LW901-7-AU-CO:
International Human Rights Law: Law and Practice
2020/21
Essex Law School
Colchester Campus
Autumn
Postgraduate: Level 7
Current
Thursday 08 October 2020
Friday 18 December 2020
15
27 October 2020
Requisites for this module
(none)
(none)
(none)
(none)
(none)
This shortened (i.e. one-term) version of LW901 will provide MA students with the necessary background to take additional LW modules as options for their MA degree.
The module provides an overview of the differences and similarities between civil and political rights on the one hand and economic, social, and cultural rights on the other; an understanding of the substantive limitations to human rights obligations; and an overview of three core rights.
The emphasis throughout the module is to bring theory into practice, and to understand how the law has developed, what rights exist now, how to apply those rights to modern challenges, and how to challenge the status quo to advance the rights.
The aims of the course are to ensure students understand the international legal standards for human rights, and can evaluate human rights claims appropriately, apply the law, and challenge or criticize the application of the law. The aims are to be achieved by engaging in advanced analysis of a few key human rights in a context-specific manner.
The learning outcomes of the course are:
1. Demonstrate an understanding of legal methodology and writing appropriate to a Master’s level course
2. Discuss and evaluate the nature of human rights law generally
3. Discuss, evaluate, and apply the content of specific human rights
4. Discuss and evaluate the relationship between types of rights
5. Respond critically and thoughtfully to practical problems
6. Apply the law accurately and critically to practical situations
Indicative Topics by Week
A. Common issues
1. Introduction to ICCPR / ICESCR and their common obligations (respect, protect, and fulfil))
2. Interrelated, Interdependent, and Universal?
3. Right to an effective remedy, justiciability & enforcement
B. Limitations to the Obligations
4. Progressive realisation versus immediate obligations
5. Jurisdiction and extraterritoriality
6. Limitations and derogations
C. Specific Obligations
Obligations related to Life and Bodily Integrity
7. Right to Life
8. Adequate standard of living
9. Health
From week 2, the module will be taught in weekly seminars/lectures of 2 hours duration that all students must attend.
Students will be given an outline of all the seminars and reading at the start of the year via Talis and Moodle.
Students are required to do the reading in advance of the seminar/lecture each week, and must be prepared to engage in substantive discussions in class. Feedback will be embedded into the lectures.
- Warwick, Ben T C. (2019-11-15) 'Unwinding Retrogression: Examining the Practice of the Committee on Economic, Social and Cultural Rights?', in Human Rights Law Review.
- Shah, Sangeeta. (2018) 'Chapter 13: Detention and trial', in International human rights law, Oxford: Oxford University Press., pp.252-277
- Samuels, Harriet. (2018-12) 'Public interest litigation and the civil society factor', in Legal Studies. vol. 38 (4) , pp.515-528
- Forman, Lisa; Caraoshi, Luljeta; Chapman, Audrey R.; Lamprea, Everaldo. (2016-05-18) 'Conceptualising minimum core obligations under the right to health: How should we define and implement the ‘morality of the depths’', in The International Journal of Human Rights. vol. 20 (4) , pp.531-548
- Doswald-Beck, Louise. (2011) 'Chapter 3: The regime of limitations and derogations', in Human Rights in Times of Conflict and Terrorism, Oxford: Oxford University Press., pp.68-105
- Luban, David. (2010) 'Carl Schmitt and the Critique of Lawfare', in Case W. Res. J. Int'l L.. vol. 43, pp.457-471
- Ssenyonjo, Manisuli. (2016) 'Chapter 9: Rights to an Adequate Standard of Living and Social Security: Articles 11 and 9', in Economic, Social and Cultural Rights in International Law, Oxford: Bloomsbury Publishing PLC.
