Pols 293 Special Topics: The Theory and Practice of Human Rights

Fall 2012 Tuesdays and Thursdays, 17.00-18.15 Padre Rubio Hall, Room 7 Thurs 1st September Weds 14th December Instructor: Juan J. Garca Blesa, PhD (jgarci43@slu.edu) Office hours: Tuesdays and Thursdays, 18.15-19.15 Loyola Hall, First Floor

Prerequisite (IR majors - Madrid Campus): POLS-160 Introduction to International Politics Introduction: Welcome to the Theory and Practice of Human Rights. In this course, we are going to critically examine what writer Micheline Ishay (2004, p. 2) calls humankinds noblest aspirations universal human rights. To do so, we will examine: from when and where human rights have emerged; the theory and philosophy that underpins human rights; the full extent of human rights in the present; the documents, treaties, agreements and institutions on which the they are based; and crucially, how (and if) human rights are employed in practice. When looking in detail at all of these areas, we will also be touching on some of the key controversies that surround human rights and their application. This in-depth approach is intended to equip you with a full and detailed understanding of both the theory and practice of universal human rights. Course aims and learning outcomes: The aims of the course are: 1. To provide a broad overview of the development of international human rights politics before and since the signing of the 1948 Universal Declaration of Human Rights; 2. To examine the ideas, theories, and practical implications of human rights in a rapidly globalising world; 3. To investigate the politics of human rights through global issues and country-based case studies; 4. To analyse the problems of compliance in international human rights regimes;

Pols 293 The Theory and Practice of Human Rights Fall 2010

After completing the course the student should be able to: 1. Critically evaluate theories of universal human rights and cultural relativism; 2. Analyse the problems involved in asserting universal human rights across political and cultural divides 3. Analyse the political development of human rights through comparative study; 4. Evaluate the effectiveness of emerging global human rights regimes.

Arts & Sciences Grading Scale can be accessed at: http://www.slu.edu/x6352.xml Grade Points: A AB+ B BC+ C CD F 4.0 3.7 3.3 3.0 2.7 2.3 2.0 1.7 1.0 0.0 93%-100% 90%-92% 87%-89% 83%-86% 80%-82% 73%-79% 67%-72% 60%-66% 50%-59% 0-49% Grade Components: Course Credits: 3

25% Mid-Term Exam 25% Paper 30% Final Exam 20% Class Participation

Requirements: Students should complete the readings before the date for which they are listed in the course outline. Students will be graded on the basis of class participation, midterm exams and a final paper.
Last Day to Drop a Class Without a Grade of W and/or to Add a Class: Tue., 14th September Last Day to Choose Audit (AU) or Pass/No Pass (P/NP) Options: Wed., 29th September Last Day to Drop a Class and Receive a Grade of W: Fri., 29th October

Important Dates Sept. 17 Last day to drop a class without a grade of W or to add a class Oct. 4 Last day to choose audit (AU) or pass/no pass (P/NP) options Oct. 15 - Last day to submit transfer application for spring semester Nov. 2 Last day to drop a class and receive a grade of W Nov. 7 Registration for spring semesters open

Accommodation Statement In recognition that people learn in a variety of ways and that learning is influenced by multiple factors (e.g., prior experience, study skills, learning disability), resources to support student success are available on campus. Students who think they might benefit from these resources can find out more about: 2

