2017/18 Undergraduate Module Catalogue

LAW2142 International Human Rights Law

20 creditsClass Size: 90

Module manager: Dr Ilias Trispiotis
Email: I.Trispiotis@leeds.ac.uk

Taught: Semesters 1 & 2 (Sep to Jun) View Timetable

Year running 2017/18

This module is mutually exclusive with

LAW2143

Foundations of International Human Rights Law

Module replaces

LAW2141 International Human Rights Law

This module is approved as a discovery module

Module summary

The module examines the evolution, mechanisms and grounds of international human rights protection. It examines international human rights law as an important branch of international law; the mechanisms, bodies and procedures introduced by the United Nations and other international and regional organisations; and a significant number of substantive human rights. The course is divided into two parts. The first part provides an introduction to the structure of the international system of human rights protection through law, the difference between human rights law and other areas of international law, and general matters of enforcement machinery. In the second part, the module will address the law in relation to particular rights, covering civil and political rights and economic, social and cultural rights. The organisation of the material in Semesters 1 and 2 follows that distinction. Assessment consists of two 2,500-word essays, due in January and May respectively.

Objectives

On completion of this module, students should be able to:

- Discuss and assess the concept of individual rights in international law. Understand the position of individuals in international law before 1945 and the emergence of the international human rights law movement. Examine the distinction between ‘subjects’ and ‘objects’ of international law as well as the different schools of thought with regard to the treatment of foreigners by a host state.

- Become familiar with the provisions of the UN Charter, the UDHR and other major UN human rights treaties. Recognise the differences between charter-based and treaty-based international human rights systems. Describe and evaluate more specific human rights mechanisms such as the Special Procedures of the UN and the work of the UN Human Rights Committee.

- Describe and evaluate the legal basis and function of the UN Human Rights Council as well as other treaty bodies, including the UN Committee on Economic, Social and Cultural Rights, the UN Committee against Torture, and the Committee on the Rights of Persons with Disabilities.

- Recognise the various sources of international human rights law. Discuss and evaluate a number of overarching concepts of general international law, which are of particular importance for international human rights obligations, including the notion of customary international law, jus cogens/peremptory norms and the concept of obligations erga omnes.

- Discuss and evaluate the emergence and functioning of regional systems of international human rights protection, including the European Convention on Human Rights, the Inter-American system and the African Charter. Describe and assess the similarities between those regional systems and the UN treaty-based mechanisms.

- Evaluate the effectiveness of international and regional human rights systems. Compare the structural and procedural differences between those regional mechanisms, and discuss whether they could explain any discrepancies regarding their effectiveness.

- Identify, discuss and assess a number of substantive rights and their application in particular situations. Among others, the module will cover the right to life, freedom from torture, the right to education, the right to work, the right to health, freedom of religion, freedom from discrimination, women’s rights, children’s rights, disability and rights, and refugee rights.

Learning outcomes
In depth knowledge of substantive and methodological aspects of international human rights law. The module is informed by a diffused approach that includes, apart from the practice of the UN, insights and contributions from regional human rights mechanisms as well as from National Human Rights Institutions and NGOs. By incorporating discussions and developments from a plurality of sources, the course aims to explore different perspectives and responses to contemporary human rights challenges.

Syllabus

International law and international human rights law
Institutional machinery for enforcement: Global (UN) and Regional (ECHR, IACHR, ACHPR)
Individual complaints procedures. Admissibility criteria for applications before human rights bodies.
The right to life
Freedom from torture, inhuman and degrading treatment or punishment
The right to liberty and security
Freedom of conscience, thought and religion
Human rights and refugees
The right to health
Equality and freedom from discrimination
Human rights and disability
Group rights: Self-determination, minority groups and indigenous peoples
Human Rights and international criminal justice
Children’s rights
The right to development and freedom from poverty

Teaching methods

Delivery type	Number	Length hours	Student hours
Lectures	20	1.00	20.00
Seminar	6	1.50	9.00
Private study hours			171.00
Total Contact hours			29.00
Total hours (100hr per 10 credits)			200.00

Private study

Students will be provided with detailed module handouts, which include a selection of material from primary and secondary sources. Handouts also include various questions that will be discussed in class.

Methods of assessment

Coursework

Assessment type	Notes	% of formal assessment
Essay	1 x 2,500 words	50.00
Essay	1 x 2,500 words	50.00
Total percentage (Assessment Coursework)		100.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 15/05/2017

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