International Human Rights

Syllabus

Instructor: Megumi Ochi

Ritsumeikan University

Graduate School of International Relations

--- CONTENTS ---

International human rights underlie every aspect of modern international relations. States have attempted to set standards of human rights protection with deep regret of the atrocity that occurred during the periods of World Wars. In the system of the United Nations, human rights are recognized as one of the two pillars, and various human rights instruments and bodies have been established.

The notable recent development is the concept and practice of the "realization of human rights" through remedying the actual harm. The practice of international organizations and civil societies of collecting information and publishing records of human rights violations gives the effect of naming and shaming, and eventually leads to criminal prosecution of the violators. Furthermore, actual payment of reparation for the harm of human rights violations is becoming a real solution for justice and empowerment. In addition, a new concept of transformative justice pushes governments to take action to transform society and structural imbalances that have induced human rights violations.

This course pays special attention to the realization of human rights, including the concepts of restorative justice, transitional justice, and transformative justice.

--- STYLE ---

This course consists of:
- the first half of the course will be lectures on the basics about international human rights law and mechanisms; and
- the second half of the course will be dedicated to the special classes on realisation of human rights; and

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Students will become able to:
- discuss the challenges of international human rights regimes; and
- develop their original ideas about human rights protection using the technical terms and concepts of international human rights law.

Course instruction

* No in-class session
* Visit the "Recourse" page

Assignment for next week:
Boersema chapter 1

What are human rights?

Objective:
To become able to discuss on what human rights are.
1. Lecture
2. Discussion
3. Instruction on assignment

Assignment for next week:
Read Universal Declaration of Human Rights, Christina M. Cerna, "Universality of Human Rights and Cultural Diversity: Implementation of Human Rights in Different Socio-Cultural Contexts," Human Rights Quarterly 16, no. 4 (1994): 740-752

Universality

Objective:
To become able to discuss on the issue of universality of human rights.
0. Students briefing or mini-test
1. Lecture
2. Discussion
3. Instruction on assignment

Assignment for next week:
Read ICCPR, CAT, CPED, Bantekas chapter 8

Freedom

Objective:
To become able to explain the contents and challenges of civil and political rights.
0. Students briefing or mini-test
1. Lecture
2. Discussion
3. Instruction on assignment

Assignment for next week:
Read ICERD, CEDAW, Bantekas chapter 11

５

Non-discrimination

Objective:
To become able to explain the contents and challenges of norms on non-descrimination.
0. Students briefing or mini-test
1. Lecture
2. Discussion
3. Instruction on assignment

Assignment for next week:
Read ICESCR, Bantekas, chapter 9, 14

６

Well-being

Objective:
To become able to explain the contents and challenges of economic and social rights.
0. Students briefing or mini-test
1. Lecture
2. Discussion
3. Instruction on assignment

Assignment for next week:
Read CRC, ICMW, CRPD, Bantekas chapter 12, 13

8-14

Realization of human rights

Objective:
To become able to discuss on how to realize rights of the victims of human rights violations.

--- 8 Victims' right to remedy, restorative justice and transitional justice ----
1. Lecture
2. Discussion
3. Instruction on assignment
Assignment for next week:
Read the summary of the case of Gonzalez, Monreal and Monarrez (“Cotton Field”) v. Mexico, at https://blogs.lse.ac.uk/vaw/landmark-cases/a-z-of-cases/gonzalez-et-al-v-mexico/

--- 9 -14 Transformative justice ----
In each class, students will be assigned to read and present literatures on the issue.

1. Literature reviews on the selected chapters of:
- Matthew Evans (ed.), Beyond Transitional Justice: Transformative Justice and the State of the Field (or non-field) (Routledge, 2022)
- Paul Gready and Simon Robins (eds.), From Transitional to Transformative Justice (Cambridge University Press, 2019)
- Matthew Evans (ed.), Transitional and Transformative Justice: Critical and International Perspectives (Routledge, 2019)
- Matthew Evans (ed.), Transformative Justice: Remedying Human Rights Violations Beyond Transition (Routledge, 2018)
2. Discussion

Wrap-up

Instrution for the final paper

Readings

Universal Human Rights in Theory and Practice: Third EditionJack DonnellyCornell University Press, 2013
International Human Rights Law and Practice, Third EditionIlias Bantekas and Lutz OetteCambridge University Press, 2020
Philosophy of Human Rights: Theory and PracticeDavid BoersemaRoutledge, 2018
International Human Rights Law: Cases, Materials, Commentary, Third editionOlivier De SchutterCambridge University Press, 2019
Matthew Evans (ed.), Beyond Transitional Justice: Transformative Justice and the State of the Field (or non-field) (Routledge, 2022)
Paul Gready and Simon Robins (eds.), From Transitional to Transformative Justice (Cambridge University Press, 2019)
Matthew Evans (ed.), Transitional and Transformative Justice: Critical and International Perspectives (Routledge, 2019)
Matthew Evans (ed.), Transformative Justice: Remedying Human Rights Violations Beyond Transition (Routledge, 2018)