Pols 293 The Theory and Practice of Human Rights Fall 2010 Course-level support (e.g., faculty member, departmental resources, etc.) by asking your course instructor. University-level support (e.g., tutoring/writing services, Disability Services) by visiting the Academic Dean's Office (San Ignacio Hall) or by going to http://spain.slu.edu/academics/learning_resources.html. Students who believe that, due to a disability, they could benefit from academic accommodations are encouraged to contact Disability Services at +34 915 54 58 58, ext. 204, send an e-mail to counselingcenter-madrid@slu.edu, or to visit the Counseling Office (San Ignacio Hall). Confidentiality will be observed in all inquiries. Course instructors support student accommodation requests when an approved letter from Disability Services has been received and when students discuss these accommodations with the instructor after receipt of the approved letter. Academic Honesty and Plagiarism The University is a community of learning, whose effectiveness requires an environment of mutual trust and integrity, such as would be expected at a Jesuit, Catholic institution. As members of this community, students, faculty, and staff members share the responsibility to maintain this environment. Academic dishonesty violates it. Although not all forms of academic dishonesty can be listed here, it can be said in general that soliciting, receiving, or providing any unauthorized assistance in the completion of any work submitted toward academic credit is dishonest. It not only violates the mutual trust necessary between faculty and students but also undermines the validity of the Universitys evaluation of students and takes unfair advantage of fellow students. Further, it is the responsibility of any student who observes such dishonest conduct to call it to the attention of a faculty member or administrator. Examples of academic dishonesty would be copying from another student, copying from a book or class notes during a closed-book exam, submitting materials authored by or editorially revised by another person but presented as the students own work, copying a passage or text directly from a published source without appropriately citing or recognizing that source, taking a test or doing an assignment or other academic work for another student, tampering with another students work, securing or supplying in advance a copy of an examination without the knowledge or consent of the instructor, and colluding with another student or students to engage in an act of academic dishonesty. Where there is clear indication of such dishonesty, a faculty member or administrator has the responsibility to apply appropriate sanctions. Investigations of violations will be conducted in accord with standards and procedures of the school or college through which the course or research is offered. Recommendations of sanctions to be imposed will be made to the dean of the school or college in which the student is enrolled. Possible sanctions for a violation of academic integrity include, but are not limited to, disciplinary probation, suspension, and dismissal from the University. The complete SLU Academic Honesty Policy can be found at the following link: http://spain.slu.edu/academics/academic_advising/docs/Academic_integrity.pdf

Pols 293 The Theory and Practice of Human Rights Fall 2010 Classroom Philosophy You are required to attend each class session prepared to participate and think critically during lecture and discussion sessions. I trust you will be able to sustain a mutually respectful classroom atmosphere by treating all classmates as equals. All required assignments are to be submitted on time (daily drop of 5% in grade). You are expected to read up on issues covered during class in the course book. Essays that are handed in late will be marked down by 5% a day. With regard to matters pertaining to academic honesty and plagiarism, you are reminded that cheating is a deplorable behaviour, which leads to an F grade and possible expulsion from the University. Tardiness is at best a rude disruption to your fellow classmates who are punctual, and except for legitimate reasons (doctors letter certifying illness for example), you are expected to attend all class session. Lateness and absence (more than 3 times) will be reflected in your final overall course grades (dropping 10% for every three absences).

Pols 293 The Theory and Practice of Human Rights Fall 2010

The Theory and Practice of Human Rights Fall 2012 Tuesdays and Thursdays, 17:00-18:15 Padre Rubio Hall, Room 7 COURSE SCHEDULE

Course Books: Callaway, RL and Harrelson-Stephens, J (2007), Exploring International Human Rights: Essential Readings, Colorado, Lynne Rienner Course Reader available in the book shop

Course Timetable: Tuesday 4 September General Introduction Handing out the course description/syllabus/course reader Thursday 6 September Introduction to Course Reading: Ishay, pp. 1-14/ Freeman, pp. 1-13

PART I THE ORIGINS AND DEVELOPMENT OF HUMAN RIGHTS

Tuesday 11 September The Historical Development of Human Rights - Part 1: From the Ancient Period to the Enlightenment Reading: Ishay, pp. 15-27/Freeman, pp. 14-31/Callaway and Harrelson-Stephens, pp. 21-23 Thursday 13 September The Historical Development of Human Rights - Part 2: From the Enlightenment to Industrialisation Reading: Ishay, pp. 63-83 Tuesday 18 September The Historical Development of Human Rights - Part 3: From Industrialisation to 1945 Reading: Ishay, pp. 117-144 Thursday 20 September The Basis for Humankinds Noblest Aspirations: The Universal Declaration of Human Rights Reading: Freeman, pp. 32-54/Ishay, pp. 199-229/Callaway and Harrelson-Stephens, pp. 6998
5

Pols 293 The Theory and Practice of Human Rights Fall 2010

Tuesday 25 September The Basis for Humankinds Noblest Aspirations: the Two Covenants and the 6 Core Treaties Reading: Callaway and Harrelson-Stephens, pp. 1-20

