FALL 2021
COURSE OUTLINE - HMRT 3123A INTERNATIONAL HUMAN RIGHTS
Department of Human Rights, St. Thomas University
We respectfully acknowledge that St. Thomas University is situated on the Territory of the Maliseet/Wəlastəkwiyik.
Tuesdays, 6:30-9:30 pm (September 14 - December 7)
Room G5, James Dunn Hall
Instructor: Bronwen Cunningham, BFA, MA
Contact: cunningham@stu.ca
Office hours: By appointment on Teams or by phone, Wednesdays 5:00 to 7:00 PM.
Teaching Assistant: Mark Edgar
Contact: hmkzz@stu.ca
Calendar course description
This course explicates the principal international and regional systems in place for the protection and promotion of human rights, including the Inter-American, European, African, and United Nations systems. Students will study the most important human rights instruments, such as the International Bill of Rights, the European Convention on Human Rights, and the American Convention on Human Rights.
Course content
Using Canada as a point of entry, this course surveys the machinery of international human rights systems and domestic implementation, monitoring and accountability. The focus is on the elaboration, diffusion and domestic application of international human rights norms, and how they may be interpreted and applied by governments and other actors to the kinds of policy and legal issues that these systems are designed to identify and address.
To situate students and connect international human rights norms to policy applications on the ground, we will start with an orientation to Canada’s international human rights obligations. Then we will broaden out to look at the primary international human rights instruments and institutions, including international courts and tribunals, of the United Nations and the five regional international human rights systems in Africa, Europe, the Americas, the Middle East and Asia-Pacific. This review will involve a brief exploration of how the different regional systems reflect historical legacies born of colonialism, religion and other factors. Students will contribute to this survey by investigating, writing and presenting on how international norms and standards are applied to topical issues in Canada, such as food security, Indigenous rights, corporate social responsibility, and violence against women.
The second half of the course starts with a review of the ways in which new international human rights instruments come into being. Starting with an examination of innovations in the Convention on the Rights of Persons with Disabilities (CRPD), we’ll see what can be learned about advocacy, applying human rights-based approaches in policy, and issues for the creation of new human rights instruments on business and human rights and the rights of older persons. This is followed by a survey of four complex topics that have global and Canadian relevance: human rights defenders, the Sustainable Development Goals (SDGs), forced labour and slavery, and the right to a healthy environment. These topics cut across different instruments and multilateral institutions, and present challenges for current norms, governments, local economies, civil society, Indigenous peoples, businesses and consumers.
Course objectives
By the end of this course, students should have:
· A working knowledge and understanding of key international human rights instruments and standards, the obligations of states parties, and the multilateral institutions and mechanisms established to advance, monitor and enforce implementation;
· Knowledge about how to research and find pertinent materials about international human rights and relevant issues that will be necessary to future work in the field;
· Insight into the different kinds of actors involved in the elaboration, diffusion and monitoring of international human rights, and where they may fit in; and
· An understanding of how, as a dualist, federated state, Canada engages with its international human rights treaty obligations, how this differs from the way treaties take effect in other states, and the range and complexity of public policy applications for Canada’s international human rights obligations.
General expectations
Students are expected to attend all classes, read the assigned texts as scheduled for each class in this syllabus, arrive on time, and be prepared to participate in class discussions and activities to the best of their abilities.
Class time will be used for a combination of lectures, discussions, and group activities. Participation is essential. Students will be asked to discuss and offer their views on the ideas and issues covered in readings, lectures and presentations.
PowerPoints of lectures will be made available on Moodle after the lecture. Please note that the PowerPoints are high level and do not contain the details provided in the lecture.
Email is preferred for contacting the instructor and TA. As both have full-time day jobs, responses to messages may be sent on evenings and weekends.
Absences and missed deadlines
University regulations stipulate that students are responsible for notifying the instructor when they expect to miss a class. Students should also contact the instructor in advance of any deadlines if they anticipate that they will need extensions for assignment deadlines.
Readings
Students are required to read a range of primary texts, reports and other information about international human rights matters that are produced by different actors, such as governments, civil society and Indigenous organizations, and international human rights treaty bodies. Supplemental readings are also provided; while students are not expected to be responsible for this information, it will enrich your understanding and your contributions to the class.
All of the assigned and supplemental readings are available online and links or PDFs are provided on Moodle. Readings for the first half of the course are provided in the week-by-week breakdown below. Readings for the second half of the course will be assigned in due course. A list with links of essential online resources is provided at the end of this syllabus.
