(EM7438)

Human Rights in Theory and Practice

MPhil. International Peace Studies

Irish School of Ecumenics, Trinity College Dublin

Lectures will take place at ISE, on Fridays 2.00-4.00 pm

Module Coordinator: Dr Dong Jin Kim

Email: kimdj@tcd.ie
Office hours: Friday, 12.30 -14.00

Introduction

This module provides a critical introduction to the fundamental ideas, principles and practices
which underpin the protection and promotion of Human Rights at the international and national
level. The module will also engage key issues and subject matters such as The Concepts of Human
Rights and the Universal Declaration Model; Human Rights between Universality and Cultural
Relativism; Human Rights and Peacebuilding; Human Rights in Political Transition; Cases of War
Crimes, Crimes against Humanity and Genocide; Human Rights and Development; Gendered
Perspectives of Human Rights; Refugees and Displaced People; Transitional Justice and Human
Rights; The Role of NGOs in Human Rights Advocacy; and The Politics of Human Rights.

The overall aim of this module is to develop a comprehensive knowledge of the cultural origins
and legal developments of the concept of Human Rights and its impact on political processes and
behaviour both within nation-states and in international politics. At the end of the course students
should be able to:

 critically evaluate theoretical and normative debates on Human Rights from a multi- and
inter-disciplinary perspective, including philosophy, religious studies, international
relations, and international peace studies.
 understand the role of norms/values in influencing political practice at local, regional, state
and international levels and the major factors which constrain or facilitate the effective
protection and entrenchment of Human Rights.
 grasp the main difficulties and dilemmas involved at all political levels in trying to
establish, institutionalise, enact and enforce Human Rights.

Teaching Methods

The module is based on an interactive teaching approach. Each session is divided into a lecture
and a group discussion. Some readings will be available on Blackboard, whilst others you will
need to retrieve from the library. Students are expected to engage actively during the lecture and in
group discussions. Each group will be asked to present the outcome of their discussion.

Please note that the course outline is subject to possible adjustments/changes

Assessment:

This module will be assessed by a final essay of approximately 4,000 words in length (format A4,
main text 12pt double-spaced, footnotes 10pt single spaced)

The objective of the essay will be to explore an area of human rights of your interest. The essay
must demonstrate significant research and should aim to critically evaluate literature available on a
chosen subject. The essay questions are available at the end of this outline. Please bear mind that
essays submitted with different questions or titles will not be accepted.

All assignments must be submitted via turnitin, a programme designed to detect plagiarism, used
by Trinity. The ‘TurnItIn Student Quickstart guide’ (3 pages) is available through the CAPSL
(Centre for Academic Teaching and Learning) page on the TCD website
https://www.tcd.ie/CAPSL/students/integrity-plagarism/, or via CAPSL on trinity home page -
under ‘services’. You will first need to register and create a user profile (see CAPSL guide above).

The class ID for this module is: 14454654

The enrolment password for this module is: humanrights

When you have registered for TurnItIn, you will be able to submit your essays electronically by
following Step 2 to Step 6 of the Quickstart guide. You will also need to submit a hard copy of the
essay to Mary Priestman, Executive Officer, International Peace Studies, by the essay deadline:
April 19 2017, by 5pm.

Suggested Readings

Jack Donnelly, Universal Human Rights in Theory and Practice, Cornell University Press, 2003
Paul Gordon, The Evolution of Human Rights, Visions Seen, University of Pennsylvania Press,
2003
Samuel Moyn, The Last Utopia: Human Rights in History, Belknap, 2010
Stefan-Ludwig Hoffmann (ed.), Human Rights in the Twentieth Century, Cambridge University
Press, 2011

Please note that the course outline is subject to possible adjustments/changes

 Lectures outline

Week 1 (Jan. 20) The Concepts of Human Rights and the Universal Declaration Model
Dr Dong Jin Kim

