Human Rights Syllabi: Institute of International Studies, University of California, Berkeley

University of California Berkeley

Human Rights

Fall 1997 - PACS 127 A- 4 Units

Rita Maran
Peace and Conflict Studies
International & Area Studies Teaching Program
E-mail: ritam@uclink4.berkeley.edu
Office Hours: TBA
Tel. (510) 540-8017

This course is an introduction to the developing systems, laws, and norms for the promotion and protection of human rights in the world today. The course supplies a foundation for understanding legal, political, and economic aspects of human rights. We will discuss ideological and cultural perspectives; sources of violations; the United Nations, regional, and national systems; women's human rights; and the role of non-governmental organizations. Overall, we will be looking at prevailing concepts, institutions, rules, procedures, problems, and potentialities.

This course seeks to help students:

• develop intellectual skills to question and appraise human rights policies and practices at the international and national levels;
• perceive improvements;
• discern ambiguities and contradictions;
• draw useful conclusions about the theory and practice of human rights concerning the three groups in particular and of human rights in general.

Students will be expected to demonstrate increasingly critical skills with respect to the assigned readings. Classroom discussions will reflect the ideas and facts of the readings and students' critical interpretation of them. Participation in classroom discussions is required.

This Syllabus should be read in conjunction with the Table of Contents of the Course Reader, which is required reading. The Course Reader is one of the two Required books for the course, the other being Twenty-five Human Rights Documents which furnishes texts of relevant human rights documents.

In addition, students are expected to become familiar with books and journals listed below under Suggested Optional Readings .

Other relevant writings and articles will be distributed in class as hand-outs.

Assignments

1. Assignment: Think-piece and In-class Presentation

   By Week 6, every student is to have chosen a research topic. During Week 6, every student is to hand in a one-page "Think-piece." The Think-piece identifies the chosen topic and summarizes the 5-minute presentation that you will make in class. For this assignment, you can work either individually or in groups. You are encouraged to form interest-groups and to make joint presentations; however, every student is required to hand in her/his own one-page Think-piece. In choosing your topic, please bear in mind that you are encouraged to continue working on the same topic for the second and third writing assignments.

2. Assignment: Short Paper

   In Week 9, a short essay (2-3 pages) is due on the same research topic as Assignment 1.

3. Assignment: Final Paper

   In Week 14, a 10-12 page final paper is due. The research topic being, presumably, the same as in the two previous papers, this paper must demonstrate new research, a wider range of readings, and an increasingly critical analysis of the topic. You are expected to cite at least two readings other than the required readings, and to discuss their relevance to your framing of the topic. The Course Reader may not be a resource for this Final Paper.

Optional

Exam

Review Sessions and/or Other Questions

If you have any questions at all about choosing a topic, the topic you have chosen, the curriculum, or the assignments in general, please do not hesitate to discuss them with me.

Grades

• Assignment 1, Think-piece, will count for 10% of the grade.
• In-class presentation and contributions will count for 15%.
• Assignment 2, the Short Paper, will count for 15%.
• Assignment 3, the Final Paper, will count for 30%.
• The Final Exam will count for 30%.

Optional writings and presentations will be counted towards improving the grade.

The required books are:

1. Course Reader. On sale at Odin Readers, 2146 Center Street, Berkeley.
2. Twenty-five Human Rights Documents, Center for the Study of Human Rights, Columbia University, New York, 1994. On sale at ASUC Bookstore

Outline

Weeks 1 & 2

Human Rights Today

What is a human right? How do you recognize it? What is the status of the individual in international human rights law? Do all rights have the same force? What is a non-derogable right? Are governments legally bound to observe human rights? How large or small a role do human rights seem to play in international relations?

Suggested Optional Readings

• Brownlie, Ian. 1993. Basic Documents on Human Rights,Third Edition. Clarendon Press, Oxford.
• Buergenthal, Thomas. 1988. International Human Rights in a Nutshell,West Publishing, St. Paul.
• Claude, Richard Pierre & Burns Weston. 1992. Human Rights in the World Community,U. of Pennsylvania Press, Philadelphia.
• Donnelly, Jack. 1993. International Human Rights,Westview Press, Boulder CO.
• Drinan, Robert F. 1987. Cry of the Oppressed, Harper & Row, NY.
• Forsythe, David P. 1989. Human Rights and World Politics,U. of Nebraska Press.
• Hall, Katherine. 1993. International Human Rights Law: A Resource Guide,The Aspen Institute - Justice and Society Program, NY.
• Laqueur, Walter & Barry Rubin. 1979. The Human Rights Reader,Temple U. Press, Philadelphia.
• Lutz, Ellen et al. 1989. New Directions in Human Rights,U. of Pennsylvania Press, Philadelphia.
• Meron, Theodor. 1992. Human Rights in International Law,Clarendon Press: Oxford.
• Newman, Frank and David Weissbrodt. 1996. International Human Rights: Law, Policy, and Process,2d Ed. Anderson Publ.Co. Cincinnati, Ohio
• Steiner, Henry, and Philip Alston. 1995 International Human Rights Law,Oxford U. Press, New York.

