ned

Pols 293 Special Topics: The Theory and Practice of Human Rights

Fall 2012 – Tuesdays and Thursdays, 17.00-18.15

Padre Rubio Hall, Room 7

Thurs 1st September – Weds 14

th December

Instructor: Juan J. García Blesa, PhD ([email protected])

Office hours: Tuesdays and Thursdays, 18.15-19.15

Loyola Hall, First Floor

Prerequisite (IR majors - Madrid Campus): POLS-160 Introduction to International Politics

Introduction:

Welcome to the Theory and Practice of Human Rights. In this course, we are going to

critically examine what writer Micheline Ishay (2004, p. 2) calls ‘humankind’s noblest

aspirations’ – universal human rights. To do so, we will examine: from when and where

human rights have emerged; the theory and philosophy that underpins human rights; the full

extent of human rights in the present; the documents, treaties, agreements and institutions on

which the they are based; and crucially, how (and if) human rights are employed in practice.

When looking in detail at all of these areas, we will also be touching on some of the key

controversies that surround human rights and their application. This in-depth approach is

intended to equip you with a full and detailed understanding of both the theory and practice

of universal human rights.

Course aims and learning outcomes:

The aims of the course are:

1. To provide a broad overview of the development of international human rights

politics before and since the signing of the 1948 Universal Declaration of Human

Rights;

2. To examine the ideas, theories, and practical implications of human rights in a rapidly

globalising world;

3. To investigate the politics of human rights through global issues and country-based

case studies;

4. To analyse the problems of compliance in international human rights regimes;

Pols 293 The Theory and Practice of Human Rights Fall 2010

2

After completing the course the student should be able to:

1. Critically evaluate theories of universal human rights and cultural relativism;

2. Analyse the problems involved in asserting universal human rights across political

and cultural divides

3. Analyse the political development of human rights through comparative study;

4. Evaluate the effectiveness of emerging global human rights regimes.

Arts & Sciences Grading Scale can be accessed at: http://www.slu.edu/x6352.xml

Grade Points: Grade Components: Course Credits: 3

A 4.0 93%-100% 25% Mid-Term Exam

A- 3.7 90%-92% 25% Paper

B+ 3.3 87%-89% 30% Final Exam

B 3.0 83%-86% 20% Class Participation

B- 2.7 80%-82%

C+ 2.3 73%-79%

C 2.0 67%-72%

C- 1.7 60%-66%

D 1.0 50%-59%

F 0.0 0-49%

Requirements: Students should complete the readings before the date for which they are

listed in the course outline. Students will be graded on the basis of class participation, mid-

term exams and a final paper.

Last Day to Drop a Class Without a Grade of “W” and/or to Add a Class: Tue., 14

th September

Last Day to Choose Audit (AU) or Pass/No Pass (P/NP) Options: Wed., 29th

September

Last Day to Drop a Class and Receive a Grade of “W”: Fri., 29th

October

Important Dates Sept. 17 – Last day to drop a class without a grade of W or to add a class Oct. 4 – Last day to choose audit (AU) or pass/no pass (P/NP) options Oct. 15 - Last day to submit transfer application for spring semester Nov. 2 – Last day to drop a class and receive a grade of W Nov. 7 – Registration for spring semesters open

Accommodation Statement

In recognition that people learn in a variety of ways and that learning is influenced by multiple factors (e.g., prior experience, study skills, learning disability), resources to support student success are available on campus. Students who think they might benefit from these resources can find out more about:


3

Course-level support (e.g., faculty member, departmental resources, etc.) by asking your course instructor.

University-level support (e.g., tutoring/writing services, Disability Services) by visiting the Academic Dean's Office (San Ignacio Hall) or by going to http://spain.slu.edu/academics/learning_resources.html.

Students who believe that, due to a disability, they could benefit from academic accommodations are encouraged to contact Disability Services at +34 915 54 58 58, ext. 204, send an e-mail to [email protected], or to visit the Counseling Office (San Ignacio Hall). Confidentiality will be observed in all inquiries. Course instructors support student accommodation requests when an approved letter from Disability Services has been received and when students discuss these accommodations with the instructor after receipt of the approved letter.

