHCHR (2004). Human Rights and Poverty Reduction: A Conceptual Framework (New York and Geneva, United Nations, 2004), http://www2.ohchr.org/english/issues/poverty/docs/povertye.pdf UN/OHCHR (2008) Claiming the Millennium Development Goals: A Human Rights Approach. UN:Geneva, pp.1-15 (15pp.), http://www.ohchr.org/documents/publications/claiming_mdgs_en.pdf
Take home quiz on key human rights concepts/principles due next week 3. SEPT 11 HR framework for development policy analysis Deadline for final choice of case study. Assignment 1: case description written note to be submitted week 5 - Identify for your case, one paragraph each on: (i) background facts of the case; (ii) the rights holder and their rights rights; (iii) the duty bearer and their obligations; (iii) the rights holders; (v) what would constitute violation of rights in your case. Minimum 1000 words Required readings UN, International Covenant on Economic, Social and Cultural Rights (ICESCR) UN Committee on ICESCR, General Comment 3 on the International Covenant on Economic, Social and Cultural Rights http://www2.ohchr.org/english/bodies/cescr/comments.htm United Nations. The Maastricht Guidelines on Violations of Economic, Social and Cultlural Rights. Guidelines adopted at a workshop sponsored by the International Commission of Jurists, the Urban Morgan Institute for Human Rights and the Centre for Human rights of the Faculty of Law of Maastricht University, Maastrict, Netherlands, 22-26 January, 1997. UN doc. E/C.12/2000/13. New York: United Nations, 2000. http://www1.umn.edu/humanrts/instree/maastrichtguidelines_.html OHCHR A brief introduction to international human rights law terminology annex 3 of Human Rights: A Basic Handbook for UN Staff http://www.ohchr.org/documents/publications/hrhandbooken.pdf Required readings: examples of HR analysis of development policy: Balakrishnan, Radhika and Diane Elson 2008. Auditing Economic Policy in the Light of Obligations on Economic and Social Rights Essex Human Rights Review 5:1 Fukuda-Parr, Sakiko 2007, Human Rights and national poverty reduction strategies, Human Rights Institute, University of Connecticut Economic and Social Rights Working Papers http://www.econ.uconn.edu/working/2.pdf CESR website: OPERA procedure for monitoring socio-economic rights. Read web pages on monitoring http://www.cesr.org/section.php?id=179 and OPERA summary http://www.cesr.org/article.php?list=type&type=173
Additional resources Balakrishnan, Radhika, Diane Elson, and Rajeev Patel (2009) Rethinking Macroeconomic Policies from a Human Rights Perspective http://www.networkideas.org/featart/mar2009/mes2.pdf CESR 2012. The OPERA Framework. http://www.cesr.org/downloads/draft%20cesr%20paper_%20the%20opera%20f ramework.pdf 4. SEPT 18 Case development: Defining rights and obligations Student presentations from assignments due: define rights and obligations for the rights-holders and duty bearers in your case Required readings/ resources All following items are available from OHCHR website: http://www.ohchr.org/en/pages/welcomepage.aspx General comments on each of the relevant rights Reports of special rapporteurs Briefing notes from OHCHR AT 6PM Development Policy and Thought@The New School Seminar: What are the State Obligations to Realize the Righ to Food in a Market Economy Speakers Fukuda-Parr, de Schutter, Mahajan Vene: 72 5 th Ave. 3 rd floor No class Sept 23/Yom Kippur 5. OCT 2 Defining rights and obligations continued Student presentations Assignment 1 due Case discussions: literature review on socio- economic policy issues Assignment 2 Policy issues: Review the literature on the poverty/development issue relevant to your case. Identify alternative policies economic, social, governance which governments could pursue. Who has advocated for these policies, and how has the case has been made. Identify literature to explore further. A quick study needed imagine you are working for a consultancy firm and the client needs a quick review of key issues in a week. Submit a short note of about 1000 words, tightly written.
