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JOHN CABOT UNIVERSITY

COURSE CODE: "PL 324"
COURSE NAME: "Human Rights"
SEMESTER & YEAR: Summer Session II 2014
SYLLABUS

INSTRUCTOR: Pamela Harris
EMAIL: [email protected]
HOURS: MTWTH 11:00 AM 12:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES: Prerequisite: Junior Standing
OFFICE HOURS:

COURSE DESCRIPTION:
This course explores the different functions of human rights discourse in contemporary global politics.  Starting from a philosophical consideration of the nature of human rights, we will turn to an historical account of the rise and establishment (and legitimacy crisis?) of the modern, universalist human rights regime, and its relationship to local and traditionally-rooted differences.  We will then look at different aspects of this regime: the politics of transnational advocacy and multilateral naming and shaming, and the law of regional human rights courts. Students will engage with specific rights – such as privacy, freedom of expression, freedom of religion, security and sustainable development – in depth, though coursework and individual and group projects. We will critically examine the potential of human rights law and politics to address the threshold problems of poverty and human exploitation, paying specific attention to the role of both states and businesses.  By the end, students will gain an interdisciplinary perspective on the constructive power of human rights, as well as the rich realist and humanist criticisms of it.  This will enable them to pursue human rights advocacy, projects and careers with greater self-awareness and a greater sense of political responsibility for well-intentioned human rights outcomes.   
SUMMARY OF COURSE CONTENT:

1.         Introduction: What are Human Rights?

2.         History of Human Rights

3.         Human Rights, Imperialism and Self-Determination: universalism v. relativism; women’s human rights

4.         Human Rights as Politics: global multilateral institutions for naming and shaming

5.         Human Rights as Law: regional and national courts for declaring violations

6.         Civil and Political Rights

            a.         Freedom of Expression

            b.         Freedom of Religion

            c.         Privacy

            d.         Security and Physical Integrity

7.         Economics, Business and Human Rights

8.         Critical Assessments

LEARNING OUTCOMES:

Students will gain a critical understanding of the political, legal and ethical significance of human rights in contemporary international affairs. They will learn how to frame an advocacy project, and refine their writing and oral presentation skills.

TEXTBOOK:
Book TitleAuthorPublisherISBN numberLibrary Call NumberCommentsFormatLocal BookstoreOnline Purchase
International Human Rights, 4th EditionJack DonnellyWestview Press978-0813345017     
REQUIRED RESERVED READING:
Book TitleAuthorPublisherISBN numberLibrary Call NumberComments
Human RightsMichael FreemanPolity978-0745639666JC 571.F675 
Human Rights in Political TransitionsCarla Hesse & Robert Post, eds.Zone Books9781890951009 JC571 .H769526 
The Shock DoctrineNaomi KleinAllen Lane9781846140280 HB95 .K54 
International Human RightsAlston, et. alOxford978-0199578726  

RECOMMENDED RESERVED READING:
Book TitleAuthorPublisherISBN numberLibrary Call NumberComments
Examining Critical Perspectives on Human RightsDickenson, et. al. Cambridge9781107006935K3240.E964 
The Legitimacy of International Human Rights RegimesFollesdal, et. al.Cambridge981107034600K3240.L45 
Human Rights Obligations of BusinessDeva, et. al. Cambridge978110703687HD60.H855 
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Mid-term examreading comprehension, analysis and essay questions20%
Participationprepared and active attendance, contribution to the class discussion10%
online forum contributionsYou will be expected to post at least one short paragraph on the relevant Moodle forum by 10:30 a.m. on the day of each class. You will receive a B+ grade for this assessment simply if you post on time for each class. Thoughtful, careful contributions will be valued more highly. You may miss two posts without excuse, more than that will count against your grade for this assessment. 15%
Final exam  30%
Paper7-10 page paper on a human rights topic of your choice, to be approved by the instructor25%

