HUMR 5132 Human Rights Law in Context Introduction to the course

potential and actual conflicts different disciplinary perspectives different rights AIMS OF THE COURSE The aim of this course is to provide students with the knowledge of different rights and an ability to assess them from different disciplinary perspectives.... Attention will also be devoted to potential and actual conflicts between different rights. Deepen knowledge of the meaning and relevance of different substantive rights Investigate the meaning and reception of these rights in different contexts, using different disciplinary perspectives Identify key controversies in the different rights and potential conflicts between rights

Deepen knowledge of the meaning and relevance of different substantive rights But why study substantive rights? Evaluate debates over what should be in the catalogue of human rights Deeper understanding of the potential conflicts between rights Each right carries its own history, logic, context and application Knowing one right can provide better or new perspectives on others Identify key controversies in the different rights and potential conflicts between rights

Knowing one right can provide better or new perspectives on others But we must make a selection Which rights? Civil rights (torture, freedom of religion, enforced disappearances) Political rights (freedom of expression, democratic rights) Equality rights (gender, race, minorities, disabilities) Socio-economic rights Collective rights (indigenous peoples) Women’s/children’s rights Cultural rights not covered (but see indigenous peoples, children) A representative selection of rights that may Different ways of grouping rights Fraternité Egalité Liberté Freedom of expression Freedom of belief Freedom from want Freedom from fear The human rights circle

potential and actual conflicts different disciplinary perspectives different rights Deepen knowledge of the meaning and relevance of different substantive rights Investigate the meaning and reception of these rights in different contexts, using different disciplinary perspectives Identify key controversies in the different rights and potential conflicts between rights But why a multi- disciplinary approach? If a question is mono- disciplinary, a single discipline can suffice The questions we face in theory and practice are not always divisible by disciplines We can enrich our perspectives within a discipline by looking at others Controversies in one discipline may be resolved or made more clear in another The aim is not necessarily to master other disciplines but understand how they relate to different rights But …

Descriptive Consequential Investigate the meaning and reception of these rights in different contexts, using different disciplinary perspectives Which disciplines? Philosophy Strategic Law Social science % Practice

Philosophy Law Social science Practice HUMR 5132 Human Rights Law in Context Law in and of society What is the ideal and actual «fit» of a law in its societal context? How does law and legal institutions operate in a social, political, economic and ethical context? Legal philosophy Legal anthropology Legal sociology Law and economics Legal history International law and international relations

What is a «right»? Content Rights- holders Impact/ importance Impact/ importance Remedies Duty- bearer(s) Scope of application Correlative duties Legitimate limitations The Hohfeldian argument The Hohfeldian argument

Content Who decides on the content of rights? Governments? Parliaments? Courts? The public? Human rights activists?

What is a «right»? Content Rights- holders Impact/ importance Impact/ importance Remedies Duty- bearer(s) Scope of application Correlative duties Legitimate limitations

Impact/ importance Impact/ importance Culture Religion Political considerations Financial limitations Priorities among rights Values Security threats How to measure impact?

What is a «right»? Content Rights- holders Impact/ importance Impact/ importance Remedies Duty- bearer(s) Scope of application Correlative duties Legitimate limitations Some common tensions Negative rights/duties Positive rights/duties vs. Minimalist Natural Technocratic Consequentialism/ utilitarianism Deontology Political Deliberative Maximalist Protest Discourse vs.

Conflicts between rights Absolutist: Rights as «trumps» Absolutist: Rights as «trumps» Relativist: Rights as «priorities» Relativist: Rights as «priorities» Different types of conflicts Right vs. right Individual vs. collective Negative vs. positive Different ways to balance Core rights Core of rights Proportionality Reasonableness

Assessment 20 per cent of the mark will be allocated to a debate performance. The aim of the debate is to test the ability of students to draw together what they have leant from a lecture in the course and present an argument on a controversial issue. Such skills are critical in both academic life and wider practice. 80 per cent of the mark will be allocated towards the take home essay assignment. The aim of the essay is to test whether the aims of the course have been met and encourage independent research and thinking.

Debates The structure of the debate would be as follows: 1. Each debate will consist of two students. They will be given a topic four days before the debate, which draws on a previous lecture. 2. Each student will have 9 minutes each to present followed by 6 minutes of questions from fellow students and the study group leader. Each debater will have 3 minutes each to respond. 3. The debate will be graded by the course leader, who will not participate in the debate. The students will be given a preliminary grade from A+ to F-. 4. There will be three main principles in assessing the grade for the debate: (1) the ability of the student to draw on the four main method in the course - philosophy, law, social science and practice (2) the ability of the student to form a coherent and convincing argument while at the same time demonstrating credibility in dealing with opposing views and any questions and (3) presenting the argument in a understandable and clear manner. 5. The grade from the debate will be taken into consideration when coming to final grade for the course, which will be primarily based on the essay assignment (80 per cent)