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JOHN CABOT UNIVERSITY

COURSE CODE: "PL 230"
COURSE NAME: "Human Rights"
SEMESTER & YEAR: Fall 2015
SYLLABUS

INSTRUCTOR: Pamela Harris
EMAIL: [email protected]
HOURS: TTH 10:00 AM 11:15 AM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS: MW 9-4, TTh 2-4

COURSE DESCRIPTION:
This course focuses on understanding what human rights are and what are the challenges to their realization. Students will examine what specific protections ought to be granted to vulnerable groups, like women, children, stateless persons, refugees, asylum seekers, and internally displaced persons. The special challenges related to the protection of human rights in an age of globalization, and the challenges to human rights protection posed by terrorism and its consequences are also analyzed. An interdisciplinary approach will be used to examine different cases and understand the main human rights issues at stake.
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:
NONE
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
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

Background:

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

2.         What are Human Rights?

  • 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
  • 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 
  • 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

  • Donnelly, ch. 5 (Global Multilateral Mechanisms)

6.         Human Rights as Politics: Transnational Human Rights Advocacy

  • Country/Committee Reports   

7.         Human Rights as Law: regional and domestic courts

  • 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

8.         Group Rights and Individual Rights

    9.         Civil and Political Rights:

                a.         Free speech

    • 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

                           i.  General
    • 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.    

                          ii.  Anti-Discrimination, LGBT rights

    • 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

               c.         Privacy 

                d.         Security, terrorism and torture

    • 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.

                e.

    10.         Economics, Business and Human Rights

    • 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.

    11.         Assessments 

    • 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