-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the issue and demonstrates a nuanced understanding of the strongest arguments on both sides, and a creative resolution.
BThis is highly competent level of performance and directly addresses the question or problem raised. There is a demonstration of some ability to critically evaluate theory and concepts and relate them to practice. Work at this level demonstrates an ability to provide strong reasons for a certain position. Discussions reflect the student’s own critical assessment, going beyond the simple description of lecture and reference material.
CThis is an acceptable level of performance and provides answers that are clear but limited, describing the basic information offered in the lectures and reference readings, but not critically engaging with it.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material. Important information is omitted, irrelevant points included, or basic errors have been made.
FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant or wrong.

-ATTENDANCE REQUIREMENTS:
Class participation, for which attendance is an basic component, is worth 10% of your final grade. After 2 unexcused absences, this part of your grade will start to suffer.
ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.
STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.

SCHEDULE

1.         Intro, History (June 30)

Background:

  • Donnelly, ch. 1 (Human Rights as an Issue in World Politics)
  • Samuel Moyn, The Last Utopia (Cambridge, MA: Harvard University Press, 2010), 1-43.

2.         What are Human Rights? (July 1)

  • Donnelly, ch. 2 (Theories of Human Rights)
  • David Kennedy, “The International Human Rights Movement: Part of the Problem?,” in Harvard Human Rights Journal 15 (2001), esp 108-125.

Recommended:
Owen Fiss, “Human Rights as a Social Ideal,” in Human Rights in Political Transitions: Gettysburg to Bosnia, ed. Carla Hesse and Robert Post (New York: Zone, 1999). See also“The Dictates of Justice: Essays on Law and Human Rights - A Book Talk With Owen Fiss,”
http://vimeo.com/36422932
Michael Ignatieff, Human Rights as Politics and Idolatry (Princeton: Princeton University Press, 2001), 3-100. 

3.         Human Rights, Imperialism and Self-Determination: universalism vs. relativism (July 2)
  • Donnelly, ch. 3 (The Relative Universality of Human Rights)
Recommended:
Freeman, ch. 6 (Universality, Diversity and Difference: Culture and Human Rights)
Rob Dickinson, “Universal Human Rights: a challenge too far,” in Examining Critical Perspectives on Human Rights, ed. Rob Dickinson, Elena Katselli, Colin Murry and Ole W. Pedersen (Cambridge: Cambridge University Press, 2013), 19-34.
Samuel Moyn, The Last Utopia (Cambridge, MA: Harvard University Press, 2010), 84-119
.        

4.       Women’s Human Rights (July 3)
  • Susan Moller Okin, “Feminism, Women's Human Rights, and Cultural Differences” Hypatia, Vol. 13, No. 2, Border Crossings: Culticultural and postcolonial Feminist Challenges to Philosophy (Part 1) (Spring, 1998), pp. 32-52.
  • Catharine A. MacKinnon, “Are Women Human?,” in Reflections on the Universal Declaration of Human Rights: A Fiftieth Anniversary Anthology, ed. Barend Van Der Heiden, Bahia Tahzib-Lie (The Hague: Kluwer Law International, 1998).

5.         Human Rights as Politics: transnational naming and shaming (July 7)

  • Donnelly, ch. 5 (Global Multilateral Mechanisms)

6.         Human Rigths as Politics: Transnational Human Rights Advocacy (July 8)

  • Country/Committee Reports   

7.         Human Rights as Law: regional and domestic courts (July 9, 10)

  • Donnelly, ch. 6 (Regional Human Rights Regimes)
  • ECtHR, Lautsi v. Italy (2011)
  • ECJ, Kadi (2013)  

Recommended:
Steven Wheatley, “The construction of the constitutional essentials of democratic politics by the European Court of Human Rights following Sejdić and Finci, in Examining Critical Perspectives on Human Rights, ed. Rob Dickinson, Elena Katselli, Colin Murry and Ole W. Pedersen (Cambridge: Cambridge University Press, 2013),153-174.

