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2010-2011HR Syllabus Student's Copy

2010-2011HR Syllabus Student's Copy

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HUMAN RIGHTS Atty. Amparita S. Sta. Maria Atty.

Ray Paolo Santiago SY 2010-2011 COURSE OUTLINE SESSION 1: INTRODUCTION Week 1 Nov. 09 Reading: 1. International Human Rights Law and the Role of the Legal Professions: A General Introduction

SESSION 2: THE PRINCIPLE OF UNIVERSALITY AND CULTURAL RELATIVISM Week 2 Nov. 16 Readings: 1. 2. 3. 4. The Relative Universality of Human Rights by Jack Donnely “Asian Values” and the Universality of Human Rights by Xiarong Li Human Rights, ASEAN and Constructivism: Revisiting the “Asian Values” Discourse by Herman Joseph S. Kraft Case: Sandra Lovelace v. Canada Communication No. R.6/24, U.N. Doc. Supp. No. 40 (A/36/40) at 166 (1981).

SESSION 3: UN Mechanism: CHARTER AND TREATY-BASED OVERVIEW (DVD) Week 3 Nov. 23 SESSION 4: HUMAN RIGHTS SYSTEM: REGIONAL MECHANISM Week 4 Nov. 23/30 Readings: 1. *Human Rights: Regional Arrangements by Louis Henkin, pp. 523-608 2. Occasional Paper: The African Court on Human and People’s Rights 3. American Declaration of the Rights and Duties of Man 4. Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols 11 and 14 5. A Schematic Comparison of Regional Human Rights Systems by Heyns, Strasser and Padilla 6. Sander v. UK 7. Jaramillo v. Colombia SESSION 5: UN Treaty-Based Instruments: INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Week 5 Dec. 07 Readings: 1. International Covenant on Civil and Political Rights (ICCPR) 2. General Comment Nos. 6, 20, 21 & 29 3. Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development – Follow-up to the Alston Report 4. Cases: a) Soering v. United Kingdom b) Cox v. Canada c.) Pestaño v. RP d.) Toonen v. Australia e.) Joslin v. New Zealand

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No. 15/1994. 5. General Recommendation Nos. Turkey. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 2.N. 94986. 2. March 5. A/50/44 at 46 (1995) b. Canada. 4. 4. Norway MIDTERMS (January 10-19) SESSION 8: Week 8 Jan.R. 25 WOMEN’S HUMAN RIGHTS – CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN Readings: 1. No. Amparita S. February 23. The Honorable Judge Shari'a District Court. Sec.) Tahir Hussain Khan v. Confronting Racial Discrimination: A CERD Perspective by Patrick Thornberry The Meaning and Reach of the International Convention on the Elimination of All Forms of Racial Discrimination by Theodor Meron Cases: L. or Degrading Treatment or Punishment Concluding observations of the Committee against Torture CAT/C/PHL/CO/2 14 May 2009 Cases: a. 19. Denmark Sander v. 25 and 30. G. 169202. 5. Committee against Torture.SESSION 6: CONVENTION AGAINST TORTURE AND OTHER INHUMANE AND DEGRADING TREATMENT AND PUNISHMENT Week 6 Dec. 01 Readings: 1. 21 Readings: 1. Convention on the Elimination of All Forms of Racial Discrimination CERD. 14. General Recommendation No. 3. Doc. U.) Ireland v. of Foreign Affairs. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) CEDAW General Recommendation No. Convention Against Torture and Other Inhumane and Degrading Treatment and Punishment (CAT) and its Optional Protocol Abdullahi Ahmed An-Na‛im. Communication No. Toward a Cross-Cultural Approach to Defining International Standards of Human Rights: The Meaning of Cruel. 3. Inhuman. Draft Concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families: 2 . v. 20. 23178/94 [1997] ECHR 75 (25 September 1997) c. Maria. SESSION 7: CONVENTION FOR THE ELIMINATION OF RACIAL DISCRIMINATION (CERD) Week 7 Dec. 2010 Karen Vertido Communication SESSION 9: MIGRATION AND TRAFFICKING Week 9 Feb. G. 1995 Remo v. 25 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women Concluding Comments on Philippine Report 2006 Cases: Yasin v. The Problem with PDOS : A Gender Analysis 3. 2.) Aydin v. 5310/71 [1978] ECHR 1 (18 January 1978) 3.K.R. The Netherlands Jersild v. Sta. United Kingdom Jewish Community of Oslo v. UK. 14 Readings: 1. 2.

Factoran. General Comment No. 4.al. THE PHILIPPINES ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers SESSION 10: CHILDREN’S RIGHTS – CONVENTION ON THE RIGHTS OF THE CHILD Week 10 Feb. 4. UN Norms on the Responsibilities of Transnational Cor-porations and Other Business Enterprises with regard to Human Rights John Doe I. HEALTH AND ENVIRONMENT 1. 22 Readings: International Covenant on Economic. 3. TERRORISM & HUMAN RIGHTS Week 13 Mar. SESSION 11: Week 11 Feb. July. 2. Constitutional Court of South Africa Oposa v. Carolin Hillemanns. SOCIAL AND CULTURAL RIGHTS AND THE RIGHT OF SELF-DETERMINATION IN RELATION TO INDIGENOUS PEOPLES Readings: 1. Henkin.4/Sub. 15 The Convention on the Rights of the Child and Optional Protocols (1 & 2) Concluding observations: The Philippines Concluding observations: The Philippines on Involvement in Armed Conflict Abdullahi An-Na‛im.al. 3 and 20 Case: Olga Tellis & Ors. V. The Role of Right to Development SESSION 13: PEACE. (Central District of California.. (G. Social and Cultural Rights: Economic and Social Rights Limburg Principles on the Implementation of the International Covenant on Economic. Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights.2 (2003). et. Treatment Action Campaign. 1993 Sitta. 01 Reading: 1. 2. pp.N.. Bombay Municipal Corporation & Ors. 101083). 08 Readings: 1.4.. et. E/CN.al. SECURITY. 3. et. UNOCAL CORP. 475-480 Minister of Health v. 3. v.. ICESCR. Social and Cultural Rights General Comment Nos.. Group Rights. 2. 1997) FINALS (OCTOBER 12-21) 3 . 08 Readings: 1. 2.2/2003/12/Rev. Doc. 5. Cultural Transformation and the Normative Consensus on the Best Interest of the Child INTERNATIONAL COVENANT ON ECONOMIC. SESSION 12: Week 12 Feb. July 30. Etc. Almeida & Lipsett.R. U. Promoting Human Rights and Democracy in the Context of Terrorism and the Security State SESSION 14: NON-STATE ACTORS (IFIs AND TNCs) AND HUMAN RIGHTS Week 14 Mar. No. 14 L. 4. 3. 1985 Concluding Observations of the Committee 2008 COLLECTIVE/GROUP RIGHTS: THE RIGHTS TO DEVELOPMENT. 5. 10.

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