- Eide, Asbjørn. (2018) 'Chapter 10: Adequate standard of living', in International human rights law, Oxford: Oxford University Press., pp.186-207
- Ssenyonjo, Manisuli. (2016) 'Chapter 11: The right to education', in Economic, Social and Cultural Rights in International Law, Oxford: Bloomsbury Publishing PLC., pp.558-622
- McGoldrick, Dominic. (2016-01) 'A DEFENCE OF THE MARGIN OF APPRECIATION AND AN ARGUMENT FOR ITS APPLICATION BY THE HUMAN RIGHTS COMMITTEE', in International and Comparative Law Quarterly. vol. 65 (1) , pp.21-60
- Cottingham, Jane; Germain, Adrienne; Hunt, Paul. (2012-07) 'Use of human rights to meet the unmet need for family planning', in The Lancet. vol. 380 (9837) , pp.172-180
- Marcoux Jr, Laurent. (1982) 'Protection from Arbitrary Arrest and Detention under International Law', in Boston College International and Comparative Law Review.
- Pieterse, Marius. (1999) 'A Different Shade of Red: Socio-Economic Dimensions of the Right to Life in South Africa', in South African Journal on Human Rights. vol. 15 (3) , pp.372-385
- Marchetti, Raffaele. (2016-11) 'Advocacy strategies for human rights: the campaign for the moratorium on the death penalty', in Italian Political Science Review/Rivista Italiana di Scienza Politica. vol. 46 (3) , pp.355-378
- Temperman, Jeroen. (2015) 'Chapter 12: Organised Hatred', in Religious Hatred and International Law, Cambridge: Cambridge University Press., pp.317-333
- Pollard, Matt. (2009) 'Chapter 6: Extra-legal executions', in Treatment of Prisoners under International Law, Oxford: Oxford University Press.
- Gilbert, Geoff. (2007) 'The Cultural and Political Autonomy of Minorities', in L'Observateur des Nations Unies., pp.225-250
- Mégret, Frédéric; Msipa, Dianah. (2014-01) 'Global Reasonable Accommodation: How the Convention on the Rights of Persons with Disabilities Changes the Way We Think About Equality', in South African Journal on Human Rights. vol. 30 (2) , pp.252-274
- Charilaos Nikolaidis. (2016) 'Chapter 1: Equality and the Quest for Substance', in The Right to Equality in European Human Rights Law: The Quest for Substance in the Jurisprudence of the European Courts: Routledge.
- Ssenyonjo, Manisuli. (2016) Economic, Social and Cultural Rights in International Law, Oxford: Bloomsbury Publishing PLC.
- Heiner, Bielefeldt; Ghanea, Nazila; Wiener, Michael. (2017) 'The Underlying Principles of Freedom of Religion or Belief—Towards a Holistic Conceptualisation', in Freedom of religion or belief: an international law commentary, Oxford: Oxford University Press., pp.1-40
- Sandoval, Clara; Leach, Philip; Murray, Rachel. (2020) 'Monitoring, cajoling and promoting dialogue – what role for supranational human rights bodies in the implementation of individual decisions?', in Journal of Human Rights Practice.
- Rodley, Nigel. (2018) 'Chapter 9: Integrity of the Person', in International Human Rights Law, Oxford: Oxford University Press., pp.175-184
- Sands, Philippe; Peel, Jacqueline; Fabra, Adriana; MacKenzie, Ruth. (2018-08-07) Principles of International Environmental Law, Cambridge: Cambridge University Press (Virtual Publishing).
- Gray, Tony. (2018) 'Chapter 7: Article 5, No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment', in Contemporary Human Rights Challenges, Bosa Roca: Taylor & Francis Inc.
- Pollard, Matt. (2009) 'Chapter 7: The death penalty', in Treatment of Prisoners under International Law, Oxford: Oxford University Press.
- (2018) The human right to a healthy environment, Cambridge: Cambridge University Press.
- Megret, Frederic. (2018) 'Chapter 5: Nature of obligations', in International Human Rights Law, Oxford: Oxford University Press., pp.86-109
- Pollard, Matt. (2009) 'Chapter 2: The Legal Prohibition of Torture and Other Ill Treatment', in Treatment of Prisoners under International Law, Oxford: Oxford University Press.
- McGoldrick, Dominic. (2018) 'Freedom of religion, speech, assembly, and association', in International human rights law, Oxford: Oxford University Press., pp.208-231
- Moeckli, Daniel. (2018) 'Chapter 8: Equality and Non-Discrimination', in International Human Rights Law, Oxford: Oxford University Press., pp.148-164
- Megret, Frederic. (2018) 'Nature of obligations', in International Human Rights Law, Oxford: Oxford University Press., pp.86-109
- Ssenyonjo, Manisuli. (2016) 'Chapter 10', in Economic, Social and Cultural Rights in International Law, Oxford: Bloomsbury Publishing PLC., pp.507-557
- Frey, Diane F. (2019) 'Chapter 6: Equality Rights Beyond Neoliberal Constraints', in Economic and Social Rights in a Neoliberal World, Cambridge: Cambridge University Press., pp.103-124
- Aubry, Sylvain; Dorsi, Delphine. (2016-09-02) 'Towards a human rights framework to advance the debate on the role of private actors in education', in Oxford Review of Education. vol. 42 (5) , pp.612-628
- Rodley, Nigel. (1995) 'Conceptual Problems in the Protection of Minorities: International Legal Developments 17 Human Rights Quarterly 1995', in Human Rights Quarterly.
- Chapman, Audrey R. (2016) 'Chapter 3: Health and Human Rights in the Neoliberal Era', in Global Health, Human Rights, and the Challenge of Neoliberal Policies, Cambridge: Cambridge University Press., pp.72-114
- Golay, Christophe. (2014) 'Chapter 1: ‘The Development of Economic, Social and Cultural Rights in International Law’', in Economic, Social, and Cultural Rights in International Law, Oxford: Oxford University Press., pp.3-48
- Ssenyonjo, Manisuli. (2016) 'Chapter 1: The international legal protection of economic, social and cultural rights', in Economic, social and cultural rights in international law, Oxford: Hart Publishing.
- Atapattu, Sumudu A.; Schapper, Andrea. (2019) Human rights and the environment: key issues, New York, NY: Routledge.
- Meyer, David S.; Boutcher, Steven A. (2007-3) 'Signals and Spillover: Brown v. Board of Education and Other Social Movements', in Perspectives on Politics. vol. 5 (01)
- Lucy Claridge. (no date) 'Litigation as a Tool for Community Empowerment: The Case of Kenya’s Ogiek', in Erasmus Law Review. vol. 11 (1) , pp.57-66
- Clapham, Andrew. (2018) 'Chapter 28: Non-state actors', in International Human Rights Law, Oxford: Oxford University Press., pp.557-579
- Taylor, Paul M. (2020-06-30) 'Article 18: Freedom of Thought, Conscience and Religion', in A Commentary on the International Covenant on Civil and Political Rights: Cambridge University Press., pp.499-537
- Dupuy, Pierre-Marie; Vinuales, Jorge E. (2019-08-12) International Environmental Law, Cambridge: Cambridge University Press (Virtual Publishing).
- Marks, Susan. (2018) 'Chapter 30: Poverty', in International human rights law, Oxford: Oxford University Press., pp.597-618
- Michel Vols. (no date) 'Using eviction to combat housing-related crime and anti-social behaviour in South Africa and the Netherlands', in South African Law Journal. vol. 134 (2) , pp.327-360
- Joseph, Sarah; Dipnall, Sam. (2018) 'Chapter 6: Scope of application', in International Human Rights Law, Oxford: Oxford University Press., pp.110-131
- Ssenyonjo, Manisuli. (2016) 'Chapter 2: State obligations under the International Covenant on Economic, Social and Cultural Rights', in Economic, social and cultural rights in international law, Oxford: Hart Publishing.
- Joel E. Correia. (no date) 'Adjudication and Its Aftereffects in Three Inter-American Court Cases Brought against Paraguay: Indigenous Land Rights', in Erasmus Law Review. vol. 11 (1) , pp.43-56
- Rodley, Nigel S. (2018) 'Chapter 9: Integrity of the person', in International human rights law, Oxford: Oxford University Press., pp.165-185
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 |
LW901 - Blog |
|
20% |
| Coursework |
Take Home Exam |
|
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 Gus Waschefort, email: g.waschefort@essex.ac.uk.
Gus Waschefort, Various academics
lawpgtadmin@essex.ac.uk
No
No
No
Prof Julia Shaw
De Montfort University
Professor of Law
Available via Moodle
Of 1759 hours, 0 (0%) hours available to students:
1759 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
Essex Law School
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