Academic Honesty and Plagiarism

The University is a community of learning, whose effectiveness requires an environment of mutual trust and integrity, such as would be expected at a Jesuit, Catholic institution. As members of this community, students, faculty, and staff members share the responsibility to maintain this environment. Academic dishonesty violates it. Although not all forms of academic dishonesty can be listed here, it can be said in general that soliciting, receiving, or providing any unauthorized assistance in the completion of any work submitted toward academic credit is dishonest. It not only violates the mutual trust necessary between faculty and students but also undermines the validity of the University’s evaluation of students and takes unfair advantage of fellow students. Further, it is the responsibility of any student who observes such dishonest conduct to call it to the attention of a faculty member or administrator.

Examples of academic dishonesty would be copying from another student, copying from a book or class notes during a closed-book exam, submitting materials authored by or editorially revised by another person but presented as the student’s own work, copying a passage or text directly from a published source without appropriately citing or recognizing that source, taking a test or doing an assignment or other academic work for another student, tampering with another student’s work, securing or supplying in advance a copy of an examination without the knowledge or consent of the instructor, and colluding with another student or students to engage in an act of academic dishonesty.

Where there is clear indication of such dishonesty, a faculty member or administrator has the responsibility to apply appropriate sanctions. Investigations of violations will be conducted in accord with standards and procedures of the school or college through which the course or research is offered. Recommendations of sanctions to be imposed will be made to the dean of the school or college in which the student is enrolled. Possible sanctions for a violation of academic integrity include, but are not limited to, disciplinary probation, suspension, and dismissal from the University. The complete SLU Academic Honesty Policy can be found at the following link: http://spain.slu.edu/academics/academic_advising/docs/Academic_integrity.pdf


4

Classroom Philosophy

You are required to attend each class session prepared to participate and think critically during lecture

and discussion sessions. I trust you will be able to sustain a mutually respectful classroom atmosphere

by treating all classmates as equals.

All required assignments are to be submitted on time (daily drop of 5% in grade).

You are expected to read up on issues covered during class in the course book.

Essays that are handed in late will be marked down by 5% a day. With regard to matters pertaining to

academic honesty and plagiarism, you are reminded that cheating is a deplorable behaviour, which

leads to an “F” grade and possible expulsion from the University.

Tardiness is at best a rude disruption to your fellow classmates who are punctual, and except for

legitimate reasons (doctor’s letter certifying illness for example), you are expected to attend all class

session. Lateness and absence (more than 3 times) will be reflected in your final overall course grades

(dropping 10% for every three absences).


5

The Theory and Practice of Human Rights Fall 2012 – Tuesdays and Thursdays, 17:00-18:15

Padre Rubio Hall, Room 7

COURSE SCHEDULE

Course Books:

Callaway, RL and Harrelson-Stephens, J (2007), Exploring International Human Rights:

Essential Readings, Colorado, Lynne Rienner

Course Reader – available in the book shop

Course Timetable:

Tuesday 4 September

General Introduction Handing out the course description/syllabus/course reader

Thursday 6 September

Introduction to Course

Reading: Ishay, pp. 1-14/ Freeman, pp. 1-13

PART I – THE ORIGINS AND DEVELOPMENT OF HUMAN RIGHTS

Tuesday 11 September

The Historical Development of Human Rights - Part 1: From the Ancient Period to the

Enlightenment Reading: Ishay, pp. 15-27/Freeman, pp. 14-31/Callaway and Harrelson-Stephens, pp. 21-23


The Historical Development of Human Rights - Part 2: From the Enlightenment to

Industrialisation Reading: Ishay, pp. 63-83


The Historical Development of Human Rights - Part 3: From Industrialisation to 1945 Reading: Ishay, pp. 117-144


The Basis for Humankind’s Noblest Aspirations: The Universal Declaration of Human

Rights Reading: Freeman, pp. 32-54/Ishay, pp. 199-229/Callaway and Harrelson-Stephens, pp. 69-

98


6


The Basis for Humankind’s Noblest Aspirations: the Two Covenants and the 6 Core

Treaties Reading: Callaway and Harrelson-Stephens, pp. 1-20

PART II – CONTROVERSIES/KEY CHALLENGES


What are ‘Rights’? Are Rights Achievable? Part 1 Reading: Freeman, pp. 55-75/ Callaway and Harrelson-Stephens, pp. 1-20