Andreas Føllesdal “Much ado about nothing? International judicial review of human rights in well-functioning democracies,” in The Legitimacy of the International Human Rights Regime, ed. Andreas Føllesdal, Johan Karlsson Schaffer and Geir Ulfstein (Cambridge: Cambridge University Press, 2014), 272-299.

MIDTERM REVIEW AND EXAMINATION (July 14, 15)

UNICRI: Gender, Sexual Orientation and Religion (July 16)

  • ECtHR, CASE OF EWEIDA AND OTHERS v. THE UNITED KINGDOM
  • Letter to Obama from Faith Leaders, July 1, 2014
  • Koppelman, You Can't Hurry Love: Why Antidiscrimination Protections for Gay People Should Have Religious Exemptions
  • Yogyakarta Principles

6.         Civil and Political Rights:

            a.         Free speech (July 17)

  • Donnelly, Problem 2 (hate speech)
  • Michel Rosenfeld, “Hate Speech in Constitutional Jurisprudence: a Comparative Analysis,” in Cardozo Law Review (24: 2003, 1523-1567

Recommended:
Inter-American Commission on HR Special Rapporteur for Freedom of Expression, Reports on desacato laws

Ivan Hare and James Weinstein (eds.), Extreme Speech and Democracy (Oxford: Oxford University Press, 2010)

           b.         Religious liberty (July 21)
  • Linde Lindkvist, "The Politics of Article 18: Religious Liberty in the Universal Declaration of Human Rights," Humanity (4:2013)
  • John Witte, Jr. and M. Christian Green, “Religious Freedom, Democracy, and International Human Rights,” Emory International Law Review (23: 2009), 583-608.    
           c.         Privacy (July 22)

            d.         Security, terrorism and torture (July 23, 24)

  • Donnelly, ch. 15 ((Anti-)Terrorism and Human Rights)

Recommended:
Liora Lazarus, “The right to security – security rights or securitizing rights?” in Examining Critical Perspectives on Human Rights, ed. Rob Dickinson, Elena Katselli, Colin Murry and Ole W. Pedersen (Cambridge: Cambridge University Press, 2013), 87-106.
C.R.G. Murray, “Of fortresses and caltrops: national security and competing models of rights protection” in Examining Critical Perspectives on Human Rights, ed. Rob Dickinson, Elena Katselli, Colin Murry and Ole W. Pedersen (Cambridge: Cambridge University Press, 2013), 107-128.

Ian Hurd, “Torture and legitimation in international law,” in The Legitimacy of the International Human Rights Regime, ed. Andreas Føllesdal, Johan Karlsson Schaffer and Geir Ulfstein (Cambridge: Cambridge University Press, 2014), 165-189.

7.         Economics, Business and Human Rights (July 28, 29)

  • Donnelly, ch. 14 (Globalization, the State, and Human Rights)
  • Naomi Klein, Shock Doctrine (New York: Metropolitan Books, 2008), 3-24, 142-170, 443-466.

Recommended:
Phillip Alston and Ryan Goodman, International Human Rights (Oxford: Oxford University Press, 2013) 1433-1462.
Freeman, ch. 8 (Globalization, Development and Poverty: Economics and Human Rights)
Surya Deva and David Bilchitz (eds.), Human Rights Obligations of Business: Beyond the Corporate Responsibility to Respect? (Cambridge: Cambridge University Press, 2013), especially chs. 1, 11, 12.

8.         Assessments (July 30)

  • Freeman, ch. 9 (Human Rights in the Twenty-first Century)
  • David Kennedy, “The international human rights regime: still part of the problem?,” in Examining Critical Perspectives on Human Rights, ed. Rob Dickinson, Elena Katselli, Colin Murry and Ole W. Pedersen (Cambridge: Cambridge University Press, 2013), 19-34.

FINAL REVIEW AND EXAMINATION (July 31, August 1)