Guías Académicas

GLOBAL JUSTICE AND HUMAN RIGHTS

GLOBAL JUSTICE AND HUMAN RIGHTS

GRADO EN ESTUDIOS GLOBALES/GLOBAL STUDIES

Curso 2025/2026

1. Subject Information

(Date last modified: 27-05-25 10:27)
Code
109017
Plan
290
ECTS
6.00
Type
Compulsory
Year
2
Duration
Second semester
Language
ENGLISH
Area
DERECHO CONSTITUCIONAL
DERECHO PROCESAL
Departament
Derecho Administ., Financiero y Procesal
Derecho Público General
Virtual platform

Campus Virtual de la Universidad de Salamanca

Professor Information

Profesor/Profesora
Juan Daniel Elorza Saravia
Group/s
Único
Centre
Fac. Derecho
Office
105
Office hours
Se indicará una vez fijado el horario de las clases
Web address
https://d-constitucional-usal.com/staff/juan-daniel-elorza-saravia/ https://d-constitucional-usal.com/staff/juan-daniel-elorza-saravia/
E-mail
jdelorza@usal.es
Phone
923 294 500 extensión 1697

2. Association of the subject matter within the study plan

Curricular area to which the subject matter pertains.

International legal framework

Purpose of the subject within the curricular area and study plan.

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. 

Professional profile.

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

3. Prerequisites

It is advisable to have successfully completed ‘Public International Law’ and ‘History of International Relations’.

4. Learning objectives

Studying this subject will allow students to have a clear and comprehensive view of the origins of the actual International Human Rights main universal and regional systems and standards for the international protection of rights. In doing so, special attention will be drawn to the importance of the historical and theoretical basis as well as the role of today's courts and UN bodies in this field.

At the end of this course, students will be able to:

-Identify the milestones in the evolution of our current conception of Human Rights,

-Be aware of the philosophical, legal and practical problems faced by Human Rghts systems.

- Recognize and explain the policy, factors and key actors involved in the implementation of Global Justice;

- Identify the different contexts in which Human Rights may be at risk;

- Explain the relationship between Justice, legal norms and Human Rights, and the coexistence between international and domestic warrants and remedies;

- Distinguish between Justice as a tool and an end in itself, and Human Rights as a tool and an end in itself to reach Global Justice;

- To be able to measure the role of the domestic remedies before International Justice;

- Achieve a basic framework knowledge on the different legal processes and procedures for the protection of Human Rights;

- to evaluate the current legal instruments designed in the Global Justice and guarantee of Human Rights.

5. Contents

Theory.

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 

Practice.

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.

6. Competences acquired

Basic / General.

CB1, CB2, CB3, CG3, CG4

Specific.

CE3, CE4,

7. Teaching methods

SIN  DOCENCIA

8. Anticipated distribution of the use of the different teaching methods

9. Resources

Reference books.

-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 (10th edition). Oxford: Oxford University Press.

10. Assessment

Assessment criteria.

Consideraciones Generales

Students must demonstrate a sufficient level of the required general, basic and specific skills to pass the course. Attendance and participation in class play a key role, taking into account the large percentage of the final grade that will be obtained through the continuous assessment system.

The forum-debate exercise is designed to strengthen teamwork and the defense of a collective position, in front of the other participating teams.

Text analyses (court rulings or specialized articles) are designed to reinforce the ability to analyze and reading comprehension, using the theoretical elements taught in the first part of the course.

Criterios de evaluación

The evaluation criteria will be as follows:

- Attendance and participation in class sessions,

- Be able to structure participation in debates not based on personal opinion, but based on arguments obtained from the study of the assigned materials and readings.

- Sufficient knowledge of the content taught in both Parts of the subject,

- The ability to orally present the central ideas and concepts related with the topics discussed in class,

- The aptitude to teamwork in different activities represented in the diverse phases of Forum-Debate exercise (research, discussion, presentation, and argumentation of positions in a debate),

- The capability to integrate domestic and international levels of human rights protection into reasoning,

- The ability to carry out a thorough and clear analysis of texts, case studies, and policies related to human rights,

- The ability to identify the main theoretical and practical problems in the justification and defense of rights,

Evaluation systems.

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)

Assessment recommendations.

-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.

 

Recomendaciones para la recuperación.

 

For students who fail the First Call, retake will be through a four-question oral exam, worth 70%.

The remaining 30% of the total mark will be the grade obtained for individual participation.

 

NOTE:

For students taking the course according to the Old Curriculum, the Second Call will be given if they do not pass the First Call Exam. The retake for these students will be an oral exam for the total value of the final grade of the subject.

 

11. Weekly teaching organization