Tuesday 2 September

What are ‘Rights’? Are Rights Achievable? Part 2 Reading: Freeman, pp. 55-75/ Callaway and Harrelson-Stephens, pp. 1-20

Thursday 4 October

Universal for Whom? - Part 1: First and Second Generation Rights

Reading: Freeman pp. 42-48/Supplementary reading

Tuesday 9 October

Universal for Whom? - Part 2 – The Problem of Cultural Relativism and Human

Rights/Mid-term exam revision Reading: Freeman, pp. 101-130/ Callaway and Harrelson-Stephens, pp. 109-112

Thursday 11 October

Mid-term exam (grades are due to be entered into SLU database on 22nd

of October)

Tuesday 16 October

Cultural Relativism 1: Asian Values and Human Rights Reading: Callaway and Harrelson-Stephens, pp. 112-121

Thursday 18 October

Cultural Relativism 2: Islam and Human Rights Reading: Callaway and Harrelson-Stephens, pp. 122-131

Tuesday 23 October

Cultural Relativism 3: Africanist Perspectives and Human Rights

Reading: Callaway and Harrelson-Stephens, pp. 132-140

Thursday 25 October

Cultural Relativism Conclusion: Are Universal Human Rights Universal? Reading: Reading: Freeman, pp. 101-130/ Callaway and Harrelson-Stephens, pp. 109-112


7

PART III – HUMAN RIGHTS IN PRACTICE

Tuesday 30 October

Globalisation and Human Rights 1 Reading: Callaway and Harrelson-Stephens, pp. 235-254

Thursday 1 November

Public Holiday (University Closed)

Tuesday 6 November

Globalisation and Human Rights 2 Reading: Freeman, pp. 148-168

Thursday 8 November

Human Rights and World Poverty 1 Reading: Handout

Tuesday 13 November

Human Rights and World Poverty 2 – PAPER PROPOSAL DEADLINE***

Reading: Callaway and Harrelson-Stephens, pp. 265-270

Thursday 15 November

Human Rights and the War on Terror 1 Reading: Callaway and Harrelson-Stephens, pp. 271-9

Tuesday 20 November

Human Rights and the War on Terror 2 Reading: Callaway and Harrelson-Stephens, pp. 282-295


Amnesty International and Human Rights Reading: Handout

Tuesday 27 November

Amnesty International and Human Rights Documentary film


Rights and Humanity and the ‘Human Rights Approach’

Reading: Handout

Tuesday 4 December

Democracy, Rule of Law and Human Rights – FINAL PAPER DEADLINE *** Reading: Handout

Thursday 6 December

Public Holiday (University Closed)


8

Tuesday 11 December

Human Rights and the Global Citizen Reading: Handout

Thursday 13 December

Humankind’s Most Noble Aspirations? Concluding Comments

***Wednesday 18 December –***

Final Exam Session – Returning graded papers

COURSE READING:

Course Books:

Callaway, RL and Harrelson-Stephens, J (2007), Exploring International Human Rights:

Essential Readings, Colorado, Lynne Rienner

Course Reader

ADDITIONAL READING LIST

Abouharb, MR & Cingranelli, D (2007), Human Rights and Structural Adjustments,

Cambridge, Cambridge University Press

Alston, P & Macdonald, E (2008), Human rights, Intervention and the Use of Force, Oxford,

Oxford University Press

Alston, P, Goodman, R and Steiner, H (2007), Human Rights in Context: Law, Politics,

Morals, Oxford, OUP

Ashby-Wilson, R (2005), Human Rights in the War on Terror, Cambridge, Cambridge

University Press

Campbell, T, Goldsworthy, J and Stone, A (2003), Protecting Human Rights: Instruments

and Institutions, Oxford, Oxford University Press

Caney, S (2001) Human Rights and Global Diversity, Cass

Caney S (2006), Justice Beyond Borders: A Global Political Theory, Oxford, Oxford

University Press

Chomsky, N & Herman, E (1979), The Political Economy of Human Rights Vol.1: The

Washington Connection and Third World Fascism, Spokesman


9

Chomsky, N & Herman, E (1979), The Political Economy of Human Rights Vol. 2: After the

Cataclysm: Postwar Indochina and the Reconstruction of Imperial Ideology , Spokesman

Fenwick, H (2002), Civil Liberties and Human Rights in England and Wales, Oxford, Oxford

University Press

Fleiner, T (1999), What are Human Rights? Blackstone

Freeman, M (2002) Human Rights: An Interdisciplinary Approach, Oxford, Polity

Hunt, L (2008), Inventing Human Rights: A History, New York, Norton

Ishay, MR (2008), The History of Human Rights: From Ancient Times to the Globalisation

Era, University of California Press, California.