§ Readings:
Anthony J. Langlois, “Normative and Theoretical Foundation of Human Rights” (2013)
Michael J. Perry, The Idea of Human Rights, Four Inquiries, Oxford University Press, 1998,
Chapter I.
Jack Donnelly, Universal Human Rights in Theory and Practice, Cornell University Press, 2003,
pp. 1-37.
James W. Nickel, Making Sense of Human Rights, Blackwell, 2010, pp. 7-14 and pp. 35-52.
Johannes Morsink, The Universal Declaration of Human Rights, Origins, Drafting and Intent,
University of Pennsylvania Press, 1999, Chapter I and IIX.
R.K.M. Smith & C. van den Anker, The Essentials of Human Rights, Hodder Arnold 2005,
Chapter 1 ‘The Historical roots of Human Rights’ by Michael Freeman
P. Stirk and D. Weigall, An Introduction to Political Ideas, Pinter, 1995, Chapter 4: ‘The Origin
and Nature of Rights’.
G. Robertson, Crimes Against Humanity, Chapter 1.
M. Freeden, Rights, Oxford University Press, 1991, Chapter 2: ‘The emergence of Rights in
Political Thinking’.
P. Davies (ed), Human Rights, London: Routledge, 1988, Chapter 1: ‘Human Rights, an Historical
Perspective’.
Gomes de Matos, Francisco, 60 Years of the Universal Declaration of Human Rights: A Poem-
Plea, Human Rights Quarterly, Vol. 30, 2008.

Week 2 (Jan. 27) Human Rights between Universality and Cultural Relativism
Dr Dong Jin Kim

One of the most important contemporary debates on human rights is around the claim that human
rights are universal, possessed by all by virtue of being human. This claim is contested from a
number of theoretical perspectives and also in practice. What are the sources of challenges to the
idea that human rights are universal? Can it be argued that human rights are the best safeguard for
a plurality of cultures?

§ Essential Readings:
Donnelly, Jack, ‘The Relative Universality of Human Rights’, Human Rights Quarterly Vol. 29,
2007, pp. 281-306.
Goodhart Michael, ‘Neither Relative nor Universal: A Response to Donnelly’, Human Rights
Quarterly, Vol. 30, 2008, pp. 183-193.

§ Further Readings:
Afshari, Reza, ‘Relativity in Universality: Jack Donnelly’s Grand Theory in Need of Specific
Illustrations’, Human Rights Quarterly, Vol. 37, 2015, pp. 854-912.
Ann-Belinda S.Preis, ‘Human Rights as Cultural Practice: An Anthropological Critique’, Human
Rights Quarterly, Vol. 18, 1996, pp. 286-315.
C. Brown, ‘Universal human rights: a critique’, in Dunne and Wheeler (eds), Human Rights in
Global Politics, 103-127.

Please note that the course outline is subject to possible adjustments/changes

B. Parekh, ‘Non-ethnocentric universalism’, in Dunne and Wheeler (eds), Human Rights in Global
Politics, 128-159.
S. Lukes, ‘Five Fables about Human Rights’, in Shute and Hurley (eds), On Human Rights: The
Amnesty Lectures (New York: Basic Books, 1993), 19-40.
Mayer, Ann Elizabeth, Evolving Concept of Human Rights in Hunter, Shireen and Malir, Homa
(eds.), Islam and Human Rights, Advancing a U.S.-Muslim Dialogue, The Centre for Strategic and
International Studies, Washington D.C., 2005, pp. 8-26.
R. Afshari, ‘An essay on Islamic cultural relativism in the discourse of human rights’, Human
Rights Quarterly, vol. 16 (May 1994).
F. Halliday, ‘Relativism and Universalism in Human Rights: the Case of the Islamic Middle East’,
Political Studies, vol. XLIII, Special Issue, 152-167.
Donnelly, Jack, Human Rights: Both Universal and relative (A Reply to Michael Goodhart),
Human Rights Quarterly, Vol. 30, 2008, pp. 194-204.

Week 3 (Feb. 3) Human Rights and Peacebuilding

Dr Dong Jin Kim

How should the international community deal with mass violations of human rights in countries
affected by protracted conflicts? Can justice and peace be pursued in tandem? This lecture
examines the theoretical and practical debates around the interrelationships between human rights
and peacebuilding.

