JUS5710 Master’s level (10 credits): A good understanding is required
JUR1710 Bachelor’s level (10 credits): A general understanding is required
Course content
The legal protection of human rights on the international level is a concept that has developed largely since the end of World War II. The United Nations and regional organisations, most notably the Council of Europe, have taken the lead in ensuring respect for human rights through international legal and political mechanisms. This course focuses on the institutions, treaties and practices of these intergovernmental organisations, in addition to international criminal tribunals, providing a perspective of both the normative standards defining international human rights and the means by which they are monitored and implemented.
Achievement requirements
Achievement requirements for master’s level (10 credits):
A good understanding of universal and regional procedures, mechanisms, and institutions in the monitoring of compliance of human rights on the basis of required readings and lectures. A good understanding of the content of selected rights contained within the main international human rights conventions. A good understanding should include analysis based on the practice and interpretation of international organs.
Achievement requirements for bachelor's level (10 credits):
A general understanding of universal and regional procedures, mechanisms, and institutions in the monitoring of compliance of human rights on the basis of required readings and lectures. A general understanding of the content of selected rights contained within the main international human rights conventions. The general understanding should be based on the relevant treaty provisions and an overview of the practice of international organs.
Reading list
JUS5710 Master's level:
Please note! Since what you learn in this course is part of International Law, we recommend that you take some time to consult textbooks in this field to support your understanding of the required readings in the course.
Textbooks on international law, which further explore the subject. These include:
- Cassese, A., International Law, Second edition,Oxford University Press, 2008;
- Crawford, James, Brownlie’s, Principles of Public International Law, Eight Edition, Oxford: Oxford Press, 2012.
- Evans, MD (ed.), International Law. Second Edition,Oxford: Oxford University Press, 2010
It is useful to read James Nickel’s Making Sense of Human Rights, 2nd Edition (Malden USA; Oxford UK; Carlton Australia: Blackwell Publishing,2007) in order to get a broad understanding of the contemporary conception of human rights.
The Faculty of Law at the UiO wishes to promote an increasing emphasis on gender in the education at the Faculty. In pursuing this aim, we strongly recommend that you read the following articles:
- Allwood, Gill “Gender mainstreaming and policy coherence for development: Unintended gender consequences and EU policy”, Women's Studies International Forum, July-August 2013, Vol.39, pp.42-52 (10pp)
- Lee, Seryon “Legal Feminism and the UN's Gender Mainstreaming Policy: Still Searching for the Blind Spot”, Journal Of East Asia And International Law, 2013 Fal, Vol.6(2), pp.367-384 (18pp)
- Lovecy, Jill “Gender mainstreaming and the framing of women's rights in Europe: The contribution of the Council of Europe”, Feminist Legal Studies, 2002 (updated in 2006), Vol.10(3), pp.271-283 (13pp)
- Sj?fjell, Beate and Irene Lynch Fannon “Corporate Sustainability. Gender as an Agent for Change?”, in Creating Corporate Sustainability: Gender as an Agent for Change, eds. B. Sj?fjell & I. Lynch Fannon (Cambridge: Cambridge University Press, 2018) pp-305-325 (20pp)
Required Reading:
Chapters in Books:
Economic, Social and Cultural Rights. A Textbook. Second Revised Edition, eds. Asbj?rn Eide, Catharina Krause and Allan Rosas (The Hague: Kluwer Law International, 2001) (32pp):
- Eide, Asbj?rn, ”Economic, Social and Cultural Rights as Human Rights” pp: 9-28 (20pp)
- Rosas, Allan, “The Right to Development”, pp: 119-130 (12pp)
International Protection of Human Rights : A Textbook 2nd, revised edition, eds. Catarina Krause and Martin Scheinin, (Turku: ?bo Akademi University Institute for Human Rights, 2012) (46pp)
- Cusack, Simone and Rebecca J. Cook, “Combatting Discrimination Against Women” pp. 211-242 (31pp)
- Brett Rachel “Non-Governmental Organizations and Human Rights” pp.679-693 (15pp)
Schütter, de Olivier, International Human Rights Law, Cases, Materials, Commentary, (Cambridge: Cambridge University Press, 2014) (540pp):
- The emergence of international human rights, pp.13-146 (133pp)
- The prohibition of discrimination, pp.632-804(173pp)
- The mechanisms of protection, pp.807-1040 (234pp)
The number of pages seems higher than normal for JUS5710 because the above readings include much cases and materials, which we should not take into account for the number of pages for this course.