Assignments and grading
International human rights practices require advocacy and analytical skills, as well as knowledge of the primary sources, methods and institutions. These assignments are intended to provide students with opportunities to learn about and recognize possibilities for the practical application of international human rights standards in a range of situations and from different perspectives. Students will be exposed to different subject areas. Within the broad topics of the assignments, they will also have the opportunity to delve into the subjects that they are particularly interested in knowing more about.
Details on assignments will be provided and discussed during lectures at least three weeks before the due dates. Assignments must be handed in at class on the due date. Please note that the instructor and teaching assistant have full-time day jobs and cannot get to campus during office hours to pick assignments up. Students should keep copies of their work for all assignments.
For late assignments, 5% of the total mark will be deducted for each day past the deadline, including weekends and public holidays.
Students’ grades will be based on their work as follows:
10% Participation
Based on attending the Vigod lecture, in-class group activities, and sharing news updates (Moodle and in-class).
20% Test (Week 4)
Topic: The content of the first 3 classes on Canada, and on the United Nations and regional human rights systems.
10% Group presentation (to be assigned Week 2 and due Weeks 5 and 6)
Topic: Reports of United Nations Special Procedures on Canada 2010-2020.
15% Written reflection – 1000 words (Week 6)
Topic: Subject of group presentation on the reports of United Nations Special Procedures on Canada 2010-2020.
20% Essay 1 – 1500 words (to be assigned Week 6 and due Week 9)
Topic: Human rights defenders
25% Essay 2 - 2500 words (to be assigned Week 9 and due Week 12)
Topic: International human rights and the Sustainable Development Goals (SDGs)
|
ST. THOMAS UNIVERSITY GRADING SYSTEM |
|||
|
Grade |
% |
Short Definition |
Detailed Definition |
|
A+ |
95 - 100 |
(Exceptionally) excellent |
Demonstrating an exceptional knowledge of the subject matter, literature, concepts and/or techniques. In addition, it may include: outstanding powers of analysis, criticism, articulation, and demonstrated originality. A performance qualitatively better than that expected of a student who does the assignment or course well.
|
|
A |
90 - 94 |
Excellent |
|
|
A- |
85 - 89 |
(Nearly) excellent |
|
|
B+ |
80 - 84 |
(Very) good |
Demonstrating considerable knowledge of the subject matter, concepts, and techniques as well as considerable ability to analyze, criticize, and articulate; performance in an assignment or course which can be called “well done.”
|
|
B |
75 - 79 |
Good |
|
|
B- |
70 - 74 |
(Fairly) good |
|
|
C+ |
65 - 69 |
(Better than) adequate |
Demonstrating a reasonable knowledge of the subject matter, concepts, and techniques; performance in an assignment or course which, while not particularly good, is adequate to satisfy general University requirements and to indicate that the student has learned something useful.
|
|
C |
60 - 64 |
Adequate |
|
|
C- |
55 - 59 |
(Barely) adequate |
|
|
D |
50 - 54 |
Minimally acceptable |
Marginal performance, demonstrating a low level of understanding and ability in an assignment or course; less than adequate to satisfy general University requirements, but sufficient to earn a credit.
|
|
F |
|
Unacceptable |
Wholly below University requirements.
|
|
WF |
|
Withdrawn with failure |
Failing grade awarded to student who withdraws from a course after the deadline.
|
|
For more information on the University’s academic regulations, see the 2021-2022 academic calendar: https://www.stu.ca/registrar/academic-calendar/2021-2022-academic-calendar-/ |
|||
WEEK-BY-WEEK CLASS SCHEDULE
|
September 14
Introduction to the course
Canada’s international human rights obligations
|
1. Welcome · Introductions · Outline of the course content, method of student assessment and general expectations.
2. Group activity: Read (in-class) and discuss Amnesty International’s Report 2020/21 on Canada: https://www.amnesty.org/en/location/americas/north-america/canada/report-canada/
3. Lecture: Orientation to Canada’s engagement on international human rights
4. Assignment: Weekly news updates (Moodle and in-class)
Dates and deadlines: September 15 – New Brunswick Human Rights Day September 17 – Last day to confirm registration by arranging payment of fees and to add Fall term and full-year courses.
