INTERNATIONAL HUMAN RIGHTS LAW CAS IR 306 Lecturer: Email: Kieran O Reilly, MA loughatorick@gmail.com Course Overview The purpose of this module is to examine and critique the history, development, structure and efficacy of the international human rights law framework. In this module students will investigate the legal framework of the United Nations and of regional systems with regard to the promotion and protection of human rights. Students will examine and critique human rights legal provisions and violations thereof as well as the remedies which are available. This module provides a platform of knowledge whereby students can evaluate and appraise international human rights legislation and norms. Learning Outcomes On completion of the course the student will be able to: Analyse the international human rights law system and regional human rights law systems; Evaluate regional and international legal mechanisms and procedures of human rights law enforcement and critically assess regional variations in approaches to human rights law; Appraise the nature and effectiveness of international human treaties, including the UN Convention on the Rights of the Child and the UN Convention on the Elimination of All Forms of Discrimination against Women; Critically assess specific areas of international human rights law with reference to relevant legal instruments and academic commentary; Design an international human rights law model instrument and provide a critical justification of the included provisions. Teaching Methodology Class time will be used for a combination of lectures, discussions and group exercises. Students will be called on to explain readings and concepts, to offer analysis of cases and topics, or to offer opinions. Students are responsible for understanding each reading assignment, even if it is not explicitly discussed in class. Assignments and Grading Further details on the assignments will be distributed during lectures and discussed. Opportunities for questions about and clarification of all the assignments will be given during the course. Your grade for the course will be based on your work as follows: 1
Attendance & Participation: 10% Presentation: 20% Essay: 40% Final Examination: 30% The case presentation will be given during one of the lectures. Students should pick a topic from the Lecture Outline that interests them. Each student will be assigned a specific day depending on the topic chosen. The presentation should last 20 minutes and students should submit a written summary of the presentation which will be graded, along with the presentation itself. Essay titles are distributed at the end of week two. The essay should be approximately 2,000 words long. Essay requirements will be distributed with the titles. For the exam you are required to answer two questions excluding the topic on which you did your essay. Required Texts one of the following (all available to purchase in Campus Bookstore) Smith, R., 2007, Textbook on Human Rights, 3rd, OUP, Oxford. Alston, P., Steiner, H. & Goodman, R., 2007, 3rd, International Human Rights in Context, OUP, Oxford. Supplementary reading (available to borrow from DCU Library) Baderin, M., 2005, International Human Rights and Islamic law, OUP, Oxford. Baderin, M. & McCorquodale, R., 2007, Economic, Social and Cultural Rights in Action, OUP, Oxford. Brownlie, I., & Goodwin-Gill, G., 2006, Basic Documents on Human Rights, 5th, OUP, Oxford. Clapham, A., 2006, Human Rights Obligations of Non-State Actors, OUP, Oxford. Donnelly, J., 2003, Universal Human Rights in Theory and Practice, Cornell University Press, Ithaca. Forsythe, D., 2006, Human Rights in International Relations, CUP, Cambridge. Ishay, M., 2004, The History of Human Rights, University of California Press, Berkeley. Nickel, J., 2007, Making Sense of Human Rights, Blackwell, MA. Plagiarism It is every student s responsibility to read the Boston University statement on plagiarism, which is available in the Academic Conduct Code. Students are advised that the penalty against students on a Boston University program for cheating on examinations or for plagiarism may be expulsion from the program or the University or such other penalty as may be recommended by the Committee on Student Academic Conduct, subject to approval by the Dean. Note: Students must retain an electronic copy of all essays submitted for assessment. Lecture Schedule 2
Date Lecture Title / Reading / Activity Reading list items marked with an * are journal articles and are available to download through the DCU Library website. Historical Development of International Human Rights The origins of international human rights discourse from historical, philosophical and legal perspectives. Reading: Burgers, J., 1992, The Road to San Francisco: The Revival of the Human Rights Idea in the Twentieth Century, Human Rights Quarterly, Vol. 14, No. 4 * Conventional and other sources of International Human Right Law How is international human rights law created? Reading: Smith, R., 2007, Chapter 1, pp. 1-34 Customary Law and Jus Cogens How can States make law informally? Reading: Simma, B. and Alston, P., 1988-89, The Sources of Human Rights Law: Custom, Jus Cogens, and General Principles, Australian Yearbook of International Law, Vol. 12* UN Charter Provisions on Human Rights The place of human rights in the Charter, & UN Human Rights Charter bodies; General Assembly, Security Council, International Court of Justice. Reading: Smith, R., 2007, Chapter 4, pp. 121-139 and Chapter 5, pp. 211-215 UN Human Rights Treaties How effective are UN human rights treaties? Reading: Smith, R., 2007, Chapter 6, pp. 233-297 Essay Titles Distributed. 3
UN Human Rights Treaty Bodies CAT, CEDAW, Human Rights Committee etc. Reading: Smith, R., 2007, Chapter 9, pp. 389-432 Women s Rights, CEDAW, Comfort Women, FGM Do women get adequate protection under international human rights law? Reading: Riddle, J., 2002-2003, Making CEDAW Universal, George Washington International Law Review, Vol. 34* Rights of the Child, CRC, Child Soldiers Do children get adequate protection under international human rights law? Reading: Quigley, J. 2003, U.S. Ratification of the Convention on the Rights of the Child, St. Louis University Public Law Review, Vol. 22* Field Trip: Front Line or The International Foundation for the Protection of Human Rights Defenders is an Irish-based human rights organization founded in Dublin in 2001 to protect human rights defenders at risk, i.e. those who work non-violently to uphold the human rights of others in the Universal Declaration of Human Rights. Rights of Minorities, definition of 'minority', protection of minorities under UN and regional human rights law What is the place of minorities in international human rights law? Reading: Eide, A., 1995, Minority Protection and Autonomy under International and Comparative Law, Sri Lanka Journal of International Law, Vol. 7* Field Trip: Amnesty International Ireland is the country s largest human rights organization with over 15,000 members and supporters. It is part of a global movement of more than 3.2 million people working in more than 150 countries around the world. Essay Submission Day. 4
Regional Human Rights Systems I - Inter-American, Council of Europe How are human rights principles and norms understood and implemented in the regions? Reading: Goldman, R., 2009, History and Action: The Inter-American Human Rights System and the Role of the Inter-American Commission on Human Rights, Human Rights Quarterly, Vol. 31, No. 4* Regional Human Rights Systems II African Union, Arab League & Islamic approaches. The debate on Cultural Relativism. A further examination of the variety of approaches to human rights law. Reading: Afshari, R., 1994, An Essay on Islamic Cultural Relativism in the Discourse of Human Rights, Human Rights Quarterly, Vol. 16, No. 2* Violations of International Human Right Law - Judicial and quasijudicial options, truth and reconciliations commissions, amnesties. Can victims of human rights violations get justice? Reading: Smith, R., 2007, Chapter 5, pp. 215-231 Final Examination 5