§ Essential Readings:
Holzgrefe, J.L., ‘The humanitarian intervention debate’ in Humanitarian Intervention: Ethical,
Legal and Political Dilemmas, Cambridge University Press, 2003.
Roht-Arriaza, Naomi, ‘Human Rights and Strategic Peacebuilding: The Roles of Local, National,
and International Actors’ in Philpott and Powers (eds.), Strategies of Peace: Transforming
Conflict in a Violent World, Oxford University Press, 2010.

§ Further Readings:
Finnemore, Martha, “Paradoxes in humanitarian intervention”, in Price, M.R. edit, Moral Limit
and Possibility in World Politics, Cambridge University Press, 2008, pp. 197-224.
Labonte, Melissa, Human Rights and Humanitarian Norms, Strategic Framing, and Intervention:
Lessons for the responsibility to protect, Routledge, 2013.
Véronique Dudouet and Beatrix Schmelzle (eds.), Human Rights and Conflict Transformation:
The Challenges of Just Peace, Berghof Handbook Dialogue Series, 2010.
Schirch, Lisa, “Human Rights & Peacebuilding: Toward Justpeace”, Conflict Transformation
Program, International Studies Association Conference, 2002.
Hayden, Patrick, “Constraining War: Human Security and the Human Right to Peace” Human
Rights Review, October-December 2004.
Williams, Kenneth, “Justice or Peace? A Proposal for Resolving the Dilemma”, Pace
International Law Review, Vol 26. Issue 2, 2014.
Lambourne, Wendy, “Transitional Justice and Peacebuilding after Mass Violence” The
International Journal of Transitional Justice, Vol. 3, 2009, 28–48.

Please note that the course outline is subject to possible adjustments/changes

 Week 4 (Feb. 10) Human Rights in Political Transition
Dr Jude Lal Fernando

Ethical, legal and political issues surrounding transitional politics will be identified as an
introduction to the lecture. Among these issues applicability or non-applicability of international
humanitarian law in transitional politics will be examined. A critical appraisal of the political
context of promulgation of international humanitarian law and its adaptations and applications will
be undertaken. The students will be introduced to key scholarly insights concerning the UN
Convention on Punishment and Prevention of Genocide, and Rome Statutes.

§ Essential Reading:
Alexandra Barahona de Brito, Paloma Aguilar, and Carmen Gonzalez-Enriquez (eds.), The
Politics of Memory, Oxford University Press, 2001, pp. 1-39.
Sarah Nouwen and Wouter Werner, “Monopolizing Global Justice: International Criminal Law as
Challenge to Human Diversity”, Legal Studies Research Paper Series, University of Cambridge,
2014.

§ Further Reading:
Carla Hesse and Robert Post (ed.): Human Rights in Political Transition: Gettysburg to Bosnia,
Zone Books, 1999
Chandra Lekha Sriram: Confronting Past Human Rights Violations: Justice vs Peace in Times of
Transition, Routledge, 2004
John Morison et. al (ed.): Judges, Transition and Human Rights, Oxford University Press, 2007
Shale Horowitz and Albrecht Schnable (ed.): Human Rights and Societies in Transition: Causes,
Consequences and Responses, United Nations University Press, 2004.

Week 5 (Feb. 17) Cases of War Crimes, Crimes against Humanity and Genocide
Dr Jude Lal Fernando

Four specific cases of mass atrocities will be discussed: Bosnia, Guatemala, Rwanda and Sri
Lanka. The responses of international HRs mechanisms to these contexts will be evaluated. The
political dynamics of the application of international humanitarian law to these contexts will be
critically examined. In concluding remarks the role of the global civil society in protecting human
rights in transitional politics will be discussed.