|
|
September 21
United Nations system |
1. Housekeeping and news updates
2. Lecture: Orientation to the United Nations human rights system (instruments and institutions)
a. OHCHR’s Easy-to-read version of the Human Rights Covenants https://www.ohchr.org/Documents/ProfessionalInterest/Easy-to-read-ICCPR-ICESCR.pdf b. Choose one of the following UN human rights treaties: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) https://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) https://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx Convention on the Elimination of All Forms of Racial Discrimination (CERD) https://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx Convention on the Rights of Persons with Disabilities (CRPD) https://www.ohchr.org/EN/HRBodies/CRPD/Pages/ConventionRightsPersonsWithDisabilities.aspx Convention on the Rights of the Child (CRC) https://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) https://www.ohchr.org/EN/ProfessionalInterest/Pages/CMW.aspx International Convention for the Protection of All Persons from Enforced Disappearance (CED) https://www.ohchr.org/EN/HRBodies/CED/Pages/ConventionCED.aspx
3. Group activity – Based on the assigned readings, discussion of how the international covenants (ICCPR and ICESCR) are applied in the rest of the UN human rights treaties.
4. Assignment: Canada and United Nations special procedures
Dates and deadlines: September 30 – 1st National Day for Truth and Reconciliation (Orange Shirt Day)
|
|
September 28
Regional systems |
1. Housekeeping and news updates
2. Lecture: Orientation to the regional human rights systems
Required readings - Choose two instruments from different regional human rights systems from the following list: European Convention on Human Rights https://www.echr.coe.int/documents/convention_eng.pdf European Social Charter American Convention on Human Rights (Pact of San Jose) http://www.internationalhumanrightslexicon.org/hrdoc/docs/americanconvention.html African Charter on Human and Peoples' Rights (Banjul Charter) http://www.internationalhumanrightslexicon.org/hrdoc/docs/AfricanCHPR.pdf Revised Arab Charter on Human Rights http://www.internationalhumanrightslexicon.org/hrdoc/docs/arabcharter2005.htm Association of Southeast Asian Nations ASEAN Human Rights Declaration file:///C:/Users/Dell/Downloads/aseanhumanrights-eng.pdf
3. Group activity – Discussion based on the assigned readings: · How do the regional human rights instruments incorporate the norms established in the UN Bill of Rights? · How do they reflect regional priorities and cultures? · What are the differences?
4. Group activity: ½ hour for groups to get organized for their presentations
|
|
October 5
Test
CAT review |
1. Test: Canada, the United Nations and regional human rights systems (1 hour, 20% of course grade)
2. Housekeeping and news updates
3. To be confirmed - Guest lecture: Justice Canada and former Amnesty International staff on the 2018 review of Canada’s 7th report under the Convention against Torture.
Required readings: a. 2018 Concluding Observations on the seventh periodic report of Canada, Committee Against Torture https://undocs.org/en/CAT/C/CAN/CO/7 b. Choose at least one of the following civil society submissions to the Committee on Torture respecting Canada’s upcoming 8th periodic report: Amnesty International https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/CAN/INT_CAT_ICS_CAN_45201_E.pdf Canadian Association of Elizabeth Fry Societies https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/CAN/INT_CAT_ICS_CAN_45204_E.pdf Equality Now & End FGM Canada Network Fédération internationale de l’action des chrétiens pour l’abolition de la torture (FIACAT) & Action des chrétiens pour l’abolition de la torture (ACAT/Canada) https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/CAN/INT_CAT_ICS_CAN_45203_F.pdf HIV Legal Network and the Centre on Drug Policy Evaluation https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/CAN/INT_CAT_ICS_CAN_45208_E.pdf Semaganis Worme Lombard https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/CAN/INT_CAT_CSS_CAN_45207_E.pdf Canadian Human Rights Commission
Dates and deadlines: October 11 – Thanksgiving
|
|
October 12
Presentations: Groups 1-5
Measuring progress |
1. Housekeeping and news updates
2. Group presentations: Canada and United Nations special procedures · Groups 1 to 5
3. Review the test together
4. Lecture: Measuring progress
Required readings: To be determined
5. Annual Vigod Memorial Lecture in Human Rights Dr David Boyd, UN Special Rapporteur on Human Rights and the Environment October 14, 7PM on Zoom Attendance is required as part of participation grade and in preparation for Week 11 class.
