Human Rights Minor
Zuyd University
Fleur Isabelle Obdeijn
2020-2021|
,Fleur Isabelle Obdeijn Minor Human Rights
Table of Contents
WEEK 1: HUMAN RIGHTS HISTORY AND SOURCES 2
WEEK 2: PROTECTING HUMAN RIGHTS 26
WEEK 3: UNDERSTANDING SUBSTANTIVE RIGHTS 62
WEEK 4: REGIONAL SYSTEMS OF HUMAN RIGHTS (PROTECTIONS) EUROPE 75
RUSSIA → LECTURE 85
RUSSIA AND HUMAN RIGHTS: INCOMPATIBLE OPPOSITES? 87
WEEK 5: REGIONAL SYSTEMS OF HUMAN RIGHTS (PROTECTIONS) NORTH AMERICA LECTURE:
ERLINE 91
FINKELMAN: HOW DO WE THINK ABOUT THE US BILL OF RIGHTS IN THE 21ST CENTURY? 94
LATIN AMERICA THE IMPACT OF HUMAN RIGHTS TRIALS IN LATIN AMERICA 98
HUMAN RIGHTS IN LATIN AMERICA AND THE CARIBBEAN: A REGIONAL PERSPECTIVE 100
WEEK 6, 7 & 8: CURRENT TOPICS IN HUMAN RIGHTS 103
WEEK 6.1: COUNTER TERRORISM LECTURE ERLINE 103
WEEK 6 & 7: REFUGEES, INDIGENOUS RIGHTS AND CLIMATE CHANGE 116
WEEK 6.2: LECTURE ON GENOCIDE BY ERLINE 123
WEEK 7: LECTURE ON CLIMATE CHANGE BY ANJA 125
1
,Fleur Isabelle Obdeijn Minor Human Rights
Week 1: Human rights history and sources
International Human rights law (R.K.M. Smith): chapter 2
Chapter 2: Historical background
Human rights date back to international discussions preceding the founding of the United
Nations. Since 1945, the scope of human rights has been elaborated and the concept now
permeates the fabric of international society.
The basis for international human rights lies in philosophical discussion. They represent the
modern interpretation of the traditional rule of law.
2.1 Origins of international human rights
Evolving philophical discussions about political power & rights
13th Century Europe: concepts such as “liberty” & “rights”
• The rule of law
• Religious code of conduct
There are divergent views as to the origins of Human rights: the existence of a body of basic
rights can be traced back to the early 19th century in Europe. It is linked to the
constitutional concept of the rule of law. The rule of law links to theories of natural law and
religious doctrines. The basic tenets of all faiths prescribe boundaries of conduct often in
norms of religious law → UK Magna Carta (1215)
Rights that come from this are:
• Principle of equality before the law
• The right to property
• Religious freedom.
There are two principle legal theories:
1. The liberty-based approach which is prevalent in common law jurisdictions → it
demands that the individual is free from arbitrary State interference
2. The rights-based approach of civil legal systems → it is based on the inherent rights
of people, which the State must respect.
Both address the relationship between the individual and the state.
A more pragmatic approach is also used → States must respect human rights in their deeds
and actions; protect human rights in laws and policies and fulfil their treaty obligations.
2.2 The 18th century: revolutions and rights
In the 18th century there was a focus on natural rights, rights which should be enjoyed by
all human beings.
Various statements on rights articulating liberty and equality enjoyed by all citizens came
up during this century:
The French declaration of the rights of men 1789
• French Revolution (1789) → French Republic
• French Deceleration of the rights of Man (1789)
• ‘’Men are born and remain and equal in rights’’
2
, Fleur Isabelle Obdeijn Minor Human Rights
• The French declaration was inspired by the united states declaration of
independence. The French declaration had a considerable wider impact, serving as a
guide to the constitutions of other European and former colonial countries, as well
as the European Convention on human Rights by the Council of Europe.
The United states declaration of independence 1776 and the Bill of rights 1791
• US Independence form Britain
• Declaration of Independence (1776)
• Bill of Rights (first 10 amendments) 1791
• The American Bill of Rights refers to freedom of religion, various requirements
relating to due process and the right to a fair trial, freedom of person and property
and the right to bear arms (right to possess weapons). These rights remain the
foundation of the united states constitution.
2.3 The role of international law
• Law of aliens
• Diplomatic law
• The laws of war
• Humanitarian law
• Slavery
• Minority rights
State law is responsible for citizens. But some need more protection than afforded to
nationals of the State.
Originally International law was the law of nations. It was exclusively concerned with the
interaction of states. Individuals were considered property of the states. However,
customary international law has recognized that some individuals deserved protection.
International law has shaped human rights law.
Human rights law goes beyond the boundaries of general international law. There is an
overlap between the traditional effect of international law (relations between states) and
the traditional effect of national and constitutional law (relations between the state and
individuals) with human rights allowing the international community to determine some
limits to what a State may do to its nationals.
The traditional approach to recognition of individual rights based the individual’s rights on
the rights of the state → Law of aliens.
A legal alien is a foreign national who is permitted by law to be in the host country. This is a
very broad category which includes permanent residents, temporary residents, and visa
holders or foreign visitors. A resident alien is a person who has permission by the
government to reside and work in the country.
2.4 The law of aliens (strangers)
→ Facilitate trade, travel and global economy.
