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 Peoples 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.) Pestao v. RP d.) Toonen v. Australia e.) Joslin v. New Zealand

SESSION 6: CONVENTION AGAINST TORTURE AND OTHER INHUMANE AND DEGRADING TREATMENT AND PUNISHMENT Week 6 Dec. 14 Readings: 1. 2. Convention Against Torture and Other Inhumane and Degrading Treatment and Punishment (CAT) and its Optional Protocol Abdullahi Ahmed An-Naim, Toward a Cross-Cultural Approach to Defining International Standards of Human Rights: The Meaning of Cruel, Inhuman, or Degrading Treatment or Punishment Concluding observations of the Committee against Torture CAT/C/PHL/CO/2 14 May 2009 Cases: a.) Tahir Hussain Khan v. Canada, Committee against Torture, Communication No. 15/1994, U.N. Doc. A/50/44 at 46 (1995) b.) Aydin v. Turkey, 23178/94 [1997] ECHR 75 (25 September 1997) c.) Ireland v. UK, 5310/71 [1978] ECHR 1 (18 January 1978)

3.

SESSION 7: CONVENTION FOR THE ELIMINATION OF RACIAL DISCRIMINATION (CERD) Week 7 Dec. 21 Readings:

1. 2. 3. 4. 5.

Convention on the Elimination of All Forms of Racial Discrimination CERD, General Recommendation Nos. 14, 20, 25 and 30. 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.K. v. The Netherlands Jersild v. Denmark Sander v. United Kingdom Jewish Community of Oslo v. Norway MIDTERMS (January 10-19)

SESSION 8: Week 8 Jan. 25

WOMENS HUMAN RIGHTS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Readings: 1. 2. 3. 4. 5.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) CEDAW General Recommendation No. 19; General Recommendation No. 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 Honorable Judge Shari'a District Court, G.R. No. 94986, February 23, 1995 Remo v. Sec. of Foreign Affairs, G.R.No. 169202, March 5, 2010 Karen Vertido Communication

SESSION 9: MIGRATION AND TRAFFICKING Week 9 Feb. 01 Readings: 1. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 2. Amparita S. Sta. Maria, The Problem with PDOS : A Gender Analysis 3. Draft Concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families:

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THE PHILIPPINES ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers

SESSION 10: CHILDRENS RIGHTS CONVENTION ON THE RIGHTS OF THE CHILD Week 10 Feb. 08 Readings: 1. 2. 3. 4. SESSION 11: Week 11 Feb. 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-Naim, Cultural Transformation and the Normative Consensus on the Best Interest of the Child

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND THE RIGHT OF SELF-DETERMINATION IN RELATION TO INDIGENOUS PEOPLES

Readings: 1. 2. 3. 4. 5. SESSION 12: Week 12 Feb. 22 Readings:

International Covenant on Economic, Social and Cultural Rights: Economic and Social Rights Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights General Comment Nos. 3 and 20 Case: Olga Tellis & Ors. V. Bombay Municipal Corporation & Ors. Etc., July, 10, 1985 Concluding Observations of the Committee 2008

COLLECTIVE/GROUP RIGHTS: THE RIGHTS TO DEVELOPMENT, HEALTH AND ENVIRONMENT

1. 2. 3. 4. 5.

ICESCR, General Comment No. 14 L. Henkin, et.al., Group Rights, pp. 475-480 Minister of Health v. Treatment Action Campaign, Constitutional Court of South Africa Oposa v. Factoran, (G.R. No. 101083), July 30, 1993 Sitta, The Role of Right to Development

SESSION 13: PEACE, SECURITY, TERRORISM & HUMAN RIGHTS Week 13 Mar. 01 Reading: 1. Almeida & Lipsett, 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. 08 Readings: 1. 2. 3. Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, U.N. Doc. E/CN.4/Sub.2/2003/12/Rev.2 (2003). Carolin Hillemanns, UN Norms on the Responsibilities of Transnational Cor-porations and Other Business Enterprises with regard to Human Rights John Doe I, et.al., v. UNOCAL CORP., et.al., (Central District of California, 1997) FINALS (OCTOBER 12-21)