PART II CONTROVERSIES/KEY CHALLENGES

Thursday 27 September What are Rights? Are Rights Achievable? Part 1 Reading: Freeman, pp. 55-75/ Callaway and Harrelson-Stephens, pp. 1-20 Tuesday 2 September What are Rights? Are Rights Achievable? Part 2 Reading: Freeman, pp. 55-75/ Callaway and Harrelson-Stephens, pp. 1-20 Thursday 4 October Universal for Whom? - Part 1: First and Second Generation Rights Reading: Freeman pp. 42-48/Supplementary reading Tuesday 9 October Universal for Whom? - Part 2 The Problem of Cultural Relativism and Human Rights/Mid-term exam revision Reading: Freeman, pp. 101-130/ Callaway and Harrelson-Stephens, pp. 109-112 Thursday 11 October Mid-term exam (grades are due to be entered into SLU database on 22nd of October) Tuesday 16 October Cultural Relativism 1: Asian Values and Human Rights Reading: Callaway and Harrelson-Stephens, pp. 112-121 Thursday 18 October Cultural Relativism 2: Islam and Human Rights Reading: Callaway and Harrelson-Stephens, pp. 122-131 Tuesday 23 October Cultural Relativism 3: Africanist Perspectives and Human Rights Reading: Callaway and Harrelson-Stephens, pp. 132-140 Thursday 25 October Cultural Relativism Conclusion: Are Universal Human Rights Universal? Reading: Reading: Freeman, pp. 101-130/ Callaway and Harrelson-Stephens, pp. 109-112

Pols 293 The Theory and Practice of Human Rights Fall 2010

PART III HUMAN RIGHTS IN PRACTICE

Tuesday 30 October Globalisation and Human Rights 1 Reading: Callaway and Harrelson-Stephens, pp. 235-254 Thursday 1 November Public Holiday (University Closed) Tuesday 6 November Globalisation and Human Rights 2 Reading: Freeman, pp. 148-168 Thursday 8 November Human Rights and World Poverty 1 Reading: Handout Tuesday 13 November Human Rights and World Poverty 2 PAPER PROPOSAL DEADLINE*** Reading: Callaway and Harrelson-Stephens, pp. 265-270 Thursday 15 November Human Rights and the War on Terror 1 Reading: Callaway and Harrelson-Stephens, pp. 271-9 Tuesday 20 November Human Rights and the War on Terror 2 Reading: Callaway and Harrelson-Stephens, pp. 282-295 Thursday 22 November Amnesty International and Human Rights Reading: Handout Tuesday 27 November Amnesty International and Human Rights Documentary film Thursday 29 November Rights and Humanity and the Human Rights Approach Reading: Handout Tuesday 4 December Democracy, Rule of Law and Human Rights FINAL PAPER DEADLINE *** Reading: Handout Thursday 6 December Public Holiday (University Closed)

Pols 293 The Theory and Practice of Human Rights Fall 2010

Tuesday 11 December Human Rights and the Global Citizen Reading: Handout Thursday 13 December Humankinds Most Noble Aspirations? Concluding Comments ***Wednesday 18 December *** Final Exam Session Returning graded papers COURSE READING:

Course Books: Callaway, RL and Harrelson-Stephens, J (2007), Exploring International Human Rights: Essential Readings, Colorado, Lynne Rienner Course Reader

ADDITIONAL READING LIST Abouharb, MR & Cingranelli, D (2007), Human Rights and Structural Adjustments, Cambridge, Cambridge University Press Alston, P & Macdonald, E (2008), Human rights, Intervention and the Use of Force, Oxford, Oxford University Press Alston, P, Goodman, R and Steiner, H (2007), Human Rights in Context: Law, Politics, Morals, Oxford, OUP Ashby-Wilson, R (2005), Human Rights in the War on Terror, Cambridge, Cambridge University Press Campbell, T, Goldsworthy, J and Stone, A (2003), Protecting Human Rights: Instruments and Institutions, Oxford, Oxford University Press Caney, S (2001) Human Rights and Global Diversity, Cass Caney S (2006), Justice Beyond Borders: A Global Political Theory, Oxford, Oxford University Press Chomsky, N & Herman, E (1979), The Political Economy of Human Rights Vol.1: The Washington Connection and Third World Fascism, Spokesman