§ Essential Reading:
Adam Jones, Genocide: A Comprehensive Introduction, Routledge, 2006, pp. 3-38.
Arturo Arias, “Revisiting the Guatemalan Genocide”

§ Reading:
Adam, Jones (ed.): Genocide, War Crimes and the West, Zed Books, 2004.
Robert Gellately and Ben Kiernan: The Spector of Genocide: Mass Murder in Historical
Perspective, Cambridge University Press, 2003
James Hughes: ‘Genocide and Ethnic Conflict’, in Routledge Handbook of Ethnic Conflict, Karl
Cordell and Stefan Wolff (ed.), London, Routledge, 2010, chapter 10
War Crimes, Genocide and Crimes Against Humanity, An International Journal http://www.war-
crimes.org/ (can be accessed via JSTOR)

Please note that the course outline is subject to possible adjustments/changes

 Week 6 (Feb. 24) Human Rights and Development
Dr Dong Jin Kim

This lecture will discuss whether a rights-based approach to development can be effectively used
as a tool to promote radical social transformation under conditions of intensified globalisation.

§ Essential Readings:
Haugen, Hans Morten, ‘UN Development Framework and Human Rights: Lip Service or
Improved Accountability?’ Forum for Development Studies, Vol. 42, No. 1, 2015, pp. 41-64.
Kuosmane, Jaakko, ‘Repackaging human rights: on the justification and the function of the right
to development’, Journal of Global Ethics, Vol. 11, No. 3, 2015, pp. 303-320.

§ Further Readings:
Paupp, Terrence E., ‘From disparity to centrality: How the human rights to peace and
development can be secured’ in Redefining Human Rights in the Struggle for Peace and
Development, Cambridge University Press, 2014.
James Rosenau, ‘The Drama of Human Rights in a Turbulent World’, in Alison Brysk,
Globalisation and Human Rights, University of California Press, 2002.
Robert McCorquodale and Richard Fairbrother ‘Globalisation and Human Rights’, Human Rights
Quarterly, Vol. 21,1999
Hamm, Brigitte, ‘A Human Rights Approach to Development’, Human Rights Quarterly, Volume
23, Number 4, November 2001, pp. 1005-1031.
Jagdish Bhagwati, Free Trade Today, Princeton University Press, 2003, Chapter 2.
Thomas Pogge, World Poverty and Human Rights: Cosmopolitan Responsibilities and Reforms,
Polity Press, 2002, General Introduction, and Chapters 1, 4, 8.
Robin Broad, Global Backlash: Citizen Initiatives for a Just World Economy, Rowman &
Littlefield, 2002, Intro (pp. 1-13), Part I Intro (pp. 13-22), Part II Intro (pp. 65-76), Part III Intro
(pp. 117-127)
Thakur, Ramesh, ‘Towards a Less Imperfect State of the World: The Gulf Between North and
South’, FES Briefing, Paper 4, April 2008.
Chapman, A.R. and Carbonetti, B., ‘Human Rights Protections for Vulnerable and Disadvantaged
Groups: The Contributions of the UN Committee on Economic, Social and Cultural Rights’,
Human Rights Quarterly, Volume 33, Number 3, August 2011.

Week 7: Reading Week (No lectures or seminars)

Week 8 (March 10) Gendered Perspectives of Human Rights

Dr. Roja Fazaeli

This class is at the intersection between human rights and gender studies. It will connect feminist
perspectives on women’s rights and international politics. It provides participants with an
understanding of how a gender lens is critical to all elements of security, conflict and peace-
building, by looking at the normative framework around women’s rights.

Please note that the course outline is subject to possible adjustments/changes

§ Essential Reading
Otto, Dianne. 2009. ‘The Exile of Inclusion: Reflections on Gender Issues in International Law
Over the Last Decade’ Melbourne Journal of International Law, Vol. 10, pp11-26.
Pillay, Anu. 2006. Gender, Peace and Peacekeeping. ISS Paper, No. 128, pp 1-12.

