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In this course, you will learn:
- Analyze and comment on important controversies affecting international human rights legislation development.
- Follow the evolution of human rights law using conceptual tools.
- Contribute most effectively to the implementation of international human rights law.
Syllabus:
1. What are human rights?
- The sources of human rights law
- Human rights and the theory of sources
- The special nature of human rights
- The question of reservations to human rights treaties
- The jus commune of human rights
2. To which situations do human rights apply?
- Jurisdiction – an introduction
- Human rights, State sovereignty, and national territory
- The typology of human rights: respect – protect – fulfill
- Situations of emergency and derogations
3. When may human rights be restricted?
- The absolute prohibition of torture and ill-treatment
- Deportation of aliens and the prohibition of ill-treatment
- Limitations to human rights: legitimacy
- Limitation to human rights: legality
- Limitation to human rights: necessity
4. When must the State intervene to protect human rights?
- The State’s duty to protect human rights: introduction
- Waiver of rights
- Conflicts between human rights in inter-individual relationships
- Transnational corporations
5. How much must States do to fulfill human rights?
- The duty to fulfill – introduction
- What are human rights-based policies?
- How is progress measured? Indicators and benchmarks
- How much is enough? “Progressive realization”
6. What is discrimination?
- When does the non-discrimination requirement apply?
- What are the States’ obligations?
- How to address profiling and stereotyping?
- What is discrimination?
7. How are human rights protected at domestic level?
- What is the right to an effective remedy?
- The justiciability of social rights
- The role of National Human Rights Institutions (NHRIs)
8. How are human rights protected at international level?
- The Human Rights Council and the Universal Periodic Review
- The Human Rights Council and its Special Procedures
- UN Human Rights Treaty Bodies and individual communications