Ishay, MR (2007), The Human Rights Reader: Major Political Essays, Speeches and

Documents From the Ancient Time to the Present, New York, Routledge

Jones, P (1994) Rights, London, Palgrave

Lacquer, W & Rubin, B (1979), The Human Rights Reader, Meridan

Pogge, T (2008), World Poverty and Human Rights: Cosmopolitanism Responsibilities and

Reforms, Cambridge, Blackwell

Rose, D (2004), Guantanamo: America’s War on Human Rights, London, Faber and Faber

Rosenbaum, AS (1980), The Philosophy of Human Rights: International Perspectives,

London, Aldwych

Weiss, TG (2004), Wars on Terrorism and Iraq: Human Rights, Unilateralism, and US

Foreign Policy, London, Routledge

Woodiwiss, A (2005), Human Rights, London, Routledge

EXTENSIVE HUMAN RIGHTS READING LIST

(The following titles may not be in the library at SLU Madrid but are listed here for those

students who want to take their human rights reading further).

Abouhard, MR (2007), Human Rights and Structural Adjustment, Cambridge, Cambridge

University Press

Addis, M and Marrow, P (eds) (2005), Your Rights: The liberty guide to Human Rights,

London, Pluto Press

Ackerly, b (2008), Universal Human Rights in a World of Difference, Cambridge, CUP

Addo, MK (2006), International Law of Human Rights, Aldershot, Ashgate


10

Agamben, G (2005), State of Exception, Chicago, Chicago University Press

Aliston, P (1992), The United Nations and Human Rights: A Critical Appraisal, Oxford,

Clarendon Press

Alston, P (1995), Promoting Human Rights Through Bills of Rights: Comparative

Perspectives, Oxford, Oxford University Press

Alston, P (1999), The EU and Human Rights, London, Oxford University Press

Alston, P (2000), Peoples Rights, Oxford University Press

Alston, P, Goodman, R and Steiner, H (2007), Human Rights in Context: Law, Politics,

Morals, Oxford, OUP

Baxi, U (2002), The Future of Human Rights, Oxford, OUP

Beitz, C (2009), The Idea of Human Rights, Oxford, OUP

Boggio, A (2006), ‘The Global Enforcement of Human Rights: The Unintended

Consequences of Transnational Litigation’, The International Journal of Human Rights, Vol.

10, Issue 4, pp. 325 – 340

Borbor, D (2008), ‘Iran’s Contribution to Human Rights, the Rights of Women, and the

Democracy,’ Iran and the Caucasus, Vol. 12, No. 1, pp. 101-121

Brems, E (2001), Human Rights: Universality and Diversity, Cambridge

Brems, E (2005) ‘Conflicting Human Rights: An Exploration in the Context of the Right to a

Fair Trial in the European Convention for the Protection of Human Rights and Fundamental

Freedoms’, Human Rights Quarterly, Vol. 27, pp. 294-326

Brown, C (1997), ‘Universal Human Rights: A Critique’, The International Human Rights

Journal, 1 (2), pp. 41-65

Brysk, A (2005), Human Rights and Private Wrongs: Constructing Global Civil Society,

London, Routledge

Cardenas, S (2005), ‘Constructing Rights? Human Rights, Education and the State’,

International Political Science Review, Vol. 26, pp. 363-379

Ci, J (2005), ‘Taking the Reasons for Human Rights Seriously’, Political Theory, Vol. 33,

No. 2, pp. 243-265

Claude, RP and Weston, BH (2006), Human Rights in the World Community: Issues and

Action, Pennsylvania, University of Pennsylvania Press

Clapham, A (2007), Human Rights: A Very Short Introduction, Oxford, Oxford University

Press.


