humr 5132 human rights law in context introduction to the course

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HUMR 5132 Human Rights Law in Context Introduction to the course

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

HUMR 5132 Human Rights Law in Context

Introduction to the course

Page 2: HUMR 5132 Human Rights Law in Context Introduction to the course

potential and actual conflicts

different disciplinary perspectives

different rights

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

• 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

Page 3: HUMR 5132 Human Rights Law in Context Introduction to the course

• Deepen knowledge of the meaning and relevance of different substantive rights

But why study

substantive rights?

Evaluate debates over what should be in the

catalogue of human rights

Deeper understanding of the potential conflicts

between rights

Each right carries its own history, logic, context

and application

Knowing one right can provide better or new perspectives on others

• Identify key controversies in the different rights and potential conflicts between rights

Page 4: HUMR 5132 Human Rights Law in Context Introduction to the course

Knowing one right can provide better or new perspectives on others

But we must make a selection

Which rights?

• Civil rights (torture, freedom of religion, enforced disappearances)

• Political rights (freedom of expression, democratic rights)

• Equality rights (gender, race, minorities, disabilities)

• Socio-economic rights

• Collective rights (indigenous peoples)

• Women’s/children’s rights

• Cultural rights not covered (but see indigenous peoples, children)

A representative selection of rights that may

Different ways of grouping rights

FraternitéFraternité

EgalitéEgalité

LibertéLiberté

Freedom of expressionFreedom of expression

Freedom of beliefFreedom of belief

Freedom from wantFreedom from want

Freedom from fearFreedom from fear

The human rights circleThe human rights circle

Page 5: HUMR 5132 Human Rights Law in Context Introduction to the course

potential and actual conflicts

different disciplinary perspectives

different rights

• Deepen knowledge of the meaning and relevance of different substantive rights

• 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

But why a multi-

disciplinary approach?

If a question is mono-disciplinary, a single discipline

can suffice

The questions we face in theory and practice are not

always divisible by disciplines

We can enrich our perspectives within a

discipline by looking at others

Controversies in one discipline may be resolved or made more clear in another

The aim is not necessarily to master other disciplines but understand how they relate to different rights

But…

Page 6: HUMR 5132 Human Rights Law in Context Introduction to the course

DescriptiveDescriptiveConsequentialConsequential

• Investigate the meaning and reception of these rights in different contexts, using different disciplinary perspectives

Which disciplines?

PhilosophyPhilosophy

StrategicStrategic

LawLaw Social scienceSocial science

40-50 %40-50 %

PracticePractice

Page 7: HUMR 5132 Human Rights Law in Context Introduction to the course

PhilosophyPhilosophy LawLaw Social scienceSocial science PracticePractice

HUMR 5132 Human Rights Law in Context

Law in and of society

What is the ideal and actual «fit» of a law in its

societal context?

How does law and legal institutions operate in a

social, political, economic and ethical context?

Legal philosophyLegal philosophy

Legal anthropologyLegal anthropology

Legal sociologyLegal sociology

Law and economicsLaw and economics

Legal historyLegal history

International law and international relationsInternational law and international relations

Page 8: HUMR 5132 Human Rights Law in Context Introduction to the course

What is a «right»?What is a «right»?

ContentContent

Rights-holdersRights-holders

Impact/importance

Impact/importance

RemediesRemedies Duty- bearer(s)

Duty- bearer(s)

Scope of application

Scope of application

Correlative duties

Correlative duties

Legitimate limitationsLegitimate limitations

The Hohfeldian argument

The Hohfeldian argument

Page 9: HUMR 5132 Human Rights Law in Context Introduction to the course

ContentContent

Who decides on the content

of rights?

Who decides on the content

of rights?

Governments?

Governments?

Parliaments?Parliaments?

Courts?Courts?

The public?The public?

Human rights activists?

Human rights activists?

Page 10: HUMR 5132 Human Rights Law in Context Introduction to the course

What is a «right»?What is a «right»?

ContentContent

Rights-holdersRights-holders

Impact/importance

Impact/importance

RemediesRemedies Duty- bearer(s)

Duty- bearer(s)

Scope of application

Scope of application

Correlative duties

Correlative duties

Legitimate limitationsLegitimate limitations

Page 11: HUMR 5132 Human Rights Law in Context Introduction to the course

Impact/importance

Impact/importance

CultureCulture

ReligionReligion

Political considerations

Political considerations

Financial limitationsFinancial

limitations

Priorities among rights

Priorities among rights

ValuesValues

Security threatsSecurity threats

How to measure impact?

How to measure impact?

Page 12: HUMR 5132 Human Rights Law in Context Introduction to the course

What is a «right»?What is a «right»?

ContentContent

Rights-holdersRights-holders

Impact/importance

Impact/importance

RemediesRemedies Duty- bearer(s)

Duty- bearer(s)

Scope of application

Scope of application

Correlative duties

Correlative duties

Legitimate limitationsLegitimate limitations

Some common tensions

Some common tensions

Negative rights/duties Positive rights/dutiesvs.

vs.

vs.

vs.

vs.Minimalist

Natural

Technocratic

Consequentialism/ utilitarianism Deontology

Political

Deliberative

Maximalist

Protest Discoursevs.vs.

Page 13: HUMR 5132 Human Rights Law in Context Introduction to the course

Conflicts between

rights

Conflicts between

rights

Absolutist: Rights as «trumps»

Absolutist: Rights as «trumps»

Relativist: Rights as «priorities»

Relativist: Rights as «priorities»

Different types of conflicts

Different types of conflicts

Right vs. right

Right vs. right

Individual vs.

collective

Individual vs.

collective

Negative vs.

positive

Negative vs.

positive

Different ways to balance

Different ways to balance

Core rightsCore rights

Core of rightsCore of rights

ProportionalityProportionality

ReasonablenessReasonableness

Page 14: HUMR 5132 Human Rights Law in Context Introduction to the course

Assessment

• 20 per 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.

Page 15: HUMR 5132 Human Rights Law in Context Introduction to the course

DebatesThe 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)