International law imposes obligations on states to grant certain privileges to foreign head of
3
Zuyd University
Fleur Isabelle Obdeijn
2020-2021|
,Fleur Isabelle Obdeijn Minor Human Rights
Table of Contents
WEEK 1: HUMAN RIGHTS HISTORY AND SOURCES 2
WEEK 2: PROTECTING HUMAN RIGHTS 26
WEEK 3: UNDERSTANDING SUBSTANTIVE RIGHTS 62
WEEK 4: REGIONAL SYSTEMS OF HUMAN RIGHTS (PROTECTIONS) EUROPE 75
RUSSIA → LECTURE 85
RUSSIA AND HUMAN RIGHTS: INCOMPATIBLE OPPOSITES? 87
WEEK 5: REGIONAL SYSTEMS OF HUMAN RIGHTS (PROTECTIONS) NORTH AMERICA LECTURE:
ERLINE 91
FINKELMAN: HOW DO WE THINK ABOUT THE US BILL OF RIGHTS IN THE 21ST CENTURY? 94
LATIN AMERICA THE IMPACT OF HUMAN RIGHTS TRIALS IN LATIN AMERICA 98
HUMAN RIGHTS IN LATIN AMERICA AND THE CARIBBEAN: A REGIONAL PERSPECTIVE 100
WEEK 6, 7 & 8: CURRENT TOPICS IN HUMAN RIGHTS 103
WEEK 6.1: COUNTER TERRORISM LECTURE ERLINE 103
WEEK 6 & 7: REFUGEES, INDIGENOUS RIGHTS AND CLIMATE CHANGE 116
WEEK 6.2: LECTURE ON GENOCIDE BY ERLINE 123
WEEK 7: LECTURE ON CLIMATE CHANGE BY ANJA 125
1
,Fleur Isabelle Obdeijn Minor Human Rights
Week 1: Human rights history and sources
International Human rights law (R.K.M. Smith): chapter 2
Chapter 2: Historical background
Human rights date back to international discussions preceding the founding of the United
Nations. Since 1945, the scope of human rights has been elaborated and the concept now
permeates the fabric of international society.
The basis for international human rights lies in philosophical discussion. They represent the
modern interpretation of the traditional rule of law.
2.1 Origins of international human rights
Evolving philophical discussions about political power & rights
13th Century Europe: concepts such as “liberty” & “rights”
• The rule of law
• Religious code of conduct
There are divergent views as to the origins of Human rights: the existence of a body of basic
rights can be traced back to the early 19th century in Europe. It is linked to the
constitutional concept of the rule of law. The rule of law links to theories of natural law and
religious doctrines. The basic tenets of all faiths prescribe boundaries of conduct often in
norms of religious law → UK Magna Carta (1215)
Rights that come from this are:
• Principle of equality before the law
• The right to property
• Religious freedom.
There are two principle legal theories:
1. The liberty-based approach which is prevalent in common law jurisdictions → it
demands that the individual is free from arbitrary State interference
2. The rights-based approach of civil legal systems → it is based on the inherent rights
of people, which the State must respect.
Both address the relationship between the individual and the state.
A more pragmatic approach is also used → States must respect human rights in their deeds
and actions; protect human rights in laws and policies and fulfil their treaty obligations.
2.2 The 18th century: revolutions and rights
In the 18th century there was a focus on natural rights, rights which should be enjoyed by
all human beings.
Various statements on rights articulating liberty and equality enjoyed by all citizens came
up during this century:
The French declaration of the rights of men 1789
• French Revolution (1789) → French Republic
• French Deceleration of the rights of Man (1789)
• ‘’Men are born and remain and equal in rights’’
2
, Fleur Isabelle Obdeijn Minor Human Rights
• The French declaration was inspired by the united states declaration of
independence. The French declaration had a considerable wider impact, serving as a
guide to the constitutions of other European and former colonial countries, as well
as the European Convention on human Rights by the Council of Europe.
The United states declaration of independence 1776 and the Bill of rights 1791
• US Independence form Britain
• Declaration of Independence (1776)
• Bill of Rights (first 10 amendments) 1791
• The American Bill of Rights refers to freedom of religion, various requirements
relating to due process and the right to a fair trial, freedom of person and property
and the right to bear arms (right to possess weapons). These rights remain the
foundation of the united states constitution.
2.3 The role of international law
• Law of aliens
• Diplomatic law
• The laws of war
• Humanitarian law
• Slavery
• Minority rights
State law is responsible for citizens. But some need more protection than afforded to
nationals of the State.
Originally International law was the law of nations. It was exclusively concerned with the
interaction of states. Individuals were considered property of the states. However,
customary international law has recognized that some individuals deserved protection.
International law has shaped human rights law.
Human rights law goes beyond the boundaries of general international law. There is an
overlap between the traditional effect of international law (relations between states) and
the traditional effect of national and constitutional law (relations between the state and
individuals) with human rights allowing the international community to determine some
limits to what a State may do to its nationals.
The traditional approach to recognition of individual rights based the individual’s rights on
the rights of the state → Law of aliens.
A legal alien is a foreign national who is permitted by law to be in the host country. This is a
very broad category which includes permanent residents, temporary residents, and visa
holders or foreign visitors. A resident alien is a person who has permission by the
government to reside and work in the country.
2.4 The law of aliens (strangers)
→ Facilitate trade, travel and global economy.
International law imposes obligations on states to grant certain privileges to foreign head of
3