Pols 293 The Theory and Practice of Human Rights Fall 2010

Chomsky, N & Herman, E (1979), The Political Economy of Human Rights Vol. 2: After the Cataclysm: Postwar Indochina and the Reconstruction of Imperial Ideology , Spokesman Fenwick, H (2002), Civil Liberties and Human Rights in England and Wales, Oxford, Oxford University Press Fleiner, T (1999), What are Human Rights? Blackstone Freeman, M (2002) Human Rights: An Interdisciplinary Approach, Oxford, Polity Hunt, L (2008), Inventing Human Rights: A History, New York, Norton Ishay, MR (2008), The History of Human Rights: From Ancient Times to the Globalisation Era, University of California Press, California. Ishay, MR (2007), The Human Rights Reader: Major Political Essays, Speeches and Documents From the Ancient Time to the Present, New York, Routledge Jones, P (1994) Rights, London, Palgrave Lacquer, W & Rubin, B (1979), The Human Rights Reader, Meridan Pogge, T (2008), World Poverty and Human Rights: Cosmopolitanism Responsibilities and Reforms, Cambridge, Blackwell Rose, D (2004), Guantanamo: Americas War on Human Rights, London, Faber and Faber Rosenbaum, AS (1980), The Philosophy of Human Rights: International Perspectives, London, Aldwych Weiss, TG (2004), Wars on Terrorism and Iraq: Human Rights, Unilateralism, and US Foreign Policy, London, Routledge Woodiwiss, A (2005), Human Rights, London, Routledge

EXTENSIVE HUMAN RIGHTS READING LIST (The following titles may not be in the library at SLU Madrid but are listed here for those students who want to take their human rights reading further). Abouhard, MR (2007), Human Rights and Structural Adjustment, Cambridge, Cambridge University Press Addis, M and Marrow, P (eds) (2005), Your Rights: The liberty guide to Human Rights, London, Pluto Press Ackerly, b (2008), Universal Human Rights in a World of Difference, Cambridge, CUP Addo, MK (2006), International Law of Human Rights, Aldershot, Ashgate

Pols 293 The Theory and Practice of Human Rights Fall 2010

Agamben, G (2005), State of Exception, Chicago, Chicago University Press Aliston, P (1992), The United Nations and Human Rights: A Critical Appraisal, Oxford, Clarendon Press Alston, P (1995), Promoting Human Rights Through Bills of Rights: Comparative Perspectives, Oxford, Oxford University Press Alston, P (1999), The EU and Human Rights, London, Oxford University Press Alston, P (2000), Peoples Rights, Oxford University Press Alston, P, Goodman, R and Steiner, H (2007), Human Rights in Context: Law, Politics, Morals, Oxford, OUP Baxi, U (2002), The Future of Human Rights, Oxford, OUP Beitz, C (2009), The Idea of Human Rights, Oxford, OUP Boggio, A (2006), The Global Enforcement of Human Rights: The Unintended Consequences of Transnational Litigation, The International Journal of Human Rights, Vol. 10, Issue 4, pp. 325 340 Borbor, D (2008), Irans Contribution to Human Rights, the Rights of Women, and the Democracy, Iran and the Caucasus, Vol. 12, No. 1, pp. 101-121 Brems, E (2001), Human Rights: Universality and Diversity, Cambridge Brems, E (2005) Conflicting Human Rights: An Exploration in the Context of the Right to a Fair Trial in the European Convention for the Protection of Human Rights and Fundamental Freedoms, Human Rights Quarterly, Vol. 27, pp. 294-326 Brown, C (1997), Universal Human Rights: A Critique, The International Human Rights Journal, 1 (2), pp. 41-65 Brysk, A (2005), Human Rights and Private Wrongs: Constructing Global Civil Society, London, Routledge Cardenas, S (2005), Constructing Rights? Human Rights, Education and the State, International Political Science Review, Vol. 26, pp. 363-379 Ci, J (2005), Taking the Reasons for Human Rights Seriously, Political Theory, Vol. 33, No. 2, pp. 243-265 Claude, RP and Weston, BH (2006), Human Rights in the World Community: Issues and Action, Pennsylvania, University of Pennsylvania Press Clapham, A (2007), Human Rights: A Very Short Introduction, Oxford, Oxford University Press.

