HUMR 5132 Human Rights Law in Context

1. HUMR 5132 Human Rights Law in Context Introduction to the course

2. Aims of the course The aim of this course is to provide students with the knowledge of different rights and an ability to assess them from different disciplinary perspectives. . . . Attention will also be devoted to potential and actual conflicts between different rights. • Deepen knowledge of the meaning and relevance of different substantive rights different rights different disciplinary perspectives potential and actual conflicts • Investigate the meaning and reception of these rights in different contexts, using different disciplinary perspectives • Identify key controversies in the different rights and potential conflicts between rights

3. Each right carries its own history, logic, context and application • Deepen knowledge of the meaning and relevance of different substantive rights But why study substantive rights? Deeper understanding of the potential conflicts between rights Knowing one right can provide better or new perspectives on others Evaluate debates over what should be in the catalogue of human rights • Identify key controversies in the different rights and potential conflicts between rights

4. Which rights? Different ways of grouping rights Fraternité Freedom of expression • Civil rights (torture, freedom of religion, enforced disappearances) Egalité Freedom of belief Liberté Freedom from want • Political rights (freedom of expression, democratic rights) A representative selection of rights that may Freedom from fear Knowing one right can provide better or new perspectives on others • Equality rights (gender, race, minorities, disabilities) • Socio-economic rights But we must make a selection • Collective rights (indigenous peoples) • Women’s/children’s rights The human rights circle • Cultural rights not covered (but see indigenous peoples, children)

5. If a question is mono-disciplinary, a single discipline can suffice different rights But… • Deepen knowledge of the meaning and relevance of different substantive rights But why a multi-disciplinary approach? The questions we face in theory and practice are not always divisible by disciplines different disciplinary perspectives The aim is not necessarily to master other disciplines but understand how they relate to different rights • Investigate the meaning and reception of these rights in different contexts, using different disciplinary perspectives We can enrich our perspectives within a discipline by looking at others potential and actual conflicts Controversies in one discipline may be resolved or made more clear in another • Identify key controversies in the different rights and potential conflicts between rights

6. Investigate the meaning and reception of these rights in different contexts, using different disciplinary perspectives Which disciplines? Descriptive Strategic Consequential Philosophy Law Social science Practice 40-50 %

7. Law in and of society HUMR 5132 Legal philosophy Legal sociology Legal history Human Rights How does law and legal institutions operate in a social, political, economic and ethical context? What is the ideal and actual «fit» of a law in its societal context? Law in Context Legal anthropology Law and economics International law and international relations Philosophy Law Social science Practice

8. Scope of application Content Impact/ importance What is a «right»? Remedies Duty- bearer(s) The Hohfeldian argument Legitimate limitations Rights-holders Correlative duties

9. Governments? Content Who decides on the content of rights? Parliaments? Courts? The public? Human rights activists?

10. Scope of application Content Impact/ importance What is a «right»? Remedies Duty- bearer(s) Legitimate limitations Rights-holders Correlative duties

11. Culture Impact/ importance Religion Financial limitations How to measure impact? Political considerations Security threats Values Priorities among rights

12. Scope of application Content Impact/ importance Some common tensions What is a «right»? Remedies Duty- bearer(s) vs. Negative rights/duties Positive rights/duties Minimalist Maximalist vs. Legitimate limitations Rights-holders Protest vs. Discourse Natural vs. Deliberative vs. Correlative duties Technocratic Political vs. Consequentialism/ utilitarianism vs. Deontology

13. Conflicts between rights Different types of conflicts Different ways to balance Absolutist: Rights as «trumps» Relativist: Rights as «priorities» Core rights Core of rights Individual vs. collective Right vs. right Negative vs. positive Proportionality Reasonableness

14. Assessment • 20per cent of the mark will be allocated to a debate performance. The aim of the debate is to test the ability of students to draw together what they have leant from a lecture in the course and present an argument on a controversial issue. Such skills are critical in both academic life and wider practice. • 80 per cent of the mark will be allocated towards the take home essay assignment. The aim of the essay is to test whether the aims of the course have been met and encourage independent research and thinking.

15. Debates The structure of the debate would be as follows: • 1. Each debate will consist of two students. They will be given a topic four days before the debate, which draws on a previous lecture. • 2. Each student will have 9 minutes each to present followed by 6 minutes of questions from fellow students and the study group leader. Each debater will have 3 minutes each to respond. • 3. The debate will be graded by the course leader, who will not participate in the debate. The students will be given a preliminary grade from A+ to F-. • 4. There will be three main principles in assessing the grade for the debate: (1) the ability of the student to draw on the four main method in the course - philosophy, law, social science and practice (2) the ability of the student to form a coherent and convincing argument while at the same time demonstrating credibility in dealing with opposing views and any questions and (3) presenting the argument in a understandable and clear manner. • 5. The grade from the debate will be taken into consideration when coming to final grade for the course, which will be primarily based on the essay assignment (80 per cent)