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GLOCAL LAW SCHOOL

GLOCAL UNIVERSITY, SAHARANPUR

Semester I- B.A.LL.B & B.B.A.LLB


Course Outline- Human Rights

Course Instructor
Parth Sharma

Introduction
Human rights are commonly understood as being those rights which
are inherent to the human being. The concept of human rights
acknowledges that every single human being is entitled to enjoy his
or her human rights without distinction as to race, color, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status. Human rights are legally guaranteed
by human rights law, protecting individuals and groups against
actions which interfere with fundamental freedoms and human
dignity. They are expressed in treaties, customary international law,
bodies of principles and other sources of law. Human rights law
places an obligation on States to act in a particular way and
prohibits States from engaging in specified activities. However, the
law does not establish human rights.
Human rights are inherent entitlements which come to every person
as a consequence of being human. Treaties and other sources of law
generally serve to protect formally the rights of individuals and
groups against actions or abandonment of actions by Governments
which interfere with the enjoyment of their human rights.

COURSE OBJECTIVE

At the end of this course, students will be able to:

I. Understand the conceptual foundations of Human Rights both in


national and international law in different cultures in the world.
II. Understand the fundamental theories, ideological traditions,
concepts and terminologies associated with the discipline of
human rights.

III. Evaluate various western and non western conceptions of human


rights. Evaluate role of United Nations in promoting and protecting
Human rights.

IV. Recognize and understand the contemporary debates on important


human rights issues like Censorship, Death penalty, Apartheid
etc.

V. Articulate their own positions in a clear, coherent and logical


manner concerning the theories and concepts covered in this
course
VI. Develop the following study skills: reading and note-taking,
presentation, verbal, writing, co-operative and participative skills.
The course will also enable you to develop organizational skills
such as time management and meeting deadlines.

COURSE SUMMARY
The topics for this course are divided into five modules.

Module 1 Human Rights: An Introduction


Module 2 U.N and Human Rights

Module 3 Non Western Perspectives on


Human Rights
Module 4 Key Issues concerning Human
Rights
Module 5 Human Rights in India

Evaluation:
This course operates on the principle of “continuous assessment.”
This means that students are not placed in the difficult position of
having their entire course grades riding on the grade of any one
particular assignment (like a “make-or-break” final exam). Instead,
students‟ grades are determined on a broader basis in terms of
the students‟ overall work throughout the semester.

The overall assessments of the students in this semester will be in


accordance with the division of 100 Marks. The will be evaluated
on the basis of class participation, student activity exercise, snap
test, project assignments, mid-term examination and end-
semester examination. The distribution of the final course grade
from the various assignments is:

Internal Assessment Mid Semester End Semester Exam


Exam
30 marks 20 marks 50 marks
Internal Assessment would be planned as per the discretion of the
course teacher. The tentative description of internal assessment is
as follows:

Assessment Mode Marks

Content of the Paper 5

Group References/Citation/Bibliography 5

Project
Group Presentation 10

Two snap tests cumulative 5

Attendance and Class Participation 5

Lecture Scheme:
Module Number Module Title Number of Lectures

Module 1 Human Rights : An 10 lectures


Introduction
Module 2 U.N and Human 15 lectures
Rights
Module 3 Non Western 15 lectures
Perspectives on
Human Rights
Module 4 Key Issues 15 lectures
concerning Human
Rights
Module 5 Human Rights in 15 lectures
India

Expectations:
What is expected of you?

1. Attend the lectures.


2. Read the core readings for each lecture.
3. Participate and contribute in class discussion.
4. Use the Recommended and Further Readings in order to develop
good grasp of the topics in this course, answer the questions, and
write research Projects.
5. Give one group presentation on the findings of your project.

What can you expect of your tutor?

1. Written feedback on your snap tests within a week.


2. Availability during office hours to discuss any question or problem
you might have during the course.
3. Feedback on group presentations.
4. Guidance and advice on preparation for research Projects and
presentations.
5. Feedback and collective evaluation of the class at the completion
of the course.

Course Content

Module 1- Human Rights: An Introduction


A. Human Rights: Meaning, Evolution of Human Rights: From
Magna Carta to International Bill of Rights, Importance of
Human Rights.
B. Sources of Human Rights: Treaties, Customs and Other
international and regional instruments.

C. Understanding Human Rights: Three Generation of Human


Rights- Vasak’s Classification.

D. Human Rights, Democracy and Development.

Essential Readings-
1. Reading Material distributed in Class.

2. John Hoffman and Paul Graham, Introduction to Political Theory, Pearson, 2006

3. Darren J. O Byrne “Human Rights: An Introduction”, New Delhi: Pearson


Education.

4. Rhona K.M Smith “Texts and materials on International Human Rights”,Second


Edition, Routledge.

Suggested Readings-
1. Orend, B. (2002) Human Rights: Concept and Context. Peterborough: Broadview
Press, pp.15-190.

