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.

1. Concepts of Human and concepts of Right (defining Human Rights)
2. Problems about the grounding of Human Rights (Theology, Nature, Tradition, Rationality, Legality, Power, Struggle, Consensus and Dissent).
3. Human Dignity as a fact and as a Metaphysical Assumption (The Social Rights and the Welfare Society). 
4. Fundamental Rights and Human Rights (Constitutional Guarantees and Postwar imperatives)
5. Constitutionalism and Democracy in terms of Rights (Balancing Values, Principles and Norms)
6. Cosmopolitism and Universalism of Human Rights (Objectivity, International Relations and International Trade).
7. Foreign Policy and Transnational Corporations: challenges of Accountability (Human Rights as Practices).
8. The United Nations and Human Rights: bodies and mechanisms
   1. Charter-based bodies
   2. Treaty-based bodies
9. European Human Rights System: the European Court of Human Rights
10. Inter-American System for the Protection of Human Rights: the Inter-American Court of Human Rights

Other Systems for the Protection of Human Rights

During the first seven weeks, the lectures will be mainly theoretical. However, three sessions will be devoted to open discussion in order to reinforce the comprehension of the basic concepts of the subject. These sessions, led by the professor, will be based on real cases taken from the current press.

During the next weeks, the following list of practices is indicative

• Analysis of case-law
• Commentary on specialized texts 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

Students must demonstrate a sufficient level of the required general, basic and specific skills to pass the course.

The assessment of the subject will be the following:

1.             Passing the test exam performed at the end of the semester (70% of the final mark).

2.             Hand in the case studies (30 % of the final mark).

Continuous evaluation (30 % of the final mark): seminars (practical activities)

Final exam (70% of the final mark): multiple choice test

Attend and actively participate in both theoretical and practical classes

The extraordinary call will consist of a multiple-choice exam with both practical and theoretical content (100% of the final mark).