HU921-7-AU-CO:
Contemporary Issues in Human Rights and Cultural Diversity
2020/21
Human Rights Centre (Essex Law School)
Colchester Campus
Autumn
Postgraduate: Level 7
Current
Thursday 08 October 2020
Friday 18 December 2020
15
15 September 2020
Requisites for this module
(none)
(none)
(none)
(none)
(none)
The module provides a comprehensive education in a range of foundational and applied issues arising out of the complex and sometimes, conflictual relationship between human rights and cultural diversity. It is taught a single academic term. The module is multidisciplinary with contributing lecturers coming from several academic disciplines.
No information available.
Satisfactory attendance of and participation in the teaching components of HU921 should enable all students to achieve the following:
• Gain satisfactory knowledge and understanding of the normative foundations of human rights.
• Gain satisfactory knowledge and understanding of specific critical perspectives upon human rights from the perspective of cultural diversity.
• Gain satisfactory knowledge and understanding of the rights of minorities, including indigenous peoples, ethnic minorities, sexual minorities and the like.
• Gain an understanding of the complex relationship between respecting human rights principles and respecting various cultural communities.
• Gain a satisfactory knowledge and understanding of the relationship between religion and human rights.
• Gain a satisfactory knowledge and understanding of core legal mechanisms for the protection of cultural rights.
• Acquire an intellectual framework within which to situate and understand a range of contemporary debates and controversies within this area of study and practice.
Indicative syllabus
Week Two: Introduction to Human Rights & Cultural Diversity (Dr Andrew Fagan)
Week Three: The Value of Cultural Belonging – a Right to Cultural Identity? (Dr Andrew Fagan)
Week Four: Collective Rights and Minority Rights (Prof. Geoff Gilbert)
Week Five: Regional and Sub-Regional Systems for the Protection of Human Rights (Dr Gus Waschefort)
Week Six: Reading Week
Week Seven: Regional Systems & the Protection of Human Rights: Case Study – Inter-American System (Prof. Clara Sandoval)
Week Eight: Religion, Diversity and Human Rights (Dr Ahmed Shaheed)
Week Nine: Human Rights and Gender (Dr Roisin Ryan-Flood)
Week Ten: Indigenous Peoples and Human Rights (Prof Colin Samson)
Week Eleven: Human Rights and the European Post-Colonial Legacy (Dr Andrew Fagan)
This consists of weekly two 25-minute (approx.) recorded lectures and a weekly one-hour tutorial.
- Fagan, Andrew. (2017) Human rights and cultural diversity: core Issues and cases, Edinburgh: Edinburgh University Press.
- Viljoen, Frans. (2001) 'Africa’s contribution to the development of international human rights and humanitarian law', in African Human Rights Law Journal. vol. 1 (1) , pp.18-39
- Fanon, Frantz; Philcox, Richard. (2004) The wretched of the earth, New York: Grove Press.
- Sunder, Madhavi. (2001-12) 'Cultural Dissent', in Stanford Law Review. vol. 54 (3) , pp.495-
- Witte, John; Green, M. Christian. (2012) Religion and human rights: an introduction, New York: Oxford University Press.
- (November 19, 2004) Case of the Plan de Sánchez Massacre v. Guatemala: Inter-American Court of Human Rights.
- Bowden, Brett. (2005) 'The Colonial Origins of International Law - European Expansion and the Classical Standard of Civilization', in Journal of the History of International Law. vol. 7 (1) , pp.1-24
- Freeman, Michael. (2013) 'Universalism of human rights and cultural diversity', in Routledge handbook of international human rights law, Abingdon: Routledge., pp.49-62
- Cavallaro, James L.; Vargas, Claret; Sandoval, Clara; Duhaime, Bernard. (2019) 'The Future of the Inter-American Human Rights System', in Doctrine, Practice, and Advocacy in the Inter-American Human Rights System, Oxford: Oxford University Press USA - OSO., pp.879-924
- Çali, Basak. (2018) 'Regional Protection', in International human rights law, Oxford: Oxford University Press., pp.411-424
- Fagan, Andrew. (2017) Human rights and cultural diversity: core issues and cases, Edinburgh: Edinburgh University Press.
- (11 April 1980) Report on the Situation of Human Rights in Argentina: Inter-American Commission on Human Rights.
- Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women “Convention of Belem do Para”, http://www.cidh.oas.org/Basicos/English/basic13.Conv of Belem Do Para.htm
- Avishai Margalit; Halbertal, Moshe. (2004) 'Liberalism and the Right to Culture', in Social Research: The Johns Hopkins University Press. vol. 71, pp.529-548
- Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights "Protocol of San Salvador", https://www.oas.org/juridico/english/treaties/a-52.html
- Keal, Paul. (2003) 'Dispossession and the Purposes of International Law', in European conquest and the rights of indigenous peoples: the moral backwardness of international society, Cambridge: Cambridge University Press. vol. 92
- Hampson, Françoise; Martin, Claudia; Viljoen, Frans. (2018) 'Inaccessible apexes: Comparing access to regional human rights courts and commissions in Europe, the Americas, and Africa', in International Journal of Constitutional Law. vol. 16 (1) , pp.161-186
- Nigel S. Rodley. (1995) 'Conceptual Problems in the Protection of Minorities - International Legal Developments', in Human Rights Quarterly: The Johns Hopkins University Press. vol. 17, pp.48-71
- American Convention on Human Rights (Adopted at the Inter-American Specialized Conference on Human Rights, San José, Costa Rica, 22 November 1969), http://www.cidh.oas.org/Basicos/English/Basic3.American Convention.htm
- Padwell, C. (2011) 'The Limits of Cross-Cultural Analogy: Muslim Veiling and “Western” Fashion and Beauty Practices', in New femininities: postfeminism, neoliberalism and subjectivity, Basingstoke: Palgrave Macmillan.
- Griffin, James. (2008) On human rights, Oxford: Oxford University Press.
- Bader, Veit. (2014) 'Free Speech or Non-discrimination as Trump? Reflections on Contextualised Reasonable Balancing and Its Limits', in Journal of Ethnic and Migration Studies. vol. 40 (2) , pp.320-338
- Margalit, Avishai; Raz, Joseph. (1990) 'National Self-determination', in Journal of Philosophy. vol. 87 (9) , pp.439-461
- American Declaration of the Rights and Duties of Man (Adopted by the Ninth International Conference of American States, Bogotá, Colombia, 1948), http://www.cidh.oas.org/Basicos/English/Basic2.American Declaration.htm
- Gilbert, G. (2008) 'The cultural and political autonomy of minorities', in L'Observatuer des Nations Unies. vol. 23, pp.225-250
- OAS - Organization of American States: Democracy for peace, security, and development, https://www.oas.org/en/iachr/
- Macini, Susanna; Rosenfeld, Michel. (2012) 'Unveiling the Limits of Tolerance', in Law, state and religion in the new Europe: debates and dilemmas, Cambridge: Cambridge University Press., pp.160-191
- Universal Declaration on Cultural Diversity, http://portal.unesco.org/en/ev.php-URL_ID=13179&URL_DO=DO_TOPIC&URL_SECTION=201.html
- Champagne, Duane. (2013) 'UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples): Human, Civil, and Indigenous Rights', in Wicazo Sa Review. vol. 28 (1) , pp.9-
- Scolnicov, Anat. (2011) 'Women and Religious Freedom', in The right to religious freedom in international law: between group rights and individual rights, New York: Routledge., pp.126-149
- (7 December 2018) Recognition of the Rights of LGBTI Persons: Inter-American Commission on Human Rights.
- Gray, John. (1995) 'Enlightenment's Wake', in Enlightenment's wake: politics and culture at the close of the modern age, London: Routledge., pp.215-276
- Shaheed, Ahmed. (28 February 2018) State-Religion Relationships and their Impact on Freedom of Religion or Belief, Report of the UN Special Rapporteur on Freedom of Religion or Belief.
- Sandoval, Clara. (2013) 'The Inter-American System and Approach', in Routledge handbook of international human rights law, Abingdon, Oxon: Routledge., pp.427-444
- Phillips, Anne. (2010) 'When culture means gender: issues of cultural defence in the English courts', in Gender and culture, Cambridge: Polity., pp.83-106
The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
MidTerm |
|
20% |
| Coursework |
HU921 Summative Essay |
|
80% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Andrew Fagan, email: fagaaw@essex.ac.uk.
Dr Andrew Fagan & various academics
lawpgtadmin@essex.ac.uk
Yes
No
No
Dr Thomas Pegram
University College London
Associate Professor
Available via Moodle
Of 560 hours, 0 (0%) hours available to students:
560 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
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