International Human Rights Law

Priority Reg: HRHP Concentration. The purpose of this course is to familiarize students with the legal regime that exists--or is absent--to respect, protect, and fulfill human rights. This course is intended to introduce students to international human rights through laws, institutions, and advocacy strategies. In this class, we approach human rights law from a practitioner's perspective, which is to say that we are most interested in exploring concrete opportunities for realizing rights once we understand their theoretical and legal bases.

But to start, what is a right? What are the various legal sources of authority for these rights? What are the instruments we can utilize--and how can we utilize them--to try to advance the range of rights from civil and political to economic, social, cultural, and environmental? Who is responsible for protecting and advancing rights, and who may be held accountable for their violations? Does the existence of a right necessarily indicate the existence of a remedy?

In the past decade, human rights advocacy has extended into new realms, well beyond the 'traditional' bounds of violations by repressive governments. Despite the fact that the intersection of human rights with other social and economic justice concerns, including the environment, corporate accountability, and health, has strengthened, questions remain as to how human rights lawyers and advocates can effectively use the law to "enforce" those rights. As a way to strengthen the law, advocates have pushed the boundaries of the tools of human rights advocacy: 'naming and shaming' is still at the core, but public-private engagement to negotiate long-term monitoring programs for private corporations, calls to rights-based programming, litigation, and other tactics are now nearly routine.

In this class, we will learn the law but also explore tools for assessing when, where, and how the law matters. We will explore developments in human rights and the environment, gender analysis, intersections between human rights and humanitarian action, and corporate accountability. The course will endeavor to provide an overview of the range of substantive and procedural rights and the mechanisms and gaps in their enforcement. Attendance in the first class session is mandatory.