INTERNATIONAL HUMAN RIGHTS 4155

READING GUIDE 2017

Human rights is one of the most dynamic areas of law. There is an increasing need today for
human rights specialists at both the international and domestic level. Students completing this
subject should be able to identify and understand international human rights laws, structures,
procedures and problems, as well as their relevance for international affairs, and Australian law
and practice.

This course will familiarise students with the concept of international human rights, international
human rights institutions, some relevant case law, and enforcement of human rights. The
course takes a thematic approach, dealing with some of the most important human rights issues
of the new century, such as human rights in times of public emergency, the content of economic
social and cultural rights, and the human rights obligations of non-State actors.

MAJOR HUMAN RIGHTS INSTRUMENTS

Universal Declaration on Human Rights 1948 (UDHR)

International Covenant on Civil and Political Rights 1966 (ICCPR)

Optional Protocol to the ICCPR 1966

International Covenant on Economic Social and Cultural Rights 1966 (ICESCR)

Optional Protocol to the ICESCR 2008

International Convention on the Elimination of all Forms of Racial Discrimination 1965

(CERD)

Convention on the Elimination of all Forms of Discrimination against Women 1979 (CEDAW)

Convention against Torture and other Cruel, Inhuman and Degrading Treatment or
Punishment 1984 (CAT)

Convention on the Rights of the Child 1989 (CRC)

International Convention on the Protection of the Rights of All Migrant Workers and Members
of their Families 1990 (MWC)

www.monash.edu
Convention on the Rights of Persons with Disabilities 2006 (CPRD)

International Convention for the Protection of All Persons from Enforced Disappearance 2006
(Disappearances Convention)

Declaration on the Right to Development 1986 (DRD)

Declaration on the Rights of Indigenous Peoples 2007 (DRIP)

European Convention on Human Rights 1951 (ECHR)

American Convention on Human Rights 1969 (ACHR)

African Charter on Human and Peoples Rights 1980 (ACHPR)

Arab Charter on Human Rights 2004

USEFUL WEB-SITES

Castan Centre for Human Rights Law:

Monash Library Human Rights gateway
United Nations Office of the High Commission for Human Rights

TOPIC 1: Introduction (Week 1-2)

A brief introduction to the basic principles of public international law, followed by an

introduction to the notion of international human rights law, including an historical overview,
the main global norms, and a summary of basic concepts of how human rights work.

Ed Bates, History, in Moeckli et al (eds), International Human Rights Law (OUP, 2nd
ed, 2014), Chapter 1
Christine Chinkin, Sources, in Moeckli et al (eds), International Human Rights Law
(OUP, 2nd ed, 2014), Chapter 4
Sarah Joseph and Sam Dipnall, Scope of Application, draft paper

Copyright Monash University 2012. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be
reproduced in any form without the written permission of the host Faculty and School/Department.

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TOPIC 2: Theories of Human Rights (Week 2)

What are human rights? Lectures on this topic will focus on both analytical and justificatory
foundations of human rights. The question of whether human rights are truly universal, or
whether they are culturally relative will also be raised.

The Internet Encyclopedia of Philosophy, Human Rights

J. Donnelly, Human Rights and Asian Values: A Defence of Western Universalism,
in J.R. Bauer and D.A. Bell (eds), The East Asian Challenge for Human Rights
(Cambridge University Press, 1999), pp 60-87.
Mary Ann Glendon, Universality under Siege in Glendon, A World Made New:
Eleanor Roosevelt and the Universal Declaration of Human Rights (Random House,
2001), Chapter 12

TOPIC 3: Human Rights Institutions (Week 3)

This topic will introduce the main global human rights institutions, such as the UN Human Rights
Council and the UN treaty bodies, as well as the regional bodies. The main focus however will
be on the global bodies.

S. Joseph, The Human Rights Council: another discredited UN human rights body or a
salvageable institution?, Unpublished, unfinished article from 2013
S. Joseph and M. Castan, The International Covenant on Civil and Political Rights:
Cases, Materials and Commentary (OUP, 3rd ed, 2013), Chapter 1

TOPIC 4: Enforcement of Human Rights (Week 4)

Human rights enforcement is widely presumed to be the Achilles Heel of the human rights
system. In this topic, we will discuss the main form of enforcement (the mobilisation of shame)
and stronger rarer sanctions (economic sanctions and the use of force).