Smith, Rhona, Textbook on International Human Rights, 7th ed.,(Oxford:Oxford University Press 2016). (123pp): (will be updated to 8th edition):
- Pp: 38-51, 179-189 (23pp):The International Bill of Human Rights
- Pp: 216-231, 234- 247(30pp): The right to life and freedom from torture
- Pp: 287- 301 (15pp):The right to self-determination
- Pp: 304- 316 (13pp):Freedom of Expression
- Pp: 347-388 (42pp): Minority rights; indigenous peoples’ rights; rights of women, children and refugees
Universal human rights and extraterritorial obligations, Eds. Mark Gibney and Sigrun Skogly (Philadelphia: University of Pennsylvania Press 2010):
- Nowak, Manfred “Obligations of States to Prevent and Prohibit Torture in an Extraterritorial Perspective”, pp.11-29 (19pp)
Articles:
Alston, Philip, "Against a World Court of Human Rights." Ethics & International Affairs 28(2) (2014).: 197-212.(16pp)
Alston Philip “The General Comments of the UN Committee on Economic, Social and Cultural Rights in Proceedings of the Annual Meeting, American Society of International Law, Vol. 104, International Law in a Time of Change (2010), (Cambridge University Press on behalf of the American Society of International Law) pp. 4-7 (4pp)
Nickel, James W. “Goals and Rights. Working Together” in The Millennium Development Goals and Human Rights. Past, Present and Future, eds. Malcolm Langford, Andy Sumner , Alicia Ely Yamin,, (Cambridge University Press, Online publication date:October 2013) pp.37-48.(12pp)
Nowak Manfred “The Right of Victims of Human Rights Violations to a Remedy: The Need for a World Court of Human Rights”, Nordic Journal of Human Rights, 32:1, (2014):pp. 3-17 (15pp) DOI: 10.1080/18918131.2013.877552
Tomuschat, Christian “Human Rights and International Humanitarian Law”, European Journal of International Law, Volume 21, Issue 1, 1 February 2010, Pp.15–23 (9pp)
At each lecture students should prepare to discuss “cases” from the main literature, four of which shall be studies in depth in seminars, TULSA.
TOT: 816 pp
The number of pages seems higher than normal for JUS5710 because the above readings include much cases and materials, which we should not take into account for the number of pages for this course.
You will consult additional pensum materials, consisting of primary documents such as official documents, relevant decisions and cases from universal or regional institutions, supporting the reading requirements and lectures. They are listed in the detailed course outline with relevant web address or made available in CANVAS for each lecture.
We recommend you to consult the following materials for the review of the UN Treaty Body System in accordance with GA RES 68/268 (2014). Strengthening and enhancing the effective functioning of the human rights treaty body system, see Optimizing the UN Treaty Body System, Academic Platform Report On The 2020 Review, The Geneva Academy of International Humanitarian Law and Human Rights, May 2018.
For developments relating to the Human Rights Council, you are recommended to consult: “Righting Historic Wrongs; The First session of the Human Rights Council; "Neither Mountain nor Molehill – Un Human Rights Council One Year On”; “Digging Foundations or Trenches – UN Human Rights Council Year 2”; “A Curate’s Egg. UN Human Rights Council: Year 3”, all reports by R. Brett. These reports can be found on www.quno.org under Publications and Statements, Quaker United Nations Office.
JUR 1710 Bachelor's level :
Please note! Since what you learn in this course is part of International Law, we strongly recommend that you read: Burgenthal,T.and Murphy, S.D., Public International Law in a Nutshell. Fourth Edition, St.Paul,MN: Thomson/West, 2007, to support your understanding of the required readings in the course.
There are other textbooks on international law, which further explore the subject, e.g. Brownlie, I., Principles of International Law, Eight Edition, (Oxford: Oxford University Press, 2012).
It is useful to read James Nickel’s Making Sense of Human Rights, 2nd Edition (Malden USA; Oxford UK; Carlton Australia: Blackwell Publishing,2007) in order to get a broad understanding of the contemporary conception of human rights.
