LW901-7-AT-CO:
International Human Rights Law: Law and Practice
2023/24
Essex Law School
Colchester Campus
Autumn Special
Postgraduate: Level 7
Current
Thursday 05 October 2023
Friday 15 December 2023
15
20 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
(none)
LLM M20012 International Humanitarian Law,
LLM M20024 International Humanitarian Law
This module will provide students with the necessary background for their degree.
The module provides an overview of the differences and similarities between civil and political rights on the one hand and economic, social, and cultural rights on the other; an understanding of the substantive limitations to human rights obligations; and an overview of three core rights.
The emphasis throughout the module is to bring theory into practice, and to understand how the law has developed, what rights exist now, how to apply those rights to modern challenges, and how to challenge the status quo to advance the rights.
The aims of the course are to ensure students understand the international legal standards for human rights, and can evaluate human rights claims appropriately, apply the law, and challenge or criticize the application of the law. The aims are to be achieved by engaging in advanced analysis of a few key human rights in a context-specific manner.
The learning outcomes of the course are:
1. Demonstrate an understanding of legal methodology and writing appropriate to a Master’s level course
2. Discuss and evaluate the nature of human rights law generally
3. Discuss, evaluate, and apply the content of specific human rights
4. Discuss and evaluate the relationship between types of rights
5. Respond critically and thoughtfully to practical problems
6. Apply the law accurately and critically to practical situations
Indicative Topics by Week
A. Common issues
1. Introduction to ICCPR / ICESCR and their common obligations (respect, protect, and fulfil))
2. Interrelated, Interdependent, and Universal?
3. Right to an effective remedy, justiciability & enforcement
B. Limitations to the Obligations
4. Progressive realisation versus immediate obligations
5. Jurisdiction and extraterritoriality
6. Limitations and derogations
C. Specific Obligations
Obligations related to Life and Bodily Integrity
7. Right to Life
8. Adequate standard of living
9. Health
All topics will be explored from a specific International Humanitarian Law perspective.
This module will be taught via weekly 2-hour seminars and weekly 1-hour tutorials.
The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.
-
Bantekas, I. and Oette, L. (2020a)
International human rights law and practice. Third edition. Cambridge: Cambridge University Press. Available at:
https://ebookcentral.proquest.com/lib/universityofessex-ebooks/detail.action?docID=6185977.
-
-
Ramina, L. (2018) ‘TWAIL – "Third World Approaches to International Law” and human rights: some considerations’,
Revista de Investigações Constitucionais, 5(1). Available at:
https://doi.org/10.5380/rinc.v5i1.54595.
-
Moeckli, D. (2022) ‘Equality and Non-Discrimination’, in
International Human Rights Law. Fourth Edition. Oxford: Oxford University Press, pp. 151–168. Available at:
https://app.kortext.com/Shibboleth.sso/Login?entityID=https://idp0.essex.ac.uk/shibboleth&target=https://app.kortext.com/borrow/1966541.
-
-
International Convention on the Elimination of All Forms of Racial Discrimination | OHCHR (no date). Available at:
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-forms-racial.
-
Special Rapporteur on contemporary forms of racism | OHCHR (no date). Available at:
https://www.ohchr.org/en/special-procedures/sr-racism.
-
Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979 | OHCHR (no date). Available at:
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women.
-
‘Convention on the Rights of Persons with Disabilities (2006)’ (no date). Available at:
https://www.un.org/disabilities/documents/convention/convoptprot-e.pdf.
-
Charilaos Nikolaidis (2016)
The Right to Equality in European Human Rights Law: The Quest for Substance in the Jurisprudence of the European Courts. Routledge. Available at:
https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=817720.
-
European Convention on Human Rights (no date). Available at:
https://www.echr.coe.int/documents/d/echr/convention_ENG.
-
European Court of Human Rights, D.H. and others v Czech Republic (no date). Available at:
https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-83256%22]}.
-
Riedel, E., Giacca, G. and Golay, C. (2014) ‘Chapter 1: “The Development of Economic, Social and Cultural Rights in International Law”’, in
Economic, Social, and Cultural Rights in International Law. Oxford: Oxford University Press, pp. 3–48. Available at:
https://dx.doi.org/10.1093/acprof:oso/9780199685974.001.0001.
-
Warwick, B.T.C. (2019) ‘Unwinding Retrogression: Examining the Practice of the Committee on Economic, Social and Cultural Rights?’,
Human Rights Law Review [Preprint]. Available at:
https://doi.org/10.1093/hrlr/ngz023.
-
Warwick, B.T. (2019) ‘Social Minima at the UN Treaty Bodies: Minimal Consistency?’, in T. Kotkas, I. Leijten, and F. Pennings (eds)
Specifying and Securing A Social Minimum in the Battle Against Poverty. Hart Publishing. Available at:
https://doi.org/10.5040/9781509926053.ch-013.
-
De Schutter, O.
et al. (2012) ‘Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights’,
Human Rights Quarterly, 34(4), pp. 1084–1169. Available at:
https://doi.org/10.1353/hrq.2012.0063.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's
reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Exam |
Main exam: Remote, Open Book, 24hr during January
|
| Exam |
Reassessment Main exam: Remote, Open Book, 24hr during September (Reassessment Period)
|
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Prof Lorna McGregor, email: lmcgreg@essex.ac.uk.
Law Education Office, pgtlawqueries@essex.ac.uk
No
No
No
Available via Moodle
Of 28 hours, 20 (71.4%) hours available to students:
0 hours not recorded due to service coverage or fault;
8 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
Disclaimer: The University makes every effort to ensure that this information on its Module Directory is accurate and up-to-date. Exceptionally it can
be necessary to make changes, for example to programmes, modules, facilities or fees. Examples of such reasons might include a change of law or regulatory requirements,
industrial action, lack of demand, departure of key personnel, change in government policy, or withdrawal/reduction of funding. Changes to modules may for example consist
of variations to the content and method of delivery or assessment of modules and other services, to discontinue modules and other services and to merge or combine modules.
The University will endeavour to keep such changes to a minimum, and will also keep students informed appropriately by updating our programme specifications and module directory.
The full Procedures, Rules and Regulations of the University governing how it operates are set out in the Charter, Statutes and Ordinances and in the University Regulations, Policy and Procedures.