Course guide of International Human Rights Law (24211C5)

• Students should have previously read the course in “Public International Law” (3rd year, 1st semester).
• Students should regularly follow the media to keep up to date with international current affairs.
• Students are expected to read a variety of sources, including textbooks, supplementary readings, and normative texts.

Bear in mind this is a lecture-based class with as much feedback during each class period as possible. That means you must complete the required reading before the class date to which it is attached. In order to help you keep current on the readings, periodic, in-class reading quizzes shall be used for assessing your progress.

• The historical process of internationalisation of human rights.
• International instruments for the protection of human rights.
• Promotion and protection of human rights in the United Nations universal system; and in the European, American and African regional systems.
• Repression of certain gross violations of human rights.
• Spain's position with regard to international human rights law.

On successful completion of the course the student will be able to:

Knowledge:

• Understand the sources, nature, scope, and institutional architecture of international and regional human rights law.
• Critically evaluate the value and limits of human rights law as a framework for addressing different societal challenges.

Skills:

• Apply legal research and writing skills to a topical issue or case in the field of international and regional human rights law.
• Critically examine, orally present and nurture discussions on tensions and challenges related to the application of international regional human rights law in practice.

This syllabus is based on Prof. Diego J. Liñán’s «Derecho Internacional de los Derechos Humanos» course and has been updated and adapted by Professors Amelia Díaz and Ozana Olariu.

GENERAL APPROACHES TO THE INTERNATIONAL HUMAN RIGHTS LAW (IHRL)

Topic 1. Historical overview

1. International law before the 20th century.
2. Early 20th century precedents.
3. The post-war human rights revolution:
   1. The United Nations Charter and the International Bill of Rights.
   2. Regional organizations.

Topic 2. Legal overview

1. The law of human rights.
2. Human rights obligations.
3. Promotion and protection of human rights:
   1. Promotion mechanisms.
   2. Compliance and monitoring mechanisms.
   3. Complaint procedures.
4. Enforcement.

UNIVERSAL AND REGIONAL SYSTEMS OF PROMOTING AND PROTECTING HUMAN RIGHTS

Topic 3. The United Nations system

1. Principal organs.
2. Charter-based mechanisms. The Human Rights Council and other subsidiary UN Charter-based bodies.
3. Treaty-based mechanisms. UN Treaty bodies.

Topic 4. Regional protection of human rights (I): the European system

1. Protection of human rights at the Council of Europe:
   1. The European Convention on Human Rights system.
   2. Other mechanisms for the protection of human rights.
2. Human rights and freedoms in the European Union: the Charter of Fundamental Rights of the EU.

Topic 5. Regional protection of human rights (II): the American and African systems.

1. The Organization of American States (OAS) and the protection of human rights: the American Convention on Human Rights system.
2. The African Union (AU) and the protection of human rights: the African Charter on Human and People’s Rights system.

Topic 6. The repression of certain gross violations of human rights

1. The universal jurisdiction principle. Universal jurisdiction in selected domestic legal orders.
2. International criminal courts and tribunals. The International Criminal Court.

Topic 7. Spain and the International Human Rights Law

1. The Spanish Constitution and IHRL.
2. Spain before the international monitoring bodies.
3. Enforcement of ECtHR judgments in Spain.
4. The universal jurisdiction principle and its effects on the Spanish judicial system.

Students who opt for the continuous assessment system will have to participate in one of the practical activities that will be organized throughout the semester. These may include:

1. Elaboration of a poster with the graphic representation of a theme (assigned or chosen) from a list provided by the instructors at the beginning of the semester. In addition, the students will make an oral presentation of their work.
2. Written commentary of a judgment or decision of an international (quasi-) judicial body. In addition, the students will make an oral presentation of their work.
3. A moot court case before the Inter-American Court of Human Rights or the European Court of Human Rights. The hypothetical case would be announced in the first week of class. Students participating in this activity will be organized in groups of a maximum of 4 members. Each group will have to draft and hand in the written memoirs of the plaintiff and the defendant, and then compete in the oral competition with the other teams.

There is no doctrinal work that covers the entire syllabus. Therefore, the following textbooks and supplementary readings are recommended.

1. Textbooks

• ALSTON, Ph.; GOODMAN, R.: International Human Rights. The successor to International Human Rights in context, Oxford University Press, Oxford, 2012.
• BANTEKAS, I., & OETTE, L.: International Human Rights Law and Practice (4th ed.). Cambridge: Cambridge University Press, 2024
• BINDER, C, et al. (eds), Elgar Encyclopedia of Human Rights, Edward Elgar, 2022.
• DE BÚRCA, G., Reframing Human Rights in a Turbulent Era, Oxford University Press, 2021.
• DE SCHUTTER, O.: International Human Rights Law. Cases, Materials, Commentary, 3rd., Cambridge University Press, Cambridge, 2019.
• MÉGRET, F. and ALSTON, Ph.: The United Nations and Human Rights: A Critical Appraisal, Oxford University Press, 2020.
• MOECKLI, D. et al. (eds.), International Human Rights Law, 4th ed, Oxford University Press, 2022.
• SHELTON, D.: Advanced Introduction to International Human Rights Law, 2ª ed., Ed. Edward Elgar, Cheltenham/Northampton, 2020.
• SHELTON, D.: Remedies in international human rights law, 3rd. ed., Oxford University Press, 2015.