10

Pols 293 The Theory and Practice of Human Rights Fall 2010

Clayton, T (2009), The Law of Human Rights: Volume 1, Oxford, Oxford University Press Clayton, T (2009), The Law of Human Rights: Volume 1, Oxford, Oxford University Press Cohen, S (2009), Human Rights and Crimes of The State, in Whyte, D, Crime of The Powerful: A Reader Colvin, M and Cooper, J (2009), Human Rights and the Investigation of and Prosecution of Crime, London, Oxford University Press Contessi, N (2009), The Liberal Project and Human Rights: The Theory and Practice of a New World Order, Canadian Journal of Political Science, 42 (4), pp. 1058-1059 Cranston, M (1973), What Are Human Rights?, London Crawshaw, R (2007), Human Rights and Policing, Leiden, Martinus Nijhoff Cruft, R (2010), Are Property Rights Ever Basic Human Rights?, The British Journal of Politics and International Relations, 12, pp. 142-154 Cruft, R (2010), Critical Studies Two Approaches to Human Rights, The Philosophical Quarterly, 60 (238), pp. 176-182 Davies, P (1988) Human Rights, New York, Routledge Davies, H (2003), Human Rights and Civil Liberties, Portland, Willan Publishing Deshowitz, A (2004), Rights from Wrongs: A Secular Theory of the Origins of Rights, Basic Books, New York Donnelly, J (1982), Human rights and Human Dignity: An Analytical Critique of NonWestern Conceptions of Human Rights, The American Political Science Review, 76 (2), pp. 303-316 Donelly, J (2003), Universal Rights in Theory and Practice, USA, Cornell University Press Dunne, T and Wheeler, J (1999), Human Rights in Global Politics, Cambridge, Cambridge University Press Duner, B (2001), Violence for Human Rights, International Journal of Human Rights, 5 (2), pp. 46-71 Engler, M (2000), Toward the Rights of the Poor: Human Rights in Liberation Theology, The Journal of Religious Ethics, vol. 28, iss. 3, pp. 339-365 Evans, T (2005), The Politics of Human Rights: A Global Perspective, (2nd edn), London, Routledge Falk, R (2004), Human Rights, Foreign Policy, No. 141, pp. 18-28

11

Pols 293 The Theory and Practice of Human Rights Fall 2010

Fenwick, H and Phillipson, G (2006), Media Freedom under the Human Rights Act, Oxford, OUP Feyter, KD (2005), Human Rights: Social Justice in the Age of the Market, New York, Zed Books Follesdal, A (2009), The Legitimacy of International Human Rights Reviews: The Case of the European Court of Human Rights, Journal of Social Philosophy, 40 (4), pp. 459-307 Forsythe, D (2006), Human Rights in International Relations, UK, Cambridge University Press Foster, S (2008), Human Rights and Civil Liberties, London, Longman. Fortin, J (2006), Accommodating Childrens Rights in a Post-Human Era, Modern Law Review, vol. 69, iss. 3 Frank, TM (2001), Are Human Rights Universal?, Foreign Affairs, Vol. 80, No. 1, pp. 191204 Glendon, MA (2001), A World Made New: Eleanor Roosevelt and the Universal Declaration Of Human Rights, U.S.A, Random House Trade Paperbacks Gourevitch, A (2009), Are Human Rights Liberal?, Journal of Human Rights, 8 (4), pp. 301-322 Greer, s and Williams, A (2009), Human Rights in the Council of Europe: Towards Individual, Constitutional, or Institutional Justice?, European Law Journal, 15 (4), pp. 462481. Haas, M (2008), International Human Rights: A Comprehensive Introduction, London, Routledge Hoffman, D and Rowe, J (2009), Human Rights in the UK: An Introduction to the Human Rights Act 1998, New York, Longman Kalny, E (2009), Against Superciliousness: Revisiting the Debate 60 Years After the Adoption of the Universal Declaration of Human Rights, Critique of Anthropology, 29 (4), pp. 371-395 Kicza, JE (2008), The Europeanization of the World: On the Origins of Human Rights and Democracy, Renaissance Quarterly, 61 (3), pp. 958-959 Kolstad, I (2009), Human Rights and Assigned Duties: Implications for Corporations, Human Rights Review, 10 (4), pp. 308-326 Landman, T (2004), Measuring Human rights: Principle, Practice and Policy, Human Rights Quartely, 26 (4) pp. 906-931

