Hayes Introduction To Human Rights

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Introduction to Human Rights: ICSS 332

Term 2, 2011
Course Guide.
Mahidol University International College

Course Name: Introduction to Human Rights

Lecturer: Dr Mike Hayes


email: mhayesbkk@gmail.com
frmgh@mahidol.ac.th

Class times: Monday and Wednesday 2.00 - 4.00

Assessment:
UDHR test 10%
Case Study Presentation on HR Issue (Groups) 20%
HR Violations test 30%
Country case study 40%

Information on the Assessment is on Page 5

General Aims.
This course will outline the major historical, philosophical, legal and institutional contexts of
Human Rights. It examines how Human Rights are formulated in the key instruments, and the
key elements of the various rights, such as women’s, children’s and migrant worker’s rights.
The course is intended as an introduction to the basic social, legal, and political issues, and
how they work in a global context. The course will examine the implementation of Human
Rights in Asia, and focus specifically on the issues relevant to Asia.

Teaching Objectives.
At the completion of the course the student will be able to:
 Describe the historical formation and philosophical rationale of Human Rights
 Detail the contents of the major Human Rights instruments
 Understand the role of advocacy and education in the dissemination of human rights
 Explain major contemporary debates on Human Rights
 Outline Human Rights issues of current importance in South East and East Asia
 Describe protection of human rights by the United Nations, and Human Rights
organizations such as Amnesty, and Human Rights Watch.

Reading Text: Most of the reading for this course will come from one CD. On it are two
books and the articles you will need for the course:
Magdalena Sepúlveda et al. Human Rights Reference Book. Costa Rica: University for Peace,
2004
Magdalena Sepúlveda et al. Human Rights Instruments. Costa Rica: University for Peace,
2004

Grades:
A 90-100% C 65-74%
B+ 85-89% D+ 60-64%
B 80-84% D 50-59%
C+ 75-79% Fail 0-49%

1 Course outline: International Relations


MUIC, 2011
Summary Schedule

Week Date Topic


No.
1 10 Jan. Introduction to Human Rights: Major Concepts
12 Jan. Historical, Philosophical, Political Concepts
2 17 Jan. Basic Human Rights Instruments: UDHR,
19 Jan. Human Rights exercises
3 24 Jan. Basic Human Rights Standards: ICCPR
26 Jan. Basic Human Rights Instruments ICESCR: UDHR test (10%)
4 31 Jan. International Law
2 Feb. Protection Mechanisms: UN, Regional, National
5 7 Feb. Individual Complaints to the United Nations
9 Feb. Women and Human Rights: HR Violations Test
6 14 Feb. Children and Human Rights
16 Feb. Torture and Disappearances
7 21 Feb. Human Rights in times of Conflict
23 Feb. ICC: Individual Criminal Responsibility
8 28 Feb. FOE: Art. 19 HR Violations Test Due
2 Mar. Migrant issues: Refugees, IDPs
9 7 Mar. Migrant issues: Trafficking
9 Mar. Migrant issues: Migrant Workers Rights
10 14 Mar. Right to Development; rights based development
16 Mar. Indigenous and Minority Rights
11 21 Mar. New Treaties: Disabilities and Sexuality
21 Mar. Presentations

Course Outline
1. Introduction: Major Historical and Philosophical Concepts.
Reading: Magdalena Sepúlveda et al. PART ONE: Chapter 1: “Definitions and
Classifications. ”Human Rights Reference Book. Costa Rica: University
for Peace, 2004.
Read:

Manfred Novak. Ch 2 “History of Human Rights.” Introduction to the


International Human Rights Regime. Boston: Martinus, 2004. 9-30.

Topics: Course introduction


Historical development of rights
Human Rights in Enlightenment Europe
Central philosophical concepts of rights, duties, obligations, and claims

2 & 3. Major Human Rights Instruments


Reading: Manfred Novak. Ch 4 “United Nations.” Introduction to the International
Human Rights Regime. Boston: Martinus, 2004. 73-96.