The Faculty of Law at the UiO wishes to promote an increasing emphasis on gender in the education at the Faculty. In pursuing this aim, we strongly recommend that you read the following articles:
Allwood, Gill “Gender mainstreaming and policy coherence for development: Unintended gender consequences and EU policy”, Women's Studies International Forum, July-August 2013, Vol.39, pp.42-52 (10pp)
Lee, Seryon “Legal Feminism and the UN's Gender Mainstreaming Policy: Still Searching for the Blind Spot”, Journal Of East Asia And International Law, 2013 Fal, Vol.6(2), pp.367-384 (18pp)
Lovecy, Jill “Gender mainstreaming and the framing of women's rights in Europe: The contribution of the Council of Europe”, Feminist Legal Studies, 2002 (updated in 2006), Vol.10(3), pp.271-283 (13pp)
Sj?fjell, Beate and Irene Lynch Fannon “Corporate Sustainability. Gender as an Agent for Change?”, in Creating Corporate Sustainability: Gender as an Agent for Change, eds. B. Sj?fjell & I. Lynch Fannon (Cambridge: Cambridge University Press, 2018) pp-305-325 (20pp)
Required reading:
Chapters in Books:
Economic, Social and Cultural Rights. A Textbook. Second Revised Edition, eds. Asbj?rn Eide, Catharina Krause and Allan Rosas (The Hague: Kluwer Law International, 2001) (32pp):
- Eide, Asbj?rn, ”Economic, Social and Cultural Rights as Human Rights” pp: 9-28 (20pp)
- Rosas, Allan, “The Right to Development”, pp: 119-130 (12pp)
International Protection of Human Rights : A Textbook 2nd, revised edition, eds. Catarina Krause and Martin Scheinin, (Turku: ?bo Akademi University Institute for Human Rights, 2012) (46 pp)
- Cusack, Simone and Rebecca J. Cook, “Combatting Discrimination Against Women” pp. 211-242 (31pp)
- Brett Rachel “Non-Governmental Organizations and Human Rights” pp.679-693 (15pp)
Smith, Rhona, Textbook on International Human Rights, 7th ed.,(Oxford: Oxford University Press 2016) (312pp) (will be updated to 8th edition):
- Pp: 1-25 (25pp): Historical background
- Pp. 26-36, 52-178 (136pp): Institutions and mechanisms
- Pp. 37-51, 179-191 (26pp):The International Bill of Human Rights
- Pp. 192-213 (22pp): Equality and Non-discrimination
- Pp. 216-248(32pp): The right to life and freedom from torture
- Pp: 287-303 (16 pp):The right to self-determination
- Pp: 304-317 (13pp):Freedom of Expression
- Pp: 347-389 (42pp): Minority rights; indigenous peoples’ rights; rights of women, children and refugees
Articles:
Nickel, James W. “Goals and Rights. Working Together” in The Millennium Development Goals and Human Rights. Past, Present and Future, eds. Malcolm Langford, Andy Sumner , Alicia Ely Yamin,, (Cambridge University Press, Online publication date:October 2013) pp.37-48.(12pp)
Nowak Manfred “The Right of Victims of Human Rights Violations to a Remedy: The Need for a World Court of Human Rights”, Nordic Journal of Human Rights, 32:1, (2014):pp. 3-17 (15pp) DOI: 10.1080/18918131.2013.877552
Tomuschat, Christian “Human Rights and International Humanitarian Law”, European Journal of International Law, 21(1) 1 February 2010, pp.15–23 (8pp)
TOT: 425pp
Additional pensum material consisting of primary documents such as official documents, relevant decisions and cases from universal or regional institutions in support of the reading requirements and lectures will be referred to in the detailed course outline with relevant web address or made available on fronter for each lecture.
Reference texts:
Master's and Bachelor's Level:
Brownlie’s documents on human rights, 6th ed. Brownlie, Ian and Guy S.Goodwin-Gill, (eds.),Oxford: University Press, 2010.
OR
Global and regional treaties, Ole Kristian Fauchald and B?rd Sverre Tuseth (eds.) Oslo : Department of Public and International Law, University of Oslo, cop. 2016.
Earlier editions of Folkerettslig Tekstsamling, 3.utgave, Buflod, Sandnes og Aasebo (red.), Oslo: Cappelen Akademisk Forlag, 2006, AND Basic Documents on Human Rights, 5th ed., Brownlie, Ian and Guy S.Goodwin-Gill, (eds.),Oxford: University Press, 2006, may also be adequate BUT students need to check that the needed documents are included