International legal framework

This course focuses on human rights from both a theoretical and practical point of view, studying, on the one hand, the main scenarios, factors and policies that pose a risk to the enjoyment of human rights and, on the other hand, the regional, national and international institutions designed for their protection and enhancement. 

Public sector , international cooperation, international organisations, NGOs,  research or academia, among others.

First Part: Theory and Concepts – Problems of the System of Human Rights

1. Concepts of Human and concepts of Rights (Philosophical issues regarding the International System of Human Rights).

2. Retrospective History of the foundations of Western rights and liberties (The problem of inalienability).

3. Human Dignity as a norm, as a fact, and as a value. Convergence of conceptions of justice (The problem of inherence). 

4. Constitutional Rights and Human Rights. Constitutional Guarantees and Postwar peace imperatives (The problem of interdependence)

6. Cosmopolitism and Universalism of Human Rights (The problem of universality) -Forum-Debate team exercise-

Second Part: Institutional and Practical Protection of Human Rights

7. Mutual dependence of the Domestic and International Human Rights System

8. The United Nations and Human Rights: bodies and mechanisms

9. Regional Systems: Europe

10. Regional Systems: The Americas

11. Regional Systems: Africa

12. Critiques and Perspectives: Redefining Human Rights Systems 

During the First Part of the course, the lectures will be mainly conceptual, explaining the historical and theoretical conceptions and misconceptions behind the most important problems of Human Rights and Human Dignity nowadays. Three of these sessions will be devoted to Forum-Debates on the Universality of Human Rights, based on the topics presented by teams of 5 students. This exercise combines research and discussion teamwork, public presentation, and debate defending the team position. The topics presented will be assigned by the professor to the teams based on real current international problems.

Throughout both parts of the course, students are expected to actively participate in the discussions and debates that take place in class, since their individual participation determines a large part of the final course grade.

During the Second Part, the lectures will be devoted to technical knowledge about the institutional framework and the organization and functioning of the Human Rights International System. In that Part will be assigned practical exercise such as: Analysis of case-law, and Commentary on specialized texts, court rulings, and papers.

CB1, CB2, CB3, CG3, CG4

CE3, CE4,

-SCHIPPERS, B. (Ed.), (2019): Critical Perspectives on Human Rights: Rowman & Littlefield, New York

-KUROSAWA, F., (2007): The Work of Global Justice. Human Rights as Practices, New York,  Cambridge University Press.

-CAPPS, P., (2009), Human Dignity and the Foundations of International Law; Studies in international Law; Oxford –Portland, Hart Publishing.

-ACCONI, P., DONAT, D., MARCHESI, A., PALMISANO, G., SANTORI, V. (2017), International Law and the Protection of Humanity –Essays in Honour of Flavia Lattanzi-, Grotius Centre for International Legal Studies.

-FORSYTHE, D., (2006): Human Rights in International Relations; New York, Cambridge University Press.

-CABRERA, L., (2004): Political Theory of Global Justice. London – New York, Routledge.  

-MAES, E. (2008): «Constitutional Democracy, Constitutional Interpretation and Conflicting Rights», in Conflicts Between Fundamental Rights –Eva Brems Ed.-, Oxford-Portland, Intersentia.

-CAMPBELL, T. (2006), Rights. A critical introduction, London- New York, Routledge.

-JÄGERS, N. (2002), Corporate Human Rights Obligations: in search of Accountability. Oxford- New York, Intersentia.

-KLEIN, N. (2004), «Reclaiming the Commons», in A Movement of Movements. Is another world really possible?, London, Verso.

- KRAUSE, C.; SCHEININ, M. (2009): Protection of Human Rights: a Textbook. Åbo Akademi University Institute for Human Rights.

- MERTUS, J. A. (2005): The United Nations and human rights: a guide for a new era. London; New York: Routledge.

- LEACH, P. (2005): Taking a case to the European Court of Human Rights. Oxford: Oxford University Press

- AROLD, N. L. (2007): The legal culture of the European Court of Human Rights. Boston: Martinus Nijhoff Publishers

- PASQUALUCCI, J. M. (2003): The practice and procedure of the Inter-American Court of Human Rights. Cambridge: Cambridge University Press

- SMITH, R. K. M. (2022): International Human Rights Law (10^th edition). Oxford: Oxford University Press.

The assessment instruments of the subject in the first call will be the following:

Continuous assessment, 70% of the final mark, divided as follows:

- 30% Attendance and participation (personal mark).

- 30% Forum-Debate, team assigned topics exercise (group mark).

- 10% Reading comprehension and written practice exercise about papers or court rulings (group mark).

Final Exam, 30% of the final mark.

- Final oral exam in a public event in which the contents of the entire subject will be evaluated (personal mark)

-Attend classes and actively participate in discussions and debates during the sessions.

-Prepare previously the assigned written and audiovisual materials provided.

-Integrate the theoretical knowledge taught with the practical issues and case studies analyzed.

-Consciously choose the work team, as long as it is intended to remain there throughout the course.

NOTE:

 For students taking the course according to the Old Curriculum, they will not be entitled to lectures, only to take exams. In this case, the final oral exam will be worth 100% of the final grade.