Week 3

The Universal Declaration of Human Rights as Keystone

What is the place of the Universal Declaration of Human Rights (UDHR) in nations' theory and practice of human rights? Does the UDHR have legally-binding status? How does the UDHR contextualize rights that are to be promoted and rights that are to be protected?

Suggested Optional Readings:

• Bulletin of Human Rights,Special Issue, 40th Anniversary of the UDHR,1988. United Nations, NY .
• Davies, Peter. 1988. Human Rights, Routledge, Chapman & Hall.
• Eide, Asbjorn, et al. (Editors) 1993. The Universal Declaration of Human Rights: A Commentary,Oxford U. Press, NY.
• Amnesty International USA Legal Support Network. 1988. The Universal Declaration of Human Rights 1948-1988, AI USA NY.
• UN Chronicle: 40th Anniversary of the UDHR.March 1988. United Nations, Dept. of Public Information, NY.

Weeks 4 & 5

Human Rights in the Context of the U.N.

What are the authoritative sources of the UN's mandate on human rights? What UN organs and machinery are in place for promoting and protecting human rights? What are the treaty-bound procedures that protect human rights?

Suggested Optional Readings:

• Donnelly, Jack. 1989. Universal Human Rights in Theory and Practice,Cornell U. Press, Ithaca.
• Report of the Secretary-Geneval on the Work of the Organization. Annual. United Nations, NY.

Weeks 6 & 7

Human Rights, Development, and Democracy

Suggested Optional Readings:

• Alston, Philip. 1988. "Conjuring Up New Human Rights: The Case of the Right to Development,"Harvard Human Rights Yearbook,Vol.I, Spring 1988.
• Arat, Zehra F. 1991. Democracy and Human Rights in Developing Countries,Lynne Rienner, Boulder.
• Hertel, Shareen. 1993. The World Economy in Transition,United Nations Association-USA, 485 Fifth Avenue, NY NY 10017.
• Mahoney, Kathleen E. & J.Paul (Editors.) 1993. Human Rights in the Twenty-First Century: A Global Challenge,Martinus Nijhoff/Kluwer, Mass. 02061.
• An Agenda for Development Report of the Secretary General, A/48/935, 6 May 1994, UN, NY.
• Declaration on the Right to Development,1986. United Nations, NY.
• Human Development Report (latest in Annual series) U.N. Development Programme (UNDP), Oxford U. Press, NY.
• The World Bank: Governance and Human Rights.1993. Lawyers Committee for Human Rights, NY.

Week 8

Different Ways of Categorizing Human Rights

What is meant by "positive" and "negative" rights? Compare a "political" right with an "economic" right. What differences are inherent in "individual" rights and "collective" rights? What linkages can be drawn between violations of economic rights (e.g., the right to work) and violations of civil rights (e.g., the right to be secure from torture)? Do any international human rights instruments apply to the rights of homeless people?

Suggested Optional Readings:

• Maran, Rita. 1989. Torture: The Role of Ideology in the French-Algerian War,Praeger, NY.
• Patrnoy, Alicia. 1988. The Little School,Virago Press, London.
• Randall, Glenn R. & Ellen L. Lutz. 1991. Serving Survivors of Torture, American Association for the Advancement of Science Books, Washington, D.C.
• Rodley, Nigel. 1987. The Treatment of Prisoners under International Law,Clarendon Press, Oxford.
• The Human Rights to Adequate Housing,Human Rights Fact Sheet No. 21, United Nations Office at Geneva.

Weeks 9 & 10

The Ambiguous Role of Culture and Ideology

Are there ideological arguments that favor upholding human rights? Are there ideological arguments that lead to violations of human rights? What are some of the impacts of cultural or religious customs on the definition and practice of human rights? What validity is there to the argument that human rights are a western imposition?