11

Clayton, T (2009), The Law of Human Rights: Volume 1, Oxford, Oxford University Press

Clayton, T (2009), The Law of Human Rights: Volume 1, Oxford, Oxford University Press

Cohen, S (2009), ‘Human Rights and Crimes of The State’, in Whyte, D, Crime of The

Powerful: A Reader

Colvin, M and Cooper, J (2009), Human Rights and the Investigation of and Prosecution of

Crime, London, Oxford University Press

Contessi, N (2009), ‘The Liberal Project and Human Rights: The Theory and Practice of a

New World Order’, Canadian Journal of Political Science, 42 (4), pp. 1058-1059

Cranston, M (1973), What Are Human Rights?, London

Crawshaw, R (2007), Human Rights and Policing, Leiden, Martinus Nijhoff

Cruft, R (2010), ‘Are Property Rights Ever Basic Human Rights?’, The British Journal of

Politics and International Relations, 12, pp. 142-154

Cruft, R (2010), ‘Critical Studies – Two Approaches to Human Rights’, The Philosophical

Quarterly, 60 (238), pp. 176-182

Davies, P (1988) Human Rights, New York, Routledge

Davies, H (2003), Human Rights and Civil Liberties, Portland, Willan Publishing

Deshowitz, A (2004), Rights from Wrongs: A Secular Theory of the Origins of Rights, Basic

Books, New York

Donnelly, J (1982), ‘Human rights and Human Dignity: An Analytical Critique of Non-

Western Conceptions of Human Rights’, The American Political Science Review, 76 (2), pp.

303-316

Donelly, J (2003), Universal Rights in Theory and Practice, USA, Cornell University Press

Dunne, T and Wheeler, J (1999), Human Rights in Global Politics, Cambridge, Cambridge

University Press

Duner, B (2001), ‘Violence for Human Rights’, International Journal of Human Rights, 5

(2), pp. 46-71

Engler, M (2000), ‘Toward the Rights of the Poor: Human Rights in Liberation Theology’,

The Journal of Religious Ethics, vol. 28, iss. 3, pp. 339-365

Evans, T (2005), The Politics of Human Rights: A Global Perspective, (2nd

edn), London,

Routledge

Falk, R (2004), ‘Human Rights’, Foreign Policy, No. 141, pp. 18-28


12

Fenwick, H and Phillipson, G (2006), Media Freedom under the Human Rights Act, Oxford,

OUP

Feyter, KD (2005), Human Rights: Social Justice in the Age of the Market, New York, Zed

Books

Follesdal, A (2009), ‘The Legitimacy of International Human Rights Reviews: The Case of

the European Court of Human Rights’, Journal of Social Philosophy, 40 (4), pp. 459-307

Forsythe, D (2006), Human Rights in International Relations, UK, Cambridge University

Press

Foster, S (2008), Human Rights and Civil Liberties, London, Longman.

Fortin, J (2006), ‘Accommodating Children’s Rights in a Post-Human Era’, Modern Law

Review, vol. 69, iss. 3

Frank, TM (2001), ‘Are Human Rights Universal?’, Foreign Affairs, Vol. 80, No. 1, pp. 191-

204

Glendon, MA (2001), A World Made New: Eleanor Roosevelt and the Universal Declaration

Of Human Rights, U.S.A, Random House Trade Paperbacks

Gourevitch, A (2009), ‘Are Human Rights Liberal?’, Journal of Human Rights, 8 (4), pp.

301-322

Greer, s and Williams, A (2009), ‘Human Rights in the Council of Europe: Towards

Individual, Constitutional, or Institutional Justice?’, European Law Journal, 15 (4), pp. 462-

481.

Haas, M (2008), International Human Rights: A Comprehensive Introduction, London,

Routledge

Hoffman, D and Rowe, J (2009), Human Rights in the UK: An Introduction to the Human

Rights Act 1998, New York, Longman

Kalny, E (2009), ‘Against Superciliousness: Revisiting the Debate 60 Years After the

Adoption of the Universal Declaration of Human Rights’, Critique of Anthropology, 29 (4),

pp. 371-395

Kicza, JE (2008), ‘The Europeanization of the World: On the Origins of Human Rights and

Democracy’, Renaissance Quarterly, 61 (3), pp. 958-959

Kolstad, I (2009), ‘Human Rights and Assigned Duties: Implications for Corporations’,

Human Rights Review, 10 (4), pp. 308-326

Landman, T (2004), ‘ Measuring Human rights: Principle, Practice and Policy’, Human

