Human Rights Unit

Examiner´s comments

A very strong response to the question at hand although one that, ultimately, falls just short of achieving the highest marks. The candidate has neatly scrutinized some of the reasons why human rights might be unenforceable. He or she then followed this up with a relatively nuanced, if underdeveloped, argument that human rights treaties and covenants might still be of some value and use to vulnerable populations (for example, in a normative sense at least, or as a reference point for such populations in any effort to draw attention to human rights violations). Again, the real-world examples provided as support are good and well explored. However, the response as a whole lacks the critical thinking and reflection required to achieve the top markband. Nevertheless, a very good essay.

Human Rights Unit Syllabus

This unit focuses on the nature and practice of human rights. Debates surrounding human rights are examined.

Key concepts: human rights, justice, liberty, equality

Learning outcomePrescribed contentPossible examples

(Intended as a starting point only: for many topics, local and current examples will be more appropriate than the ones listed, and many more examples are listed than are expected to be covered during the course)

Nature and evolution of human rights Definitions of human rights
  • Notions such as inalienability, universality, indivisibility, equality, justice, liberty
The UN’s The Universal Declaration of Human Rights(1948)  
Developments in human rights over time and space
  • Human rights milestones, eg civil and political rights, economic, social and cultural rights, gender rights, children’s rights, indigenous people’s rights, refugee rights
  • Internationalization of human rights, eg universal jurisdiction, international humanitarian law
Codification, protection and monitoring of human rights Human rights laws and treaties
  • Role of custom
  • Human rights in constitutions, eg South Africa, Brazil
  • International examples, eg International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Rome Statute
Protection and enforcement of human rights at different levels
  • National courts and police, International Court of Justice (ICJ), International Criminal Court (ICC), Inter-American Commission on Human Rights (IACHR), Cambodia Tribunal
Monitoring human rights agreements
  • Ombudsmen, Human Rights Watch (HRW), Amnesty International (AI), International Red Cross and Red Crescent Movement, monitoring elections
Practice of human rights Claims on human rights
  • Labour rights, indigenous land claims, movements for gender equality, debates about same-sex marriage
Violations of human rights
  • Child soldiers, human trafficking, forced labour, forced relocation, denial of prisoners of war rights, violations of freedom of speech, violations in the name of prevention of terrorism, gender discrimination
Debates surrounding human rights: differing interpretations of justice, liberty and equality Individual versus collective rights
  • Western, Asian and African conceptions; indigenous conceptions
Universal rights versus cultural relativism
  • Sharia law, honour killings, hate crime laws, consumer rights
Politicization of human rights
  • Use of human rights for political gain, humanitarian arguments, responsibility to protect, use of sanctions

Discussion questions on Terrorism

  • 􏰁  How can terrorism be distinguished from other forms of political violence?

  • 􏰁  Is there such a thing as ‘state terrorism’?

  • 􏰁  Are there any circumstances in which terrorism can be justified?

  • 􏰁  Has the growing importance of religious motivation transformed the nature of terrorism?

  • 􏰁  Did September 11 mark the emergence of a truly global form of terrorism?

  • 􏰁  Is nuclear terrorism an ‘invented’ fear?

  • 􏰁  Why is terrorism so rarely effective, and in what circumstances does it work?

  • 􏰁  Are restrictions on liberty merely the lesser evil compared with the threat of terrorism?

  • 􏰁  Why are military approaches to dealing with terrorism so often counter-productive?

  • 􏰁  Should political deals ever be done with terrorists?