2. Supplementary readings

• AN-NAIM, A.A.: Decolonising Human Rights, Cambridge University Press, 2021.
• ANTKOWIAK, TH & GONZA, A.: The American Convention on Human Rights. Essential Rights, Cambridge University Press, 2017.
• BURGORGUE-LARSEN, L.: La Convention européenne des droits de l’homme, L.G.D.J. – Textenso Éditions, Paris, 2012.
• DE SOUSA SANTOS, B. and MARTINS, B.S. (eds), The Pluriverse of Human Rights: The Diversity of Struggles for Dignity, Routledge, 2021.
• DZEHTSIAROU, K.; DE LONDRAS, F.: Great Debates on the European Convention on Human Rights, Palgrave, 2018.
• EVANS, M.D.; MURRAY, R. (eds.) The African Charter on Human and People’s Rights. The System in Practice, 1986-2000, Cambridge University Press, 2002.
• GIBNEY, M. et al. (eds.), Routledge Handbook on Extraterritorial Human Rights Obligations, Taylor and Francis Group, 2021.
• GREER, S.; GERARDS, J.; SLOWE, R: Human Rights in the Council of Europe and the European Union. Achievements, Trends and Challenges, Cambridge University Press, 2018.
• SICILIANOS, L.-A.; KOSTOPOULOU, M.-A.: The individual application under the European Convention on Human Rights. Procedural Guide, Council of Europe, Strasbourg, 2019.
• The implementation of judgments of the European Court of Human Rights, Council of Europe, Strasbourg, 2018.
• VILJOEN, F: International Human Rights Law in Africa, Oxford University Press, Oxford, 2007.

3. Compilation of normative texts

All the necessary normative texts for the study of the subject can be found on the internet and will also be available on the Prado teaching platform.

UN SYSTEM

• UN
• UNHCHR

REGIONAL SYSTEMS: EUROPE

COUNCIL OF EUROPE

• Treaty Office
• HUDOC (case-law)
• Torture
• Minorities

EUROPEAN UNION

• Fundamental Rights Agency (FRA)
• Court of Justice of the EU (case law)

REGIONAL SYSTEMS: AMERICA

ORGANIZATION OF AMERICAN STATES (OAS)

• Human Rights
• Inter-American Commission on Human Rights
• Inter-American Court of Human Rights

REGIONAL SYSTEMS: AFRICA

AFRICAN UNION

• Law, democracy and human rights
• Treaties
• African Commission on Human and Peoples’ Rights
• African Court on Human and Peoples’ Rights

INTERNATIONAL CRIMINAL COURT

• MD01. Lección magistral (Clases teóricas-expositivas). Presentación en el aula de los conceptos fundamentales y desarrollo de los contenidos propuestos
• MD02. Actividades prácticas (Clases prácticas). Actividades a través de las cuales se pretende mostrar al alumnado cómo debe actuar a partir de la aplicación de los conocimientos adquiridos
• MD03. Seminarios. Modalidad organizativa de los procesos de enseñanza y aprendizaje donde tratar en profundidad una temática relacionada con la materia
• MD04. Actividades individuales (Estudio y trabajo autónomo). 1) Actividades (guiadas y no guiadas) propuestas por el profesor para profundizar en aspectos concretos de la materia para que el estudiante avance en la adquisición conocimientos y procedimientos de la materia, 2) Estudio individualizado de los contenidos de la materia 3) Actividades evaluativas (informes, exámenes,...)
• MD06. Tutorías académicas. Manera de organizar los procesos de enseñanza y aprendizaje que se basa en la interacción entre el estudiante y el profesor 

The preferred system is that of continuous assessment. All students will be part of the continuous assessment system, except those students who have been granted the so-called “single assessment system” (or “Evaluación Única Final”), upon telematic application within the period established by the University. The continuous assessment system of student learning is based on a combination of the following activities:

• A mid-term exam is scheduled for the date indicated in the course schedule to be published on the first day of class.

or

• A final written or oral exam (60%) on the official date established by the Faculty of Law (“Convocatoria ordinaria” or Finals). A minimum mark of 5 out of 10 is required to pass the exam, a sine qua non-condition to sum the practical activities and to be able to pass the course.

and

• Participation in one of the proposed practical activities (40%): the moot court, the elaboration and presentation of a poster or the elaboration and presentation of a case-law commentary.

The overall grade will correspond to the pondered score of the different aspects and activities that integrate the evaluation system. This weighted score will be detailed with more precision in the course Didactic Guide. Therefore, the Didactic Guide will specify the assessment criteria in the continuous assessment and single final assessment modalities, both for the Finals (“convocatoria ordinaria”) and the Resit exams (“convocatoria extraordinaria”).

