LW901-7-FY-CO:
International Human Rights Law: Law and Practice
2020/21
Essex Law School
Colchester Campus
Full Year
Postgraduate: Level 7
Current
Thursday 08 October 2020
Friday 02 July 2021
30
27 October 2020
Requisites for this module
(none)
(none)
(none)
(none)
(none)
LLM M2M012 Economic, Social and Cultural Rights,
LLM M10112 International Human Rights Law,
LLM M10A12 International Human Rights Law (Economic Relations)
The module covers the United Nations machinery for the promotion and protection of human rights.
It also covers the major global human rights treaties; the regional systems of Europe, the Americas and Africa; universality and cultural relativism; the right to life; the prohibition of torture and other cruel, inhuman or degrading treatment or punishment; the prohibition of enforced disappearance; equality and non- discrimination; religious intolerance; freedom of expression; the protection of minorities; fair trial; economic, social and cultural rights; states of emergency and counter-terrorism, state responsibility; accountability of non-state actors; freedom of association; right to food; right to health; human rights and development and national implementation of human rights commitments.
This module aims to provide students with an analytical, critical and contextual introduction to international human rights law. It includes both international and regional norms, institutions and processes, as well as some issues arising from the national implementation of these norms. The course is designed to provide a solid legal foundation on the basis of which students will pursue their more specialised optional courses and human rights research.
While the scope and depth of the subject does not permit LW901 to cover all relevant issues, it aims to familiarise students with the major contemporary features and debates within international human rights law. Further, it provides students with an opportunity to develop their analytical skills in relation to the international law of human rights.
No information available.
No additional information available.
In addition to the LW901 lectures or whole group sessions, the course includes Discussion Groups (DGs). The emphasis here is on your participation. DGs are designed to examine in more depth some of the issues arising from, or related to, the weekly lectures by way of role-plays or discussions. Students are placed in four Discussion Groups. Discussion Groups do not run every week so please check the dates when they run in the timetable of the module. There are a total of eight DGs during the year. This is also a compulsory element of LW901.
- 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 |
Foundation Essay LW901 |
|
0% |
| Coursework |
LW901 Mid Term Assessment: Blog |
|
100% |
| Exam |
Main exam: 48hr during Summer (Main Period)
|
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.
Dr Gus Waschefort, Dr Koldo Casla, Professor Lars Waldorf, Dr Tara Van Ho
lawpgtadmin@essex.ac.uk
No
No
No
Prof Julia Shaw
De Montfort University
Professor of Law
Available via Moodle
Of 3559 hours, 0 (0%) hours available to students:
3559 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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