12

Pols 293 The Theory and Practice of Human Rights Fall 2010

Landman, T (2006), Studying Human Rights, Oxon, Routledge Loveland, I (2009), Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction, Oxford, Oxford University Press McCorquodale, R and Fairbrother, R (1999), Globalisation and Human Rights, Human Rights Quarterly, 21 (3), pp. 735-66 McCrudden (2008), Human Dignity and Judicial Interpretation of Human Rights, The European Journal of International Law, 19 (4), pp. 655-724 McFarland, S and Matthews, M (2005), Who cares about Human Rights?, Political Psychology, Vol. 26, No 3, pp. 365-385 Meron, T (1986), On a Hierarchy of International Human Rights, American Journal of International Law, Vol. 80 Meskell, L (2009), Talking of Human Rights: Histories, Heritages, and Human Remains, Reviews in Anthropology, 38 (4), pp. 308-326 Morsink, J (1999), The Universal Declaration of Human Rights: Origins, Drafting, and Intent, Pennsylvania, University of Pennsylvania Press Nash, K (2009), Between Citizenship and Human Rights, Sociology, 43 (6), pp. 1067-1084 Neumayer, E (2005), Do International Human Rights Treaties Improve Respect for Human Rights?, The Journal of Conflict Resolution, Vol. 49, No. 6, pp. 925-953 Nickel, JW (2007), Making Sense of Human Rights, Oxford, Blackwell Publishing. OBrien, N (2008), Equality and Human Rights Foundations of a Common Culture, Political Quarterly, vol. 79, iss. 1 Orend, B (2002), Human Rights: Concept and Context, New York, Broadview Press Ltd Osler, A (2008), Citizenship and Education: Re-imagining a Cosmopolitan Nation, London Review of Education, vol. 6, no. 1, pp. 11-15 Pagden, A (2003), Human Rights, Natural Rights, and Europe's Imperial Legacy, Political Theory, Vol. 31, No. 2, pp. 171-199 Petley, J (2009), What Rights? Whose Responsibilities?, Soundings, 43, pp. 77-88 Pierce, G (2009), Make sure you say that you were treated properly, London Review of Books, 31, (9). Pogge, T (2000), The International Significance of Human Rights, The Journal of Ethics, 4 (1), pp. 45-69

13

Pols 293 The Theory and Practice of Human Rights Fall 2010

Relano, E (2010), Education, Pluralism, and Freedom Of Religion: Recent Decisions Of The European Court Of Human Rights, The British Journal Of Religious Education, vol 32, no. 1, pp. 19-29 Richardson, G (2008), Coercion and Human Rights: A European Perspective, Journal of Mental Health, Vol. 17, pp. 245-254 Rolston, B & Scraton, P (2005), In the Full Glare of English Politics: Ireland, inquiries and the British State., British Journal of Criminology, 45, pp. 547-564. Schorlemer, S (2003), Human Rights: Substantive and Institutional Implications of the War Againts Terror, The European Journal of International Law, 14 (2), pp. 265-282 Shute, S and Hurley, S (1994), On Human Rights, London, Basic Books Smith, C (2004), Representing the enemy: human rights and the war on terror, Criminal Justice Matters, 58, (1), pp. 44-47 Stone, R (2008), Text book on Civil Liberties and Human Rights, Oxford, Oxford University Press Twiss, SB (2004), History, Human Rights, and Globalization, The Journal of Religious Ethics, Vol. 32, No. 1, pp. 39-70 Wadham, J (2009), Blackstones Guide to the Human Rights Act 1998, Oxford, OUP Winston, M (2007), Human Rights as Moral Rebellion and Social Construction, Journal of Human Rights, 6 (3) pp. 279-305 Woodiwis, A (2002), Human Rights and the Challenge of Cosmopolitanism, Theory, Culture, and Society. 19 (1-2), p. 139-155 Xenos, D (2009), The Human Rights of the Vulnerable, International Journal of Human Rights, 13 (4), pp. 591-614

14