International Human Rights Law

Human rights have been defined as a concern of the international community since the post-Second World War period, when the protection of human rights and fundamental freedoms and the prohibition of discrimination were included among the objectives of the newly established United Nations. They have significantly expanded their reach since: they now influence various branches of domestic law, including family law, employment law, corporate law, or criminal law. They also have influenced the shaping of international relations, in areas such as development cooperation, foreign debt, the global fight against terrorism, or the quest for sustainable development.

Governments remain the main actors in the development of human rights. Civil society (non-governmental organisations) and social movements, however, increasingly contribute to shaping their contours, and human rights are now evolving as a result of the constant dialogue between international human rights bodies and domestic courts, in a search that crosses geographical, cultural and legal boundaries. This course will explore how human rights evolve and how they can be enforced and progressively realized. It will examine the sources of human rights, including both civil and political rights and economic, social and cultural rights. It will address the specific regime of human rights law as part of general international law. It will relate the rights of individuals to the duties of States (to respect, protect and fulfil human rights). And it will assess the effectiveness of the mechanisms of protection of human rights, at both domestic and regional or international levels.

The course relies extensively on comparative material from different jurisdictions, to study a wide range of topics including, for instance, religious freedom in multicultural societies, human rights in employment relationships, economic and social rights in development, the human rights responsibilities of corporations, or human rights in the context of the fight against terrorism.

1. What are human rights?
1.1. The sources of human rights law
1.2. Human rights and the theory of sources
1.3. The special nature of human rights
1.4. The question of reservations to human rights treaties
1.5. The jus commune of human rights

2. To which situations do human rights apply?
2.1. Jurisdiction – an introduction
2.2. Human rights, State sovereignty, and national territory
2.3. The typology of human rights: respect – protect – fulfill
2.4. Situations of emergency and derogations

3. When may human rights be restricted?
3.1. The absolute prohibition of torture and ill-treatment
3.2. Deportation of aliens and the prohibition of ill-treatment
3.3. Limitations to human rights: legitimacy
3.4. Limitation to human rights: legality
3.5. Limitation to human rights: necessity

4. When must the State intervene to protect human rights?
4.1. The State’s duty to protect human rights: introduction
4.2. Waiver of rights
4.3. Conflicts between human rights in inter-individual relationships
4.4. Transnational corporations

5. How much must States do to fulfill human rights?
5.1. The duty to fulfill – introduction
5.2. What are human rights-based policies?
5.3. How is progress measured? Indicators and benchmarks
5.4. How much is enough? “Progressive realization”

6. What is discrimination?
6.1. When does the non-discrimination requirement apply?
6.2. What are the States’ obligations?
6.3. How to address profiling and stereotyping?
6.4. What is discrimination?

7. How are human rights protected at domestic level?
7.1. What is the right to an effective remedy?
7.2. The justiciability of social rights
7.3. The role of National Human Rights Institutions (NHRIs)

8. How are human rights protected at international level?
8.1. The Human Rights Council and the Universal Periodic Review
8.2. The Human Rights Council and its Special Procedures
8.3. UN Human Rights Treaty Bodies and individual communications