Rights Quartely, 26 (4) pp. 906-931


13

Landman, T (2006), Studying Human Rights, Oxon, Routledge

Loveland, I (2009), Constitutional Law, Administrative Law, and Human Rights: A Critical

Introduction, Oxford, Oxford University Press

McCorquodale, R and Fairbrother, R (1999), ‘Globalisation and Human Rights’, Human

Rights Quarterly, 21 (3), pp. 735-66

McCrudden (2008), ‘Human Dignity and Judicial Interpretation of Human Rights’, The

European Journal of International Law, 19 (4), pp. 655-724

McFarland, S and Matthews, M (2005), ‘Who cares about Human Rights?’, Political

Psychology, Vol. 26, No 3, pp. 365-385

Meron, T (1986), ‘On a Hierarchy of International Human Rights’, American Journal of

International Law, Vol. 80

Meskell, L (2009), ‘Talking of Human Rights: Histories, Heritages, and Human Remains’,

Reviews in Anthropology, 38 (4), pp. 308-326

Morsink, J (1999), The Universal Declaration of Human Rights: Origins, Drafting, and

Intent, Pennsylvania, University of Pennsylvania Press

Nash, K (2009), ‘Between Citizenship and Human Rights’, Sociology, 43 (6), pp. 1067-1084

Neumayer, E (2005), ‘Do International Human Rights Treaties Improve Respect for Human

Rights?’, The Journal of Conflict Resolution, Vol. 49, No. 6, pp. 925-953

Nickel, JW (2007), Making Sense of Human Rights, Oxford, Blackwell Publishing.

O’Brien, N (2008), ‘Equality and Human Rights Foundations of a Common Culture’,

Political Quarterly, vol. 79, iss. 1

Orend, B (2002), Human Rights: Concept and Context, New York, Broadview Press Ltd

Osler, A (2008), ‘Citizenship and Education: Re-imagining a Cosmopolitan Nation’, London

Review of Education, vol. 6, no. 1, pp. 11-15

Pagden, A (2003), ‘Human Rights, Natural Rights, and Europe's Imperial Legacy’, Political

Theory, Vol. 31, No. 2, pp. 171-199

Petley, J (2009), ‘What Rights? Whose Responsibilities?’, Soundings, 43, pp. 77-88

Pierce, G (2009), ‘Make sure you say that you were treated properly’, London Review of

Books, 31, (9).

Pogge, T (2000), ‘The International Significance of Human Rights’, The Journal of Ethics, 4

(1), pp. 45-69


14

Relano, E (2010), ‘Education, Pluralism, and Freedom Of Religion: Recent Decisions Of The

European Court Of Human Rights,’ The British Journal Of Religious Education, vol 32, no.

1, pp. 19-29

Richardson, G (2008), ‘Coercion and Human Rights: A European Perspective’, Journal of

Mental Health, Vol. 17, pp. 245-254

Rolston, B & Scraton, P (2005), ‘In the Full Glare of English Politics: Ireland, inquiries and

the British State.’, British Journal of Criminology, 45, pp. 547-564.

Schorlemer, S (2003), ‘Human Rights: Substantive and Institutional Implications of the War

Againts Terror’, The European Journal of International Law, 14 (2), pp. 265-282

Shute, S and Hurley, S (1994), On Human Rights, London, Basic Books

Smith, C (2004), ‘Representing “the enemy”’: human rights and the war on terror’, Criminal

Justice Matters, 58, (1), pp. 44-47

Stone, R (2008), Text book on Civil Liberties and Human Rights, Oxford, Oxford University

Press

Twiss, SB (2004), ‘History, Human Rights, and Globalization’, The Journal of Religious

Ethics, Vol. 32, No. 1, pp. 39-70

Wadham, J (2009), Blackstones Guide to the Human Rights Act 1998, Oxford, OUP

Winston, M (2007), ‘Human Rights as Moral Rebellion and Social Construction’, Journal of

Human Rights, 6 (3) pp. 279-305

Woodiwis, A (2002), ‘Human Rights and the Challenge of Cosmopolitanism’, Theory,

Culture, and Society. 19 (1-2), p. 139-155

Xenos, D (2009), ‘The Human Rights of the Vulnerable’, International Journal of Human

Rights, 13 (4), pp. 591-614

ned

Documents

Transcript of ned