UDHR: Universal Declaration of Human Rights


ICCPR: International Covenant of Civil and Political Rights
ICESCR: International Covenant of Economic, Social and Cultural Rights

Topics: Details of the key Human Rights instruments


History of the drafting of the instruments
Terminology and Elements of Specific Rights

2 Course outline: Introduction to Human Rights


Semester 2 2011
4.1 Human Rights in International Law
Reading: Javaid Rehman. Ch 1. “International Law and Human Rights.”
International Human Rights Law: A Practical Approach. London:
Longman, 2003. 13-24.

Topics: Where does international law come from?


How international law works
Place of human rights in international law

4.2 Human Rights Protection Mechanisms Systems


Reading: International Service for Human Rights. “A Simple Guide to the Treaty
Bodies.” Geneva: ISHR, n.d.

Topics: Role of the UN, HCHR, Security Council in Human Rights


Human Rights protection mechanisms at the UN
Treaty and Charter Bodies
Regional systems

5.2 Women’s Rights


Reading: Partners for Law in Development. CEDAW: Restoring Rights to Women.
New Delhi: PLD, 2004

Convention on the Elimination of All forms of Discrimination Against


Women

[Also in the electronic materials look over: Magdalena Sepúlveda et al.


Read: PART FOUR: Chapter 1: “Women and Girls”]

Topics: History of Women’s Rights


Gender based Violence
Culture, gender and rights
Reproductive rights
Women’s rights in South Asia and Middle East

6.1 Children and Human Rights


Reading: Convention on the Rights of the Child

Magdalena Sepúlveda et al. PART FOUR: Chapter 2: “Children”

Topics: History of Children’s Rights


Special Rights of children
Violating children’s rights: labour, trafficking, and child soldiers

6.2 Torture
Reading: Malcolm Evans. ‘Getting to Grips with Torture.’ International and
Comparative Law Quarterly, 51 (2002): 365 – 383.

Topics: Definitions of torture


Torture and the justice system
Arguments for torture: the ticking bomb
USA and the new torture regimes

7.1 Human Rights in times of Conflict

3 Course outline: Introduction to Human Rights


Semester 2 2011
Reading: “FAQs on IHL, HR and Refugee law in the context of armed conflict.”
Inter Agency Standing Committee Task Force on Humanitarian Action and
Human Rights.

Topics: What is International Humanitarian law?


Four Geneva Conventions
Current Issues: defining non combatants,
Protection of vulnerable people

7.2 International Criminal Court (ICC) and Individual criminal responsibility


Reading: Human Rights Correspondence School: “The International Criminal
Court.”

“Rome Statue of the International Criminal Court: Questions and


Answers” http://www.un.org/law/icc/statute/iccq&a.htm. United Nations,
1998.

Lecture Topics: International Criminal Law


Definition of war crimes, crimes against humanity, and genocide
The jurisdiction of the ICC
Types of crimes: from the Khmer Rouge to Congo
Political controversies around the ICC

8.1 Freedom of Expression and Assembly


Reading: Magdalena Sepúlveda et al.
Read: PART THREE: Chapter 2: “The rights to freedom of expression
and religion

Topics: Standards on FOE


Context of FOE in cases in Thailand
The media and FOE
Social moral, health, national security

8.2 Migration Issues: Refugees and IDPS


Reading: Joan Fitzpatrick. “The Human Rights of Refugees Asylum Seekers, and
Internally Displaced People: A Basic Introduction.” Joan Fitzpatrick.
Human Rights Protection for Refugees Asylum Seekers, and Internally
Displaced People. New York: Transnational, 2002
[Also in the electronic materials look over: Magdalena Sepúlveda et al.
PART FOUR: Chapter 3: “Refugees”]

Topics: Refugee conventions


Global population movements and Human trafficking
Internally displaced people
State obligations and duties

9.1 Migration Issues: Trafficking


Reading: UN Office on Drugs and Crime. Toolkit to Combat Trafficking in
Persons. Global Programme Against Trafficking in Human Beings.
New York 2006.