|
|
October 19
Presentations: Groups 6-10
Reflection due
Human Rights Defenders
|
1. Housekeeping and news updates
2. Group presentations: Canada and United Nations special procedures · Groups 6 to 10
3. Lecture: Human Rights Defenders
Required readings: To be determined
4. Assignment: Human Rights Defenders · 1500-word essay due November 16 |
|
October 26
Complaints and inquiries
|
1. Housekeeping and news updates
2. Lecture: Complaints and inquiries Case study: Inquiries into violence against Indigenous women in Canada (Inter-American Commission on Human Rights and the United Nations Committee on the Elimination of Discrimination against Women)
Required readings: To be determined
3. Group activity: TBD
4. Class check-in: What’s working and what could be improved · 15 minutes for written anonymous feedback
Dates and deadlines: November 1 – Last day to withdraw from a course without academic penalty, get a partial refund, declare a major and apply for Spring Convocation.
|
|
November 2
New instruments and norms
|
1. Housekeeping and news updates
2. Lecture: Creating new instruments and establishing new norms The Convention on the Rights of Persons with Disabilities and the development of new instruments on business and human rights and on the rights of older persons.
Required readings: To be determined
3. To be confirmed - Guest lecture: What the Convention on the Rights of Persons with Disabilities means in New Brunswick, New Brunswick Association for Community Living
Dates and deadlines: November 11 – Remembrance Day
|
|
Reading Week – November 8-12 |
|
|
November 16
Sustainable Development Goals
Essay 1 due |
1. Housekeeping and news updates
2. Lecture: Human rights and the Sustainable Development Goals (SDGs)
Required readings: UN Declaration on the Right to Development https://www.ohchr.org/Documents/Issues/Development/RTD_booklet_en.pdf
3. To be confirmed - Guest lecture: Atlantic Council for International Cooperation on their SDG activities
4. Group activity: To be determined
5. Assignment: Human Rights and the Sustainable Development Goals · 2500-word essay due December 7
Assignment due: Essay on human rights defenders
|
|
November 23
Labour rights |
1. Housekeeping and news updates
2. Lecture: Labour rights are human rights Canada and the International Labour Organization treaties Case study: Forced labour and modern slavery in supply chains
Required readings: To be determined
3. To be confirmed - Guest lecture: The Canadian Centre to End Human Trafficking on labour and sex trafficking in Canada and their activities.
4. Group activity: To be determined
|
|
November 30
Right to a healthy environment |
1. Housekeeping and news updates
2. Lecture: The right to a healthy environment
Required readings: To be determined
3. To be confirmed - Guest lecture: The Environmental Bill of Rights: An Act to Protect Children, All New Brunswickers and Nature
4. Group activity: Follow up on Annual Vigod Memorial Lecture in Human Rights by Dr David Boyd, UN Special Rapporteur on Human Rights and the Environment.
|
|
December 7
Wrap up
Essay 2 due |
1. Housekeeping and news updates
2. Course review and group activities
Required readings: To be determined
Assignment due: Essay on human rights and the SDGs |
ESSENTIAL ONLINE RESOURCES
General information
Atlantic Human Rights Centre – Links to international and regional human rights bodies, key instruments and international courts.
https://wp.stu.ca/ahrc/research-tools/
University of Minnesota Human Rights Library – Links to all of the international human rights instruments and multilingual resources in a wide range of human rights topics. http://hrlibrary.umn.edu/
International Justice Resource Centre – Information and research aids about international law, institutions and development. Subscription.
Open Global Rights – Multilingual site for discussion and articles on human rights practices on a wide array of issues from around the world. Subscription.
https://www.openglobalrights.org/
Business & Human Rights Resource Centre – Multilingual site for news and analysis on a full range of topics related to business and human rights, including climate change, labour rights, Indigenous rights, extractive industries, fast fashion and others. Subscription. https://www.business-humanrights.org/en/
International Service for Human Rights – Has a mission to support human rights defenders, strengthen international and regional human rights systems, and build, lead and support human rights networks and coalitions.
International and regional human rights systems
United Nations Office of the High Commissioner on Human Rights (OHCHR)
https://www.ohchr.org/EN/pages/home.aspx
European Union
https://europa.eu/european-union/topics/human-rights_en
Organization of American States
www.oas.org/OASpage/humanrights.htm
African Commission on Human and Peoples’ Rights
African Court on Human and Peoples’ Rights
http://www.african-court.org/en/
Association of Southeast Asian Nations (ASEAN) Intergovernmental Commission on Human Rights
Middle East human rights links
https://unimelb.libguides.com/c.php?g=928011&p=6704321
Canada
OHCHR Canada page
https://www.ohchr.org/EN/countries/LACRegion/Pages/CAIndex.aspx
Government of Canada human rights links
https://www.canada.ca/en/services/culture/canadian-identity-society/human-rights.html
- Enseignant: Bronwen Cunningham