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
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
• 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
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
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…
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
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
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
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?
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
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?
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.
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
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.
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)