Suggested Optional Readings:

• Afshari, Reza. 1994. "An Essay on Islamic Cultural Relativism in the Discourse of Human Rights,"Human Rights Quarterly,Vol.16 No. 2 May 1994.
• An-Na'im, Abdullahi (Editor). 1992. Human Rights in Cross-Cultural Perspectives: A Quest for Consensus,U. of Pennsylavnia Press.
• Cassin, Rene. 1985. "The liberal Western tradition of human rights,"Human Rights Teaching, UNESCO Vol. IV
• Donnelly, Jack. 1984. "Cultural Relativism and Universal Rights,"Human Rights Quarterly,Nov.1984:400.
• Dwyer, Kevin. 1991. Arab Voices. The Human Rights Debate in the Middle East,U. of California Press, Berkeley.
• Lee, Wei-Chin. 1991. "Heaven Can Wait? Rethinking the Chinese Notion of Human Rights,"Asian Thought and Society,16:46, 1991:28.
• Tibi, Bassam. 1994. "Islamic Law/Shari'a, Human Rights, Universal Morality and International Relations,"Human Rights Quarterly,Vol.16 No.2 May 1994.

Weeks 11 & 12

The Three Regional Human Rights Systems

What are each system's human rights mechanisms and treaties? What are some of the distinctive similarities among the regional organizations? What are some of the distinctive differences between and among the regional organizations?

Suggested Optional Readings:

• African Charter on Human and Peoples' Rights
• American Convention on Human Rights
• European Convention for the Protection of Human Rights and Fundamental Freedoms
• Buergenthal, Thomas, Robert Norris, Dinah Shelton. 1986. Protecting Human Rights in the Americas,Engel Publishers, Kehl.
• Cobbah, Josiah A.M. "African Values and the Human Rights Debate: An African Perspective,Human Rights Quarterly,Vol. 9 No. 3, August 1987 309-331.
• Delmas-marty, Mireille (Editor). 1992. The European Convention for the Protection of Human Rights,Kluwer/Nijhoff, Dordrecht.
• Forsythe, David. "Human Rights, The United States and The Organization of American States,"Human Rights Quarterly,Vol. 13, No.1 Feb. 1991.
• Gomien, Donna, David Harris, Leo Zwaak. 1996. Law and Practice of the European Convention on Human Rights and the European Social Charter, Council of Europe Publishing, F-67075 Strasbourg Cedex, France.
• Medina Quiroga, Cecilia. 1989. The Battle of Human Rights: Gross, Systematic Violations and the Inter-American System,Martinus Nijhoff, Dordrecht.
• Robertson, A.H. , Human Rights in Europe,3d ed., 1993. Manchester Univ. Press/St. Martin's Press NY.

Week 13

U.S. Government's Commitment to Human Rights

In what ways is the U.S. government bound to international human rights in domestic and foreign policy? What mechanisms are in place for U.S. implementation of human rights obligations? What political obstacles appear to hamper implementation of U.S. human rights obligations?

Suggested Optional Readings:

• Critique of the Department of State's Country Reports. Annual. Lawyers Committee for Human Rights and Human Rights Watch, NY.
• First Report of the U.S. to the U.N. Human Rights Committee under the International Covenant on Civil and Political Right,1994. U.S. State Dept., Washington, D.C.
• Forsythe, David P. 1983. Human Rights and World Politics,University of Nebraska Press.
• Human Rights Documents: Compilation of Documents Pertaining to Human Rights.September 1983. House of Representatives, Committee on Foreign Affairs.
• Shue, Henry. 1980. Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy, x x x
• State Department Country Reports for 1996.Annual. U.S. Gov't. Printing Office, Washington, D.C., 1997.

Week 14

Women's Rights are Human Rights -- Always? Everywhere?

Suggested Optional Readings:

• Convention on the Elimination of All Forms of Discrimination Against Women
• Bunch, Charlotte. "Women's Rights as Human Rights,"Human Rights Quarterly,Vol. 12, 1990.
• Cook, Rebecca J. (Editor) 1994.Human Rights of Women,U. of Pennsylvania Press, Philadelphia.
• Newsletter,Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, PO Box 3001, Addis Ababa, Ethiopia; perodical.
• Women in the Front Line, An Amnesty International Report, AIUSA, NY, periodical.
• Wollstonecraft, Mary, 1967. A Vindication of the Rights of Women, W.W. Norton, NY.

Week 15

The Invaluable Role of Non-Governmental Organizations

Suggested Optional Readings:

• Annual Report 1996,1997. Amnesty International USA, NY.
• Human Rights Internet Reporter,Human Rights Centre, University of Ottawa, Canada, periodical.
• Johnson, Barbara (ed.), 1993. Freedom and Interpretation: The Oxford Amnesty Lectures 1992,Basic Books, NY.
• Steiner, Henry J. Non-Governmental Organizations in the Human Rights Movement,1991. Harvard Law School Human Rights Program and Human Rights Internet.
• Wiseberg, Laurie, "Protecting Human Rights Activists and NGOs: What More Can Be Done?" Human Rights Quarterly,Vol. 13, No. 4, November 1991.

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