INTERNATIONAL BACCALAUREATE May 2008 HUMAN RIGHTS For first teaching in 2008 For first examination in 2010 School-based Syllabus This is an edited version of the subject guide, for use with extended essay candidates. Assessment details for the subject are not included: please refer to the assessment criteria in the Extended Essay guide. 3. 4. hexagoncoreenqs@ibo.org CONTENTS NATURE OF THE SUBJECT 1 AIMS 2 OBJECTIVES 2 SYLLABUS OUTLINE 3 SYLLABUS DETAILS 4 BIBLIOGRAPHY 14 INTERNET RESOURCES 17 IB Diploma Programme guide: SBS Human Rights, 2008 (extract for extended essay use) NATURE OF THE SUBJECT The concept of humans having rights is so central to world politics that it is almost impossible to understand contemporary political discourse without it. International conventions, both global and regional, refer to a large number of human rights. Governments justify their legitimacy, and sometimes their use of force, with the idea of upholding human rights. Many non-governmental organisations make their raison d Ä™tre to observe human rights practices, and the media make constant references to human rights policies. Consequently, the knowledge of the theory and practice of human rