JUS5710 Master’s level (10 credits): A good understanding is required
JUR1710 Bachelor’s level (10 credits): A general understanding is required
Course content
The legal protection of human rights on the international level is a concept that has developed largely since the end of World War II. The United Nations and regional organisations, most notably the Council of Europe, have taken the lead in ensuring respect for human rights through international legal and political mechanisms. This course focuses on the institutions, treaties and practices of these intergovernmental organisations, in addition to international criminal tribunals, providing a perspective of both the normative standards defining international human rights and the means by which they are monitored and implemented.
Achievement requirements
Achievement requirements for master’s level (10 credits):
A good understanding of universal and regional procedures, mechanisms, and institutions in the monitoring of compliance of human rights on the basis of required readings and lectures. A good understanding of the content of selected rights contained within the main international human rights conventions. A good understanding should include analysis based on the practice and interpretation of international organs.
Achievement requirements for bachelor's level (10 credits):
A general understanding of universal and regional procedures, mechanisms, and institutions in the monitoring of compliance of human rights on the basis of required readings and lectures. A general understanding of the content of selected rights contained within the main international human rights conventions. The general understanding should be based on the relevant treaty provisions and an overview of the practice of international organs.
Reading list
JUS5710 Master's Level:
The Faculty of Law at the UiO wishes to promote an increasing emphasis on gender in the education at the Faculty. In pursuing this aim, we strongly recommend that you read the following articles:
- Allwood, Gill “Gender mainstreaming and policy coherence for development: Unintended gender consequences and EU policy”, Women's Studies International Forum, July-August 2013, Vol.39, pp.42-52 (10pp)
- Burman, Monica “Men’s intimate partner violence against Sami women - a Swedish blind spot” , in Special Issue: Gender equality in the Arctic and North; socio-legal and geopolitical challenges, Nordic Journal on Law and Society, Vol.1, No.01-02, pp.194-215.
- Freedman, Jane, Chapter 1 “A Gendered Approach to Refugee and Asylum Studies” in Gendering the International Asylum and refugee Debate. 2nd Edition (London: Palgrave Macmillan, 2015)pp.1-21(20pp)
- Lee, Seryon “Legal Feminism and the UN's Gender Mainstreaming Policy: Still Searching for the Blind Spot”, Journal Of East Asia And International Law, 2013 Fall, Vol.6(2), pp.367-384 (18pp)
- Lovecy, Jill “Gender mainstreaming and the framing of women's rights in Europe: The contribution of the Council of Europe”, Feminist Legal Studies, 2002 (updated in 2006), Vol.10(3), pp.271-283 (13pp)
- Sj?fjell, Beate and Irene Lynch Fannon “Corporate Sustainability. Gender as an Agent for Change?”, in Creating Corporate Sustainability: Gender as an Agent for Change, eds. B. Sj?fjell & I. Lynch Fannon (Cambridge: Cambridge University Press, 2018) pp-305-325 (20pp)
Required Reading:
Chapters in Books:
Economic, Social and Cultural Rights. A Textbook. Second Revised Edition, eds. Asbj?rn Eide, Catharina Krause and Allan Rosas (The Hague: Kluwer Law International, 2001) (32pp):
- Eide, Asbj?rn, ”Economic, Social and Cultural Rights as Human Rights” pp: 9-28 (20pp)
- Rosas, Allan, “The Right to Development”, pp: 119-130 (12pp)
International Protection of Human Rights : A Textbook 2nd, revised edition, eds. Catarina Krause and Martin Scheinin, (Turku: ?bo Akademi University Institute for Human Rights, 2012) (46pp)
- Cusack, Simone and Rebecca J. Cook, “Combatting Discrimination Against Women” pp. 211-242 (31pp)
- Brett Rachel “Non-Governmental Organizations and Human Rights” pp.679-693 (15pp)
Schütter, de Olivier, International Human Rights Law, Cases, Materials, Commentary, (Cambridge: Cambridge University Press, 2014) (about 140pp)
? This casebook includes a large amount excerpts from cases and materials that are supplementary readings:
- The emergence of international human rights, pp.13-146 (133pp )
- The prohibition of discrimination, pp.632-804(173pp)
- The mechanisms of protection, pp.807-1040(234pp)
The text-commentary part of this book is less than 140pp, the remaining pages include relevant cases and materials which are supplementary readings that you may consult in order to understand/determine the law. You will have this kind of supplementary materials indicated for each lecture in CANVAS.
Smith, Rhona, Textbook on International Human Rights, 8th ed.,(Oxford: Oxford University Press 2018). (148pp):
? Pp: 38-51, 182-193 (23pp):The International Bill of Human Rights
? Pp. 195-217 (22pp): Equality and non-discrimination
? Pp: 219-235, 237- 253 (32pp): The right to life and freedom from torture
? Pp: 293-308 (15pp):The right to self-determination
? Pp: 310- 322 (12pp):Freedom of expression
? Pp: 353-374, (21pp): Minority rights; indigenous peoples’ rights
? Pp. 377-400 (23pp): Rights of specific vulnerable persons
Shaping Rights in the ECHR. The Role of the European Court of Human Rights in Determining the Scope of Human Rights, eds. Eva Brems and Janneke Gerards (Cambridge: Cambridge University Press, 2013) (101pp)
- Mowbray, Alister “Between the will of the contracting Parties and the needs of today: extending the scope of Convention rights and freedoms beyond what could have been foreseen by the drafters of the ECHR”, pp.17-37(20pp)
- Leijten, Ingrid “Defining the scope of economic and social guarantees in the case law of the ECtHR”, pp. 109-136 (27pp)
- Brems, Eva “Procedural protection: an examination of procedural safeguards read into substantive Convention rights”, pp. 137-161(24pp)
- Scheinin, Martin “European human rights as universal human rights: in defence of a holistic understanding of human rights”, pp. 259-270(11pp)
- Arnardottir, Oddny Mj?ll “Discrimination as a magnifying lens: scope and ambit under Article 14 and Protocol 12”, pp. 330-349 (19pp)
Universal human rights and extraterritorial obligations, Eds. Mark Gibney and Sigrun Skogly (Philadelphia: University of Pennsylvania Press 2010):
- Nowak, Manfred “Obligations of States to Prevent and Prohibit Torture in an Extraterritorial Perspective”, pp.11-29 (19pp)
Articles:
Alston, Philip, "Against a World Court of Human Rights." Ethics & International Affairs 28(2) (2014).: 197-212.(16pp)
Alston Philip “The General Comments of the UN Committee on Economic, Social and Cultural Rights in Proceedings of the Annual Meeting, American Society of International Law), Vol. 104, International Law in a Time of Change (2010), (Cambridge University Press on behalf of the American Society of International Law) pp. 4-7 (4pp)
Fisher, Aled Dilwyn & Lundberg, Anna Maria C. (2015). Human rights' legitimacy in the face of the global ecological crisis – indigenous peoples, ecological rights claims and the Inter-American human rights system. Journal of Human Rights and the Environment. 6(2), pp. 177-203 (26pp)
Nickel, James W. “Goals and Rights. Working Together” in The Millennium Development Goals and Human Rights. Past, Present and Future, eds. Malcolm Langford, Andy Sumner , Alicia Ely Yamin,, (Cambridge University Press, Online publication date:October 2013) pp.37-48.(12pp)
Nowak Manfred “The Right of Victims of Human Rights Violations to a Remedy: The Need for a World Court of Human Rights”, Nordic Journal of Human Rights, 32:1, (2014):pp. 3-17 (15pp)
Tomuschat, Christian “Human Rights and International Humanitarian Law”, European
Journal of International Law, Volume 21, Issue 1, 1 February 2010, Pp.15–23 (9pp)
TOT: 568pp
You will consult additional supplementary pensum materials, consisting of primary documents such as official documents, relevant decisions and cases from universal or regional institutions, supplementing the reading requirements and lectures. A list of documents are provided for each lecture in CANVAS, and some documents/cases will be available in CANVAS. At each lecture students should prepare to discuss “cases” from the main literature, and the procedures of regional and universal mechanisms will be discussed in depth in seminars, TULSA.