The grading system will be expressed using a numerical grade per the provisions of Art. 5 of R.D. 1125/2003, of 5 September, which establishes the European credit system and the grading system for official university degrees valid in Spain.

Students shall be assessed through an oral exam of no less than 2 long answer questions from the entire syllabus. Questions will be sections or subsections of the syllabus. Each question is worth 10 points. Instructors may ask additional short questions to adjust the mark. Students will have time to write a brief outline of the oral questions before the oral presentation. Students must answer all questions. A blank question is equivalent to failing the exam. To pass the exam, the student must obtain at least 50% of the total points (i.e. a minimum of 10 points out of a possible 20 points). The exam mark will be 100% of the final grade.

Students who have not followed the continuous assessment and have been granted the right to sit the final exam shall be assessed through an oral exam of no less than 2 long answer questions from the entire syllabus. Questions will be sections or subsections of the syllabus. Each question is worth 10 points. Instructors may ask additional short questions to adjust the mark. Students will have time to write a brief outline of the oral questions before the oral presentation. Students must answer all questions. A blank question is equivalent to failing the exam. To pass the exam, the student must obtain at least 50% of the total points (i.e. a minimum of 10 points out of a possible 20 points). The exam mark will be 100% of the final grade.

Individual and collective learning activities

All teaching activities will encourage students’ participation and commitment. They will be the following:

1. Lectures. Description: The lectures provide a broad overview of a topic, highlighting the main concepts included in the syllabus.
2. Classes or Seminars. Description: Classes or seminars are small group discussions and provide an opportunity to explore a topic in greater depth, leaving room for practical activities and coursework assessment. Teaching consists of a mixture of lectures and classes/seminars, running in parallel, in which students will work through questions and problems raised in the lectures and present and discuss their results.

Lectures are attended by all those taking the course. Classes or seminars are smaller, comprising half of the students enrolled according to the Class Schedule. Lectures are not compulsory but are strongly recommended — except for students who may require a certificate of attendance, in which case they must attend at least 80% of the course. Classes and seminars, however, are entirely mandatory and you will be expected to prepare and fully participate in every class you attend.

1. Individual activities (autonomous learning). Description: a) Activities intended to expand or deepen certain syllabus contents (e.g. a glossary); b) Autonomous study; c) Assessment activities (tests, oral presentations, exams) Aim: To foster the students’ capability of planning, developing, and assessing their learning efforts, as well as adapting them to their particular situation and/or interests.
2. Academic supervision. Description: inter-action “supervisor—student”. Aim: a) To offer support for the student’s autonomous learning; b) to expand or deepen particular aspects of the syllabus content; c) to offer advice related to the student curriculum.

Examination dates

The exams will take place on the dates set by the Faculty for the academic year 2024-2025. Students are reminded that the exam call, specifying the place and time of the exam shall be published on PRADO. It is the responsibility of each student to consult this information. The modification of the assessment system (extraordinary evaluation by Tribunal) or of the date of the exams (coincidence with other subjects, mobility reasons, or incidents) that students can request according to the Regulations of evaluation and qualification of the students of the University of Granada will take place online by the calendar and the procedure established by the University of Granada for this purpose (https://sede.ugr.es/procs/Gestion-Academica-Solicitud-de-evaluacion-por-incidencias/); and by the general regulations of examinations of the Department, which is published on PRADO and the Department's website: www.dipri.org. Students admitted to taking any of those above "non-ordinary" exams should bear in mind that the type of exam may not coincide with that of the group in which they are enrolled, as it will be, as a general rule, a written exam with essay questions.

Students with disabilities or other specific educational support needs

In compliance with the corresponding regulations of the University of Granada, the teaching staff of the Department of International Public Law and International Relations will ensure that the assessment is adapted to the needs of said students, according to the recommendations of the Secretariat of Inclusion and Diversity of the UGR, by establishing as many methodological, temporal and spatial adaptations as necessary for this purpose.

Open Learning and Career planning

During the academic year, instructors will keep students duly informed of the Open Learning and professionalization activities organized either by the Faculty of Law or the other bodies of the University of Granada. These complementary activities will strengthen their skills and competencies, and prepare students for their future professional careers.

Mentoring and counseling

The University of Granada has created several organisms tailored to respond to specific issues of interest:

• Prevention of and Response to Harassment Office (OPRA): https://www.ugr.es/info/perfiles/estudiantes/atencion-social-igualdad-inclusion-sostenibilidad/igualdad-prevencion-respuesta-acoso
• Equality and Conciliation Unit: https://viis.ugr.es/areas/igualdad-conciliacion
• Psychopedagogical Office / Academic Guidance Unit: https://ve.ugr.es/secretariados-y-unidades/orientacion
• Student Support Service: https://ve.ugr.es/servicios/asistencia-estudiantil/