Topics: Definition of trafficking and smuggling


Trafficking routes

4 Course outline: Introduction to Human Rights


Semester 2 2011
Trafficking and crime
International legal and organizational approaches

9.2 Migration Issues: Migrant Workers


Reading: “UN Fact Sheet: The Rights of Migrant Workers.” Fact Sheet 24.rev 1.
[Also in the electronic materials look over: Magdalena Sepúlveda et al.
PART FOUR: Chapter 8: “Migrant Workers”]

Topics: Emergence of Migrant Workers as a Human Rights Issue


Migrant Workers in Thailand
Violations faced by Migrant Workers

10.1 Right to Development


Reading: Arjun Sengupta. “On the Theory and Practice of the Right to
Development.” Human Rights Quarterly 24 (2002): 837-889.
[Also in the electronic materials look over: Magdalena Sepúlveda et al.
PART FIVE: Chapter 1: “Human Rights and Development”]

Topics: How Right to Development was incorporated


Violations through development
Rights Based Approach to Development

10.2 Indigenous and Minority Rights


Reading: Magdalena Sepúlveda et al.
PART FOUR: Chapter 7: “Indigenous Groups”

Topics: Substantive rights of indigenous and minority groups


Problems of definition of indigenous and minority
Political aspects of minority rights

11.1 New Treaties: Disability and Sexuality,


Reading: AIFO. Training Manual on the Human Rights of Persons with
Disabilities. Edited by Giampiero Griffo and Francesca Ortali.
Ulaanbator, 2007.

Douglas Sanders. “Sexual orientation, gender identity, gender expression,


intersexuality.” Routledge Encyclopedia of Human Rights. [2008]
Also in the electronic materials look over: Magdalena Sepúlveda et al.
PART FOUR: Chapter 9: “Disabled People”]

Topics: Substantive rights for disabled people


Controversies for disabled people
Concepts of universal design and reasonable accommodation

Assessment
UDHR test 10%
Test on the articles of the UDHR

HR Violations test
Received: 9 Feb
Due: 28 February 20%
Take home test on determining violations in specific case studies

5 Course outline: Introduction to Human Rights


Semester 2 2011
Case Study Presentation on HR Issue (Groups) 30%
As a group of 3-5, students will have the opportunity to research and present on one specific
topic which interests them. The students will prepare a presentation and paper on a specific
human rights issue. Potential case studies are listed below. The students may choose their
own case study, but this must be approved by the lecturer.

Child Soldiers Migrant workers


Trafficking Stateless Children
Domestic Violence Honour Killings
Dowry Death Penalty
Gay, Lesbian, Transgender Rights Torture
Media freedom Thematic or country case study

Rules about the presentation:


• You should do a power-point and hand in the print copy of the slides
• You are not allowed to read out the slides – you will be stopped if you do this
• Do not cut and paste the contents of the slides from wikipeida etc – write the slides
yourself
• Learn how to pronounce the names of people/places on the slide
• Not everyone has to talk – you can have one or two presenters
• You cannot present for longer than 20 minutes
• You are expected to answer questions from the class

The presentation must cover:


1. What are the current events of the particular violation?
2. Describe some actual violations that have occurred.
3. What is being done to address his problem?

Country case study (2,000 words) 40%


An individual paper will be completed which assesses one country’s human rights record. Any
country can be selected. The study does not need to cover all the human rights issues, but it
should consider what are the most pressing human rights issues, and how the country has
responded to human rights criticisms. The paper must:
• Have a bibliography showing what research you have done
• Be in an essay form
• Detail what are the most pressing human rights concerns
• Detail the treaties which the country has agreed to
• Outline some common criticisms of the human rights record of that country
• Outline United nations responses to the human rights record of the county

6 Course outline: Introduction to Human Rights


Semester 2 2011

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