This course provides an overview of international human rights law (IHRL). Together with the course on European Human Rights Law it provides the foundation for the rest of the Adv. LLM programme in EIHRL – it is a “core course” within the meaning of Article 12 (5) of the applicable Course and Examination Regulations.
The course focuses on three aspects of the international human rights system: (i) its foundation in international law, (ii) the role of the UN and regional systems, and (iii) its application. The course complements the additional course on the European Human Rights system, and thus sets the foundations for other, more specialized courses in the programme. Following an introduction to different ways of thinking about international human rights (e.g., TWAIL, feminist or activist approaches), we will explore the international legal foundations of human rights law (e.g., legal sources), the scope of application, gaps and interpretation of IHRL, and its location within the broader framework of international law (e.g., state responsibility). We will discuss group rights and foundations of the UN system, treaty based human rights protection mechanisms (reporting procedures, complaints procedures, General Comments and the like) and Charter based mechanisms (the Human Rights Council, Universal Periodic Review; special procedures) and their specific roles within the system and their strengths and weaknesses. We will address regional approaches to human rights protection, with particular attention to the American and African human rights conventions and supervisory mechanisms. We then discuss the application of human rights law in relation to different global challenges (climate change, terrorism, armed conflict) and strategies of advocacy and litigation. Throughout the course, we seek to develop different perspectives on the roles of human rights actors, and the ways in which they give effect to the law in practice.
Objectives
students gain knowledge and understanding of the main features of the UN and regional human rights system (except for the European system, which is covered in a separate course).
They can articulate and explain the ways in which different human rights protection mechanisms co-exist, overlap and may influence each other, and their strengths and weaknesses.
students understand the sources of IHRL and how IHRL forms part of the broader system of international law;
students understand the workings of different human rights protection mechanisms at the UN and regional level and how they are engaged for the protection of human rights
students understand and can reflect critically on the strengths and weaknesses of various areas of IHRL and challenges arising from its application in practice;
In terms of practical skills, the students will become familiar with the sources and documents of international human rights actors and institutions (including the UN system), train their writing, oral and advocacy skills for the exams and group exercise, work together with their peers in framing and developing legal positions, and reflect critically on international legal practices against a wider political and societal background.
Mode of instruction
14-16 Lectures/seminars scheduled for 2-4 hours (normally 3 hour classes)
Teachers: profs. Helen Duffy and Carsten Stahn
Required preparation by students: read the compulsory course materials; prepare questions and cases; prepare individual and/or group presentations; find and analyse additional materials to prepare for such assignments.
Other methods of instructionDescription: guest lecture
Assessment method
Assessment method(s) and the weighting of each form of assessment towards the final grade:
(group) paper / oral exercise part 1: 20%
written take home exam (UN system): 30%
video exercise: 10%
final written exam: (regional systems, specific legal issues and their application in practice): 40%
Submission procedures_
Submission via Brightspace. Hard copy submission in class (final exam).
Areas to be tested within the exams
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.
Reading list
Literature:
- Ilias Bantekas & Lutz Oette, International Human Rights Law and Practice, Cambridge University press, 2024 (fourth edition) + additional materials.
Reader:
- Syllabus with readings is available to be downloaded from Brightspace.
Contact information
Institute: Public law
Co-ordinator: Carsten Stahn & Helen Duffy
Administration advanced masters: BIO
Mrs. Orsolya Kalsbeek-Bagdi and Ms. Kasia Janik: humanrights@law.leidenuniv.nl
Disclaimer
Currently these pages are being updated to reflect the courses for 2024 - 2025. Until these pages are fixed as per 1 September 2024 no rights can be claimed from the information which is currently contained within.
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.