We recommend you to consult the following materials for the review of the UN Treaty Body System in accordance with GA RES 68/268 (2014). Strengthening and enhancing the effective functioning of the human rights treaty body system, see Optimizing the UN Treaty Body System, Academic Platform Report On The 2020 Review, The Geneva Academy of International Humanitarian Law and Human Rights, May 2018.
For developments relating to the Human Rights Council, you are recommended to consult: (1) Early developments: “Righting Historic Wrongs; The First session of the Human Rights Council; "Neither Mountain nor Molehill – UN Human Rights Council One Year On” (the report provides insights into the differences between the Human Rights Council and its predecessor); “Digging Foundations or Trenches – UN Human Rights Council Year 2”; “A Curate’s Egg. UN Human Rights Council: Year 3”, all reports by R. Brett. These reports you find on www.quno.org under Resources, Quaker United Nations Office.
(2) Recent: First Intersessional seminar on the contribution of the Human Rights Council to the prevention of human rights violations (resolution 38/18) – April 2019 https://quno.org/timeline/2019/4/quno-speaks-during-first-intersessional-seminar-contribution-hrc-prevention-human
Please note! Since what you learn in this course is part of International Law, it may be useful that you take some time to consult textbooks in this field to support your understanding of the required readings in the course.
Textbooks on international law, which further explore the subject. These include:
- Cassese, A.,International Law, Second edition,Oxford University Press, 2008;
- Crawford, James, Brownlie’s, Principles of Public International Law, Eight Edition, Oxford: Oxford Press, 2012.
- Evans, MD (ed.), International Law. Second Edition, Oxford: Oxford University Press, 2010
It is also useful to read James Nickel’s Making Sense of Human Rights, 2nd Edition (Malden USA; Oxford UK; Carlton Australia: Blackwell Publishing,2007) in order to get a broad understanding of contemporary conceptions of human rights.
JUR 1710 BACHELOR'S LEVEL
The Faculty of Law at the UiO wishes to promote an increasing emphasis on gender in the education at the Faculty. In pursuing this aim, we strongly recommend that you read the following articles:
- Allwood, Gill “Gender mainstreaming and policy coherence for development: Unintended gender consequences and EU policy”, Women's Studies International Forum, July-August 2013, Vol.39, pp.42-52 (10pp)
- Burman, Monica “Men’s intimate partner violence against Sami women - a Swedish blind spot” , in Special Issue: Gender equality in the Arctic and North; socio-legal and geopolitical challenges, Nordic Journal on Law and Society, Vol.1, No.01-02, pp.194-215(21pp)
- Freedman, Jane, Chapter 1 “A Gendered Approach to Refugee and Asylum Studies” in Gendering the International Asylum and refugee Debate. 2nd Edition (London: Palgrave Macmillan, 2015)pp.1-21(20pp)
- Lee, Seryon “Legal Feminism and the UN's Gender Mainstreaming Policy: Still Searching for the Blind Spot”, Journal Of East Asia And International Law, 2013 Fall, Vol.6(2), pp.367-384 (18pp)
- Lovecy, Jill “Gender mainstreaming and the framing of women's rights in Europe: The contribution of the Council of Europe”, Feminist Legal Studies, 2002 (updated in 2006), Vol.10(3), pp.271-283 (13pp)
- Sj?fjell, Beate and Irene Lynch Fannon “Corporate Sustainability. Gender as an Agent for Change?”, in Creating Corporate Sustainability: Gender as an Agent for Change, eds. B. Sj?fjell & I. Lynch Fannon (Cambridge: Cambridge University Press, 2018) pp-305-325 (20pp)
Required reading:
Chapters in Books:
Economic, Social and Cultural Rights. A Textbook. Second Revised Edition, eds. Asbj?rn Eide, Catharina Krause and Allan Rosas (The Hague: Kluwer Law International, 2001) (32pp):
- Eide, Asbj?rn, ”Economic, Social and Cultural Rights as Human Rights” pp: 9-28 (20pp)
- Rosas, Allan, “The Right to Development”, pp: 119-130 (12pp)
