Makalah

Training Metode Pendekatan

Pengajaran, Penelitian, Penulisan Disertasi dan Pencarian Bahan Hukum HAM Bagi Dosen-Dosen Hukum HAM
Yogyakarta, 12 - 13 Maret 2009

Teaching methodologies
Dr. Rhona K.M. Smith (Professor of International Human Rights, Universitas Northumbria, Inggris)

Teaching methodologies
Rhona Smith

Issues to consider
What do you want the students to learn?
What do they already know?

What restrictions are there?

Materials available Time available Number of students

How are you going to examine them?

Skills to be developed

Sample lecture
Practical application of human rights One method to teach a large group problem based learning? Object? To ensure students can use human rights in the future (after university).

Issues to consider
What do you want the students to learn?
How to identify human rights issues and apply international human rights law

What restrictions are there?

Students have access to the internet There are 100 students in the class

How are you going to examine them?

They will undertake a problem based essay

Identifying human rights issues

Prof Rhona Smith

Case of Bella
Bella is 16 years old. She is married with two children and also looks after her sister as her parents both died. Her sister, Jojo, is 8 years old. She stops going to school and starts to beg and is arrested by social police and disappears. Bellas baby drinks contaminated water and dies from chronic diarrhoea.

 Identify each key issue

Which right or freedom could it be?

Is it in a treaty?
Which treaty?

Does it apply?
Is the State bound by the treaty (reservations, derogations etc)? Is there national law?

What does the rights/freedom mean?

Is there a general comment? Is it mentioned in state reports? Is there jurisprudence UN or regional?

Case of Bella
Bella is 16 years old. She is married with two children and also looks after her sister as her parents both died. Her sister, Jojo, is 8 years old. She stops going to school and starts to beg and is arrested by social police and disappears. Bellas baby drinks contaminated water and dies from chronic diarrhoea.

Marriage and family - age

Marriage age
Right to marry and found a family Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (GA Res. 1763 A (XVII) of 7 November 1962)

Two children
Age for children? UN Convention on the Rights of the Child

Case of Bella
Bella is 16 years old. She is married with two children and also looks after her sister as her parents both died. Her sister, Jojo, is 8 years old. She stops going to school and starts to beg and is arrested by social police and disappears. Bellas baby drinks contaminated water and dies from chronic diarrhoea.

Right to education.
Should an 8 year old be in school?
Compulsory free education for initial stages.

UN CRC Articles 28-29 ICESCR Articles 13+14 What if education or eat?

Special Rapporteur reports, NGOs etc

ECOSOC rights
Right to health, right to food, social security
Which treaty? Which articles?

Office of the High Commissioner for Human Rights global food crisis Special rapporteur on the right to food UN Development report and indicators Millennium Developments Goals

Case of Bella
Bella is 16 years old. She is married with two children and also looks after her sister as her parents both died. Her sister, Jojo, is 8 years old. She stops going to school and starts to beg and is arrested by social police and disappears. Bellas baby drinks contaminated water and dies from chronic diarrhoea.

Specific provisions on juveniles

UN Convention on the Rights of the Child UN Rules for the protection of Juveniles deprived of their liberty (Gen Assembly) UN Standard Minimum Rules for the administration of Juvenile Justice (Beijing Rules) Guidelines for action on Children in the Criminal Justice system (ECOSOC) UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh guidelines)

Is it a criminal act and arrest?

Under eighteen years of age (CRC)
Rules on juvenile justice Article 40

Age of criminal responsibility?

Beijing rules: not too low an age, bearing rules in mind emotional, mental and intellectual maturity (para 4.1) Human rights instruments do not specify age of criminal responsibility

UN CRC Indonesias 2nd periodic report UN Doc CRC/C/15/Add.223

(2004)

77.The Committee reiterates its serious concern that the minimum age of criminal responsibility, set at eight years, is too low. 78.The Committee recommends that the State party: (a) Raise the minimum age of criminal responsibility to an internationally acceptable level (SEE ALSO UPR 2008 age 12)

T & V v UK, Applications 24724/94 and 24888/94, European Court of Human Rights

Prevent recidivism/ promote social rehabilitation (ECOSOC para 15)

Avoid recourse to criminal justice system for young persons Informal resolution mediation and restorative justice practices Family should be involved if that helps support child Closed institutions used as last resort and for as short a time as possible (18)

Case of Bella
Bella is 16 years old. She is married with two children and also looks after her sister as her parents both died. Her sister, Jojo, is 8 years old. She stops going to school and starts to beg and is arrested by social police and disappears. Bellas baby drinks contaminated water and dies from chronic diarrhoea.

Convention on the Rights of a Child ICESCR ECOSOC rights

Right to clean water is it in a treaty?
Treaty bodies may help what area of rights? Right to health? Adequate standard of living?

Early childhood - GENERAL COMMENT No. 7

(2005) CRC (UN Doc. CRC/C/GC/7/Rev.1)

Guidelines
1. Try to identify possible rights 2. Work out which treaties apply 3. Check which treaties the state has ratified 4. Establish content of right
Treaty Concluding observations Jurisprudence General comments

5. Conclude on whether a violation of right