Committee on Economic Social and Cultural Rights, General Comment 8, 1997

Sarah Joseph, Humanitarian Intervention in Libya, Castan Centre blog, 18 March
2011
Sarah Joseph, The Dilemma of Humanitarian Intervention, E-International Relations
Blog, 27 March 2011
Jayshee Bajoria and Robert McMahon, The Dilemma of Humanitarian Intervention
Council of Foreign Relations, 12 June 2013

Copyright Monash University 2012. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be
reproduced in any form without the written permission of the host Faculty and School/Department.

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 Michael Aaronsen, Syria and the Crisis of Humanitarian Intervention, E-International
Relations Blog, 11 February 2014
Simon Jenkins, Syria and the cruel farce of humanitarian intervention, Spectator, 15
October 2016

TOPIC 5 The Limits of Human Rights (Week 5) Most important topic for essay

Very few human rights are absolute. Here, we will examine permissible limitations to human
rights (eg. national security, public order, public health and safety, public morals, and
protection of the rights of others).

Frderic Mgrt, Nature of Obligations, in Moeckli et al (eds), International Human

Rights Law (OUP, 2nd ed, 2014), Chapter 5
Report of the Special Rapporteur on Terrorism, Surveillance and Human Rights, 23
September 2014

TOPIC 6. Freedom of Expression (Week 5-6)

S. Joseph and M. Castan, Freedom of Expression, The International Covenant on

Civil and Political Rights: Cases, Materials and Commentary (OUP, 2013), Chapter
19
Other materials TBC

TOPIC 7. The Right to Life (Week 6-7)

The meaning of this right will be discussed, including topics such as abortion, euthanasia, and
capital punishment.

Sarah Joseph and Melissa Castan, The International Covenant on Civil and
Political Rights Cases Materials and Commentary (OUP, 2013, 3rd ed), Chapter 8

Copyright Monash University 2012. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be
reproduced in any form without the written permission of the host Faculty and School/Department.

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TOPIC 8: Second Generation Rights: Economic, Social, and Cultural Rights
(Week 7)

An examination of second generation rights: are they legal rights, or moral aspirations?
What is their relationship with civil and political rights? Can they be enforced?

Sarah Joseph, Blame it on the WTO (Oxford University Press, 2011), pages 13-31
Broeks v Netherlands, UN Human Rights Committee, Communication no 172/84, 9 April
1987

TOPIC 9: Australia and Human Rights (Week 8)

The effect of human rights law on the Australian legal system will be discussed, along with an
examination of Australias international human rights record.

Adam McBeth, Justine Nolan and Simon Rice, The International Law of Human Rights
(OUP, 2011), Chapter 10
UN Committee against Torture, Concluding Observations on Australia (CAT)
Recommendations to Australia at its 2015 Universal Periodic Review.

TOPIC 10: Human Rights in the Non-Governmental Sphere (Week 9)

Non-State actors, such as individuals or multinational corporations are capable of committing

some of the worst human rights violations. To what extent can international human rights law
deal with non-governmental violators? Conversely, what role do non state actors play in
protecting human rights?

Andrew Clapham, Non State Actors, in Moeckli et al (eds), International Human Rights
Law (OUP, 2nd ed, 2014), Chapter 26.
United Nations Guiding Principles on Business and Human Rights, 2011

Copyright Monash University 2012. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be
reproduced in any form without the written permission of the host Faculty and School/Department.

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TOPIC 11: Challenges to Human Rights Discourse (Week 9)

Mainstream academic human rights discourse has been questioned by critical scholars for
some time. Are human rights still relevant as an agent of social change?

Stephen Hopgood, The Endtimes of Human Rights (Cornell University Press, Ithaca and
London, 2013), Chapter 8

Copyright Monash University 2012. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be
reproduced in any form without the written permission of the host Faculty and School/Department.