Third part of the course, with special focus on geo-regional human rights law

10.01.20

Semester 1, 2019/20 (Intern. LL.M Program); Tuesday, 01.10., 22.10., 19.11., 08:00 - 09:50, and Monday, 28.10., 04.11., 11.11., room IV.2.11A

Contents

Bibliography

Abbreviations

On the terms "human rights", "fundamental rights" and "constitutional rights"

Diagram 1 (Sources of Law for the Protection of Human Rights)

Overview over the norms to bear in mind

Diagram 2 (Geo-regional human rights protection mechanisms)

Special material 2  (How to write a course paper) (from the course Legal Writing)

§ 1  The Multi-level protection of human rights and the parallelism of human and fundamental rights regimes

§ 2  Focusing on the essential: human and fundamental rights as binding law

§ 3  European human rights law

§ 4  American human rights law

§ 5  African human rights law

§ 6  An emerging Arab human rights law?

§ 7  The missing Asian human rights law

§ 8  Discussion and conclusion on the merits and weaknesses of the existing geo-regional human rights regimes

§ 9  A topic cross-cutting issue: Business and human rights

§ 10  [Preparation of a course paper on geo-regional human rights law]

Benedek, Wolfgang (editor): Understanding Human Rights, 2012, p. 48 ff.

Dikov, Grigory: Update: The European Human Rights System, 2018

Duxbury, Alison; Tan, Hsien-Li: Can ASEAN Take Human Rights Seriously?, 2019

Fredman, Sandra: The ‘Tinkerbell moment': why we should care about Comparative Human Rights, 2018

Harris, David; O'Boyle, Michael; Bates, Ed; Buckley, Carla:  Law of the European Convention on Human Rights, 4th edition 2018 [for in-depth studies]

Murray, Rachel: The African Charter on Human and Peoples' Rights. A Commentary, 2019 [article-by-article presentation]

Peers, Steve; Hervey, Tamara; Kenner, Jeff; Ward, Angela (editors): The EU Charter of Fundamental Rights. A Commentary, 2014 [article-by-article presentation]

Rainey, Bernadette; Wicks, Elizabeth Wicks; Ovey, Clare: The European Convention on Human Rights, 7th edition 2017 [for in-depth studies]

Renucci, Jean-François: Introduction to the European Convention on Human Rights, 2005

Schabas, William A.: The European Convention on Human Rights. A Commentary, 2017 [article-by-article presentation]

see also: European Human Rights Law Review (EHRLR), since 1979 [specialised journal]

see also: Journal of Southeast Asian Human Rights (JSEAHR), since 2017

International Covenant on Civil and Political Rights (ICCPR) of 1966 with Optional Protocol of 1966 (on individual complaints, not ratified by Indonesia) and Second Optional Protocol aiming at the abolition of the death penalty of 1989 (not ratified by Indonesia)

International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966 with Optional Protocol of 2008 (on individual complaints, not ratified by Indonesia)

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) of 1984 with Optional Protocol of 2002 (on torture prevention, not ratified by Indonesia)

International Convention for the Protection of All Persons from Enforced Disappearanc (CPED) of 2006

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) of 1965

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 1979 with Optional Protocol of 1999 (on individual complaints and inquiries, not ratified by Indonesia)

Convention on the Rights of the Child (CRC) of 1989 with Optional Protocol on the involvement of children in armed conflict of 2000, Optional Protocol on the sale of children, child prostitution and child pornography of 2000 and Optional Protocol on a communications procedure of 2011 (not ratified by Indonesia); see also the Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor of 1999

Convention on the Rights of Persons with Disabilities (CRPD) of 2006 with Optional Protocol of 2006 (on individual complaints, not ratified by Indonesia)

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) of 1990

not ratified by Indonesia: Convention on the Prevention and Punishment of the Crime of Genocide of 1948, Convention relating to the Status of Refugees [Geneva Refugee Convention] of 1951, International Convention for the Protection of All Persons from Enforced Disappearance (CPED) of 2006 (ratified by 62 states only)

not a source of law but politically important: Universal Declaration of Human Rights (UDHR) of 1948 (available in 520 languages, including English, Indonesian, Balinese and Bugisnese)

compendiums of global human rights treaties: Core human rights instruments (UNHCHR) and other universal human rights instruments (UNHCHR), Human Rights Library (University of Minnesota)