2. Byrre, D. J. (2003) Human Rights, New Delhi: Pearson, pp. 1-71

Module 2 U.N and Human


Rights

A. U.N Charter and Human Rights, Universal Declaration of


Human Rights and its legal significance.

B. International Conventions on Civil & Political Rights, 1966:


Philosophy and Significance.

C. International Covenant on Economic, Social and Cultural


Rights, 1966: Philosophy and Significance.
D. Optional Protocol to the International Covenant on Civil and
Political rights, 1966.

E. Emergent Issues in the protection of human rights.

Essential Readings-
1. Reading Material

2. J. Hoffman and P. Graham, (2006) „Human Rights‟, Introduction to Political


Theory, Delhi, Pearson, pp. 436-458.

3. SAHRDC (2006) „Introduction to Human Rights‟; „Classification of Human Rights:


An Overview of the First, Second, and Third Generational Rights‟, in Introducing
Human Rights, New Delhi: Oxford University Press.

4. Darren J. O‟ Byrne „ Human Rights: An Introduction”, New Delhi: Pearson


Education.

Suggested Readings-
A B Kalaiah: Human Rights in International Law, New Delhi 1986.

K P Saksena: Teaching Human Rights: A Manual for Adult Education, New Delhi,
1996.

R J Vincent: Human Rights and International Relations (Cambridge) 1986

Module 3: Non Western Perspectives on Human


Rights
A. Are Human Rights Universal? Universalism versus relativist
debate on human rights.

B. Various Non Western Perspectives on Human Rights: Hindu-


Buddhist Traditions of Human Rights.

C. Chinese and African Perspective on Human Rights.

D. Islamic perspective on Human Rights.

Essential Readings:
1. Reading Material distributed in Class.
2. John Hoffman and Paul Graham, Introduction to Political Theory, Pearson, 2006

3. Darren J. O Byrne “Human Rights: An Introduction”, New Delhi: Pearson


Education.

4. Rhona K.M Smith “Texts and materials on International Human Rights”,Second


Edition, Routledge.

5. Charles R. Beitz “ The idea of Human Rights” , Oxford University Press,

RECOMMENDED READINGS:

1. Davidson, Scott, Human Rights (Buckingham, 1993)

2. Buergenthal, Thomas, International Human Rights in Nutshell, Second Edition,


West Publishing Company, 1995

3. Cranston, Maurice, What are Human Rights? (London, 1973)

4. Donnelly, Jack, The concept of Human Rights (London, 1985)

Module 4: Key Issues


A. Censorship: Brief history, Censorship and Democracy, Theoretical
discourse on Censorship, State, Censorship and human Rights.

B. Death Penalty: Brief history, Understanding death Penalty, Theoretical


discourse, Race, Class and Death Penalty. State, The Death Penalty and
Human Rights.

C. Apartheid: Brief history, Understanding Apartheid, Apartheid, Caste and


Social Stratification, Gender and Apartheid, State, Apartheid and Human
Rights.

D. Genocide: Meaning, Brief history, Genocide in the ancient and modern


world, Political Genocide, State Genocide and Human Rights.

E. Refugees: Brief History, Race, Citizenship and Refugees, Refugees and


border Control, The experience of displacement, State, Refugee and human
Rights.
Essential Readings:

1. Reading Material

2. John Hoffman and Paul Graham, Introduction to Political Theory, Pearson, 2006

3. Darren J. O‟ Byrne „Human Rights: An Introduction”, New Delhi: Pearson


Education.

4. Cranston, Maurice, What are Human Rights? (London, 1973)

5. Donnelly, Jack, The concept of Human Rights (London, 1985)

. Recommended Readings:
1.Brownlie, I and Goodwin-Gill, G (eds), Basic Documents on Human Rights, 5th
edn, 2006, Oxford: OUP.

2.Ghandhi, P, Blackstone‟s International Human Rights Documents, 5th edn, 2006,


Oxford: OUP

3.Wallace, R, International Human Rights, text and materials, 2nd edn, 2001,
London: Sweet and Maxwell.

4. Martin, JP, 25+ Human Rights Documents, 3rd edn, 2001, New York: Center for
The Study of Human Rights, Columbia University

Module 5: Human Rights in India

A. Human Rights under the Indian Constitution.

B. The Protection of Human Rights Act, 1992.

C. Role of State in protection of Human Rights in India: National Human


Rights Commission, National Commission of Women, National Commission of
S.C’s and S.T, National Commission of Minorities.

D. Role of Civil Societies and Media.

E. Concluding Observations.

Essential Readings:
1. Reading material.
2. S.K Kapoor “ Human Rights and International law” , Central law
Agency.

3. Abdulrahim Vijapur, Human Rights in International Relations, (


New Delhi 2010)

3. http://nhrc.nic.in/
4. https://www.amnesty.org/

5. http://www.ncsc.nic.in/

6. http://ncst.nic.in/index.asp?langid=1

Wish you Good Luck!

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