DUE WEEK 8) 6. OCT 9 Conceptual controversies: Are economic and social rights real rights? Required readings Roth, Kenneth (2004). Defending Economic, Social and Cultural Rights: Practical Issues Faced by an International Human Rights Organization. Human Rights Quarterly, 24:1. Sen, Amartya (2004) Elements of a Theory of Human Rights Philosophy and Public Affairs 34:4 Uvin (2004) chapter 2 assigned earlier. Supplementary readings Shue 1996. Basic Rights: Subsistence, Affluence and US Foreign Policy (Second edition) Princeton University Press. Section 1: Three Basic Rights (pp.11-65) Mathew Craven, The International Covenant on Economic, Social and Cultural Rights: A Perspective on its Development OHCHR, Frequently Asked Questions about Economic, Social and Cultural Rights http://www.ohchr.org/documents/publications/factsheet33en.pdf 7. OCT 16 Guest speaker: Human Rights Based Development in Practice Dan Seymour, UN Women No class on Oct 23 8. OCT 30 Human Rights and Social Change through the courts, streets or policy reform? Drèze, Jean 2005, Democracy and the Right to Food, in Alston and Robinson, eds Human Rights and Development Fukuda-Parr, Human Rights and Development in Kaushik Basu and Ravi Kanbur (eds) Social Welfare, Moral Philosophy and Development: Essays in Honour of Amartya Sen's Seventy Fifth Birthday Oxford: Oxford University Press. [earlier version available as University of Connecticut Human Rights Institute, Economic Rights Working paper 2007/4 http://ideas.repec.org/s/uct/ecriwp.html Mahajan, Manjari (forthcoming) The Right to Health as the Right to Treatment: Shifting Conceptions of Public Health, Social Research
Supplementary sources Gauri, Varun and Daniel Brinks (2008), Introduction: The Elements of Legalization and the Triangular shape of Social and Economic Rights, chapter 1, Courting Justice Gauri and Brinks, eds. Cambridge University Press Yamin, Allicia and Siri Gloppen eds (2011) chapter1, chapter 12 Litigating Health Rights: Can Courts Bring More Justice to Health, Harvard University Press 9. NOV 6 Presentations/ Discussion of literature reviews 10. NOV 13 Assignment 2 due Concepts and controversies: Cultural relativism? Are non-western values consistent with human rights principles? What are the arguments for and against Asian values? Are there trade offs between civil and political rights and economic and social rights? How do these apply these concepts to the contemporary struggles of the rights of indigenous people Required readings: Susan Marks and Andrew Clapham, International Human Rights Lexicon (New York: Oxford University Press, 2005), chapter: universality pp.385-398; Mutua, Makau. 2001. Savages, Victims and Saviors: The Metaphor of Human Rights Harvard International Law Review. Sen, Amartya 1997. Human Rights and Asian Values Carnegie Council on Ethics and International Affairs Kabeer, Naila. Globalisation, labour standards and women s rights: dilemmas of collective action in an interdependent world IDS Globalization and Poverty Research Programme http://www.gapresearch.org/production/globlabourwomen.pdf Supplemental readings Uvin, Peter 2004. Human Rights and Development, Kumarian Press, Bloomfield. chapter 4 read carefully to p.38 Li, Xiaorong. 2001. Asian Values and the Universality of Human Rights. Chapter 36 in Patrick Hayden, ed. The Philosophy of Human Rights
Donnelly, Part II Cultural Relativism and International Human Rights (chapters 4, 5, 6, 7) Cobbah, Josiah A. M. 1987. African Values and the Human Rights Debate: An African Perspective. Human Rights Quarterly Taylor, Charles. 2001. A World Consensus on Human Rights? chapter 37 in Hayden, ed. The Philosophy of Human Rights Donnelly, Jack. 2007. The Relative Universality of Human Rights Human Rights Quarterly, Vol 29. pp. 281-306 Lee Kwan Yew, 2001. Culture is Destiny. In Meijer, ed. Dealing with Human Rights: Asian and Western Views on the Value of Human Rights, Kumarian Press, Bloomfield, CT. Glendon, Mary Anne. 2001. A World Made New Chapter 12 Universality Under Siege Prasad, Ajnesh. 2004. Jack Donnelly s Universal Human Rights Theory and Practice Alternatives, Turkish Journal of International Relations vol 3, nr 2 & 3 11. NOV 16 FRI 6PM **MAKE UP CLASS DATE** Guest speaker: Professor Shareen Hertel, University of Connecticut Social Movements and the Politics of Right to Food Campaigns Required readings: Hertel, Shareen (2012) Social Movements and the Politis of Right to Food Campaigns: The Case of India. Paper presented at the University of Cape Town. Mimeo Randolph, Susan and Shareen Hertel, (2012) The Right to Food: A Global Overview http://ideas.repec.org/p/uct/ecriwp/20.html Fukuda-Parr, Sakiko (2012) The Right to Food in South Africa: Entitlements, Endowments and the Role of Economic and Social Policy, Issues note for a symposium on food security, University of Cape Town, May 30-31 2012 (mimeo) http://www.serfindex.org/wp-content/uploads/2012/07/fukuda-parr-policy-issuesmay-2012.pdf OHCHR and FAO (n.d.) Right to Food Fact Sheet nr. 34 http://www.srfood.org/images/stories/pdf/otherdocuments/factsheet34en1.pdf 12. Nov 20: No class (NS follows Wed. schedule) but students to make individual
appointments with Professor Fukuda-Parr to discuss their cases. 13. Nov 27: Human rights and Economic Policy Guest speaker: Niko Lusiani, Centre for Economic, Social and Cultural Rights Using human rights as a framework for evaluating economic policies and contrasts with conventional frameworks Elson, Diane (2006). Budgeting for Women s Rights: Monitoring Government Budgets for Compliance with CEDAW http://www.unifem.org/materials/item_detail.php?productid=44 Other readings will be assigned. 14. DEC 4: No session but students may make individual appointments 15. DEC 11: Final session: student presentations/round table discussions on human rights and poverty FINAL CASE STUDY DUE DECEMBER 18. PLEASE EMAIL AN ELECTRONIC COPY IN WORD.