International Protection of Human Rights : A Textbook 2nd, revised edition, eds. Catarina Krause and Martin Scheinin, (Turku: ?bo Akademi University Institute for Human Rights, 2012) (46 pp)
- Cusack, Simone and Rebecca J. Cook, “Combatting Discrimination Against Women” pp. 211-242 (31pp)
- Brett Rachel “Non-Governmental Organizations and Human Rights” pp.679-693 (15pp)
Shaping Rights in the ECHR. The Role of the European Court of Human Rights in Determining the Scope of Human Rights, eds. Eva Brems and Janneke Gerards (Cambridge: Cambridge University Press, 2013) (55pp)
- Mowbray, Alister “Between the will of the contracting Parties and the needs of today: extending the scope of Convention rights and freedoms beyond what could have been foreseen by the drafters of the ECHR”, pp.17-37(20pp)
- Brems, Eva “Procedural protection: an examination of procedural safeguards read into substantive Convention rights”, pp. 137-161(24pp)
- Scheinin, Martin “European human rights as universal human rights: in defence of a holistic understanding of human rights”, pp. 259-270(11pp)
Smith, Rhona, Textbook on International Human Rights, 8th ed.,(Oxford: Oxford University Press 2018) (306pp):
? Pp: 5-26 (21pp): Historical background
? Pp. 27-36, 53-179 (135pp): Institutions and mechanisms
? Pp. 38-51, 182-193 (25pp):The International Bill of Human Rights
? Pp. 195-217 (22pp): Equality and non-discrimination
? Pp: 219-235, 237- 253 (32pp): The right to life and freedom from torture
? Pp: 293-308 (15pp):The right to self-determination
? Pp: 310- 322 (12pp):Freedom of expression
? Pp: 353-374, (21pp): Minority rights; indigenous peoples’ rights
? Pp. 377-400 (23pp): Rights of specific vulnerable persons
Articles:
Nickel, James W. “Goals and Rights. Working Together” in The Millennium Development Goals and Human Rights. Past, Present and Future, eds. Malcolm Langford, Andy Sumner , Alicia Ely Yamin,, (Cambridge University Press, Online publication date:October 2013) pp.37-48.(12pp)
Nowak Manfred “The Right of Victims of Human Rights Violations to a Remedy: The Need for a World Court of Human Rights”, Nordic Journal of Human Rights, 32:1, (2014):pp. 3-17 (15pp)
Tomuschat, Christian “Human Rights and International Humanitarian Law”, European
Journal of International Law, 21(1) 1 February 2010, pp.15–23 (8pp)
TOT: 414 pp
The page indications includes about 60 pp of excerpts from cases and materials as supplementary literature. You will consult additional materials, consisting of primary documents such as official documents, relevant decisions and cases from universal or regional institutions, supplementing the reading requirements and lectures. A list of documents are provided for each lecture in CANVAS and some documents/cases will be made available in CANVAS.
At each lecture students should prepare to discuss “cases” from the main literature, and the procedures of regional and universal mechanisms will be discussed in depth in seminars, TULSA.
We recommend you to consult the following materials for the review of the UN Treaty Body System in accordance with GA RES 68/268 (2014). Strengthening and enhancing the effective functioning of the human rights treaty body system, see Optimizing the UN Treaty Body System, Academic Platform Report On The 2020 Review, The Geneva Academy of International Humanitarian Law and Human Rights, May 2018.
Please note! Since what you learn in this course is part of International Law, we strongly recommend that you read: Burgenthal,T.and Murphy, S.D., Public International Law in a Nutshell. Fourth Edition, St.Paul,MN: Thomson/West, 2007, to support your understanding of the required readings in the course.
There are other textbooks on international law, which further explore the subject, e.g. Brownlie, I., Principles of International Law, Eight Edition, (Oxford: Oxford University Press, 2012).
It is useful to read James Nickel’s Making Sense of Human Rights, 2nd Edition (Malden USA; Oxford UK; Carlton Australia: Blackwell Publishing,2007) in order to get a broad understanding of the contemporary conception of human rights.