European Convention on Human Rights (ECHR) of 1950 and 16 protocols

Other European human rights treaties: overview (Council of Europe), European Social Charta (revised version of 1996/original version of 1961) and protocols, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ECPT) of 1987, European Charter for Regional or Minority Languages (ECRML) of 1992, Framework Convention for the Protection of National Minotiries of 1995, Convention on Human Rights and Biomedicine of 1997, Council of Europe Convention on Action against Trafficking in Human Beings of 2005, Council of Europe Convention on preventing and combating violence against women and domestic violence of 2011; not a human rights treaty but the specific fundamental rights regime of the EU: the Charter of Fundamental Rights of the European Union  (revised version of 2007)

American Convention on Human Rights (ACHR) of 1969 with Additional Protocol of 1988 (on social, economic and cultural rights) and Protocol of 1990 (to abolish the Death Penalty)

Other American human rights treaties: overview (IACHR), Inter-American Convention to Prevent and Punish Torture of 1985, Inter-American Convention on Forced Disappearance of Persons of 1994, Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women of 1994, Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance of 2013, Inter-American Convention on Protecting the Human Rights of Older Persons of 2015

African Charter on Human and Peoples' Rights (Banjul Charter) of 1981 with Protocol of 1998 (on the Establishment of the African Court on Human and Peoples' Rights), Protocol of 2003 (on the rights of women in Africa) and Protocol of 2016 on the Rights of Older Persons

Other African human rights treaties: overview (ACHPR), OAU-Convention Governing the Specific Aspects of Refugee Problems in Africa of 1969, African Charter on the Rights and Welfare of the Child of 1990, African Charter on Democracy, Elections and Governance of 2011

Arab Charter on Human Rights of 2004 (see also criticism by UNHCHR: does not meet international standards), Statute of the Arab Court of Human Rights of 2014 (not in force; see also criticism)

not a source of law but potentially politically important: ASEAN Human Rights Declaration (AHRD) (html/pdf) of 2012 (see also criticism by UNHCHR); first Southeast Asian human rights treaty: ASEAN Convention against Trafficing in Persons, Especially Women and Children

Human rights courts: European Court of Human Rights (ECHR) in Strasbourg, Inter-American Court of Human Rights (IACHR) in San José, African Court of Human and Peoples' Rights (ACHPR) in Arusha; see also the website of the International Criminal Court (ICC) in The Hague

Global human rights institutions: United Nations (with special website on human rights), United Nations Human Rights Council (UNHRC), United Nations High Commissioner for Human Rights (UNHCHR), United Nations High Commissioner for Refugees (UNHCR);  treaty-based bodies: ICCPR: Human Rights Committee (HRC), ICESCR: Committee on Economic, Social and Cultural Rights (CESCR), CAT: Committee against Torture (CAT), OPCAT: Sub_committee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), CPED: Committee on Enforced Disappearances (CED), ICERD: Committee on the Elimination of Racial Discrimination (CERD), CEDAW: Committee on the Elimination of Discrimination against Women (CEDAW), CRC: Committee on the Rights of the Child (CRC), CRPD: Committee on the Rights of Persons with Disabilities (CRPD), ICRMW: Committee on Migrant Workers (CMW)

European human rights institutions: Council of Europe (see in particular the special sites on human rights and the site of the Commissioner for Human Rights), Organization for Security and Co-operation in Europe (OSCE); treaty-based bodies: European Committee of Social Rights (ECSR); European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

American human rights institutions: Inter-American Commission of Human Rights (IACHR) with rapporteurships on special fields; see also Organisation of American States (OAS)

African human rights institutions: African Commission on Human and Peoples' Rights (ACHPR); treaty-based body: African Committee of Experts on the Rights and Welfare of the Child (ACERWC),

not human rights institutions but just consultative commissions: ASEAN Intergovernmental Commission on Human Rights (AICHR) and ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)

Expert websites: Office of the UNHCHR (with detailed information), Humman Rights Library (Univ. of Minnesota, with comprehensive links to other human rights resources), Human Rights in ASEAN (CSO platform)

Scientific institutes: Human Rights Resource Center (UI, Jakarta), Asia-Pacific Human Rights Information Centre (Osaka); Institute for Human Rights and Business (materials on a topic subject); see also the list of the Association of Human Rights Institutes (AHRI)

General teaching materials: Office of the UNHCHR, Teaching and Education Materials/Handbook for UN Staff, ETC Graz, Manual Understanding Human Rights, 3rd edition 2012 (with an introduction to the system of human rights and articles on individual groups of rights), United Nations, Human Rights (introduction), Stanford Encyclopedia of Philosophy, Human Rights; Office of the UNHCHR, An Overview of Regional Human Rights Systems, Universal Rights Group, A Rough Guide to the Regional Human Rights Systems