§ Further Readings
Bell, Christine and Catherine ORouke. 2010. ‘Peace Agreements or Pieces of Paper? The Impact
of UNSCR 1325 on Peace Processes and their Agreements’. ICLQ, Vol 59, October 2010 pp 941–
980.
Boyle, A. and C Chinkin, 2007. The Making of International Law. OUP: Oxford.
Cohn, C., H. Kinsella, and S. Gibbings. 2004. 'Women, Peace and Security: Resolution 1325',
International Feminist Journal of Politics 6(1): 130-140
Hudson, Heidi. “Doing Security as Though Humans Mattered A Feminist Perspective on the
Politics of Human Security.” Security Dialogue, Vol. 36, No 2, June 2005.
http://www.arts.yorku.ca/politics/ncanefe/courses/pols4255/pdf/Week%208%20Hudson.pdf
Mazurana, Dyan, and Susan McKay. 1999. Women and Peacebuilding: Essays on Human Rights
and Development 8. Montreal, Canada: International Center for Human Rights and Democratic
Development.
Piza-Lopez, Eugenia, and Susanne Schmeidl. 2002. Gender and Conflict Early Warning: A
Framework for Action. London and Geneva: International Alert and Swiss Peace Foundation.
Reilly, Niamh, Women’s Human Rights: seeing Gender Justice in a Globalising Age. Polity:
Oxford, 2008.
Scully, Pamela. 2009.‘Vulnerable Women: A Critical Reflection on Human Rights Discourse and
Sexual Violence’. Emory International Law Review Volume 23, Issue 1, pp. 113-124.
Tickner, J. Ann. 1992. Gender in International Relations: Feminist Perspectives on Achieving
Global Security. New York: Columbia University Press.
http://www.genderandsecurity.umb.edu/Tickner.pdf
United Nations Inter-Agency Standing Committee. Women, Girls, Boys and Men. Different
Needs, Equal Opportunities: A Gender Handbook for Humanitarian Action.

Week 9 (Monday March 20, 11:00-13:00)

Refugees and Displaced People: Does Statelessness Entail Rightlessness?
Dr. Carlo Aldrovandi

This lesson will start by considering the main legal frameworks in international law defining the
status of refugee and asylum seeker. It will then enquire into the experience of being stateless in
the world today, providing an overall understanding of the main HRs issues associated to the
legal, political and cultural categories of displaced, refugees and asylum seeking populations. It
will do so by drawing upon the insights of cultural anthropology, sociology and political
philosophy and theory.

§ Essential Reading:
Didier Fassin, Humanitarian Reason, A Moral History of the Present, University of California
Press, 2011, pp. 133-61.
Michel Agier, “Humanity as an Identity and Its Political Effects”, An International Journal of
Human Rights, Humanitarianism, and Development, Volume 1, Number 1, Fall 2010, pp. 29-45

Please note that the course outline is subject to possible adjustments/changes

§ Further Reading:
Guglielmo Verdirame, Rights in Exile, Janus-Faced Humanitarianism, Berghahn Books, 2005.
Zygmunt Bauman, Wasted Lives: Modernity and Its Outcasts, Polity, 2004.
Seyla Benhabib, Dignity in Adversity: Human Rights in Troubled Times, Polity, 2011 Linda
Bosniak, The Citizen and the Alien: Dilemmas of Contemporary Membership, Princeton
University Press, 2008.
Arthur C. Helton, The Price of Indifference, Refugees and Humanitarian Action in the New
Century, Oxford Univesity Press, 2002.
Seyla Benhabib, The Rights of Others, Aliens, Residents and Citizens, Cambridge Univesity Press,
2004.
Michel Agier, On the Margins of the World, The Refugee Experience Today, Polity, 2008.
Michel Agier, Managing the Undesirables, Refugee Camp and Humanitarian Government, Polity,
2011.

Week 10 (March 24) Transitional Justice and Human Rights

Dr. Brendan Brown

This class sees us turn a critical eye towards issues relating to how best to realise Human Rights
during times of transition away from serious conflict. Key issues such as the need to counter
impunity, recognise and meet victims’ needs and to ensure mass human rights violations are not
repeated in the future will be introduced and theorised. The class will seek to highlight some of the
difficulties when attempting to define subjective notions such as justice and reconciliation.
Students will be introduced to some of the key thinkers and scholars in the field.

§ Essential Reading:
Bell, C., Campbell, C, & Ní Aoláin, F. (2004) ‘Justice Discourses in Transition,’ Social and Legal
Studies, Vol.13 (3), pp. 305-328.
Akhavan, P. (2001) “Beyond Impunity: Can International Criminal Justice Prevent Future
Atrocities?” The American Journal of International Law, Vol. 95, No. 1, pp. 7-31

§ Further Readings
Dwyer, C. (2012), ‘Expanding DDR: the transformative role of former prisoners in community-
based reintegration in Northern Ireland’, International Journal of Transitional Justice, Vol.6 (2).
Mallinder, L. (2007) ‘Can Amnesties and International Justice Be Reconciled?’,
International Journal of Transitional Justice, Vol.1(2), pp. 208-230.
Browne, B. (Forthcoming, 2017) ‘Transitional Justice: the Case of Palestine’ in C. Lawther, L.
Moffatt & D. Jacobs (Eds.) The International Handbook on Transitional Justice (Elgar)

Week 11 (March 31) The Role of NGOs in Human Rights Advocacy

Mary Lawlor, Founder, Front Line Defenders
Adjunct Professor, School of Business, Trinity College Dublin

Please note that the course outline is subject to possible adjustments/changes

 Week 12 (April 7) The Politics of Human Rights: Overcoming the Binary of West vs. Rest
Prof. Neville Cox

There is a tension between Islamic Law and International human rights law in that many
supporters of the latter hold that human rights are universal in nature such that where Islamic law
and International human rights law conflict, the former must, empirically be wrong. However, the
normative underpinnings of the Islamic universalism enables Western observers better to
understand aspects of Islamic law which clash with Western views of human rights.

§ Essential Reading:
Neville Cox, “The Freedom to Publish ‘Irreligious’ Cartoons” Human Rights Law Review 16,
2016, pp. 195–221.
Mashood, Baderin, “Macroscopic Analysis of the Practice of Muslim State Parties to International
Human Rights Treaties: Conflict of Congruence” Human rights law review 1 (2), 2001, pp. 265-
304.

§ Further Readings
Neville Cox, The Clash of Unprovable Universalisms, Oxford Journal of Law and Religion, 2, (2),
2013, p. 307 – 329.
Neville Cox, Blasphemy, Holocaust Denial and the Control of Profoundly Unacceptable
Speech, American Journal of Comparative Law, LXII, (3), 2014, p. 739 – 774.
Mohammadmahdi Sadeghi and Masoud Raei, “The Reservation of Islamic Countries on Human
Rights Treaties: Roots of Political and Religion” International Academic Conference on Law &
Politics, 2014, p179-186.
David Johnston, “Islam and Human Rights: A Growing Rapprochement?” American Journal of
Economics & Sociology 74 (1), 2015, pp. 113-148.
David Hollenbach, “Comparative ethics, Islam, and human rights: internal pluralism and the
possible development of tradition” Journal of Religious Ethics, 38 (3), 2010, pp. 580-587.

Please note that the course outline is subject to possible adjustments/changes

Essay Questions

1) Which is the greatest threat to human rights today? Does your answer depend on where you live
or on which human rights you are considering?

2) To what extent does the concept of human rights create cultural clashes, expose them and
mediate them?

3) Will the promotion and enforcement of human rights always result in a more peaceful world
order?

4) Do the processes of development assistance undermine or facilitate human rights values, norms
and practices?

5) Describe the condition of being stateless in the world today and discuss which kind of human
rights concepts and humanitarian actions need to be deployed in order to tackle the problem of
human displacement.

6) Define the approaches and mechanisms of transitional justice and discuss the main benefits,
challenges and limitations in using them as tools to rebuild societies in the aftermath of human
rights violations.

7) If you were a human rights activist with only two alternative goals, would you campaign giving
priority to political human rights or to social/economic human rights? And what arguments would
you use to make a case for one goal over the other?

10

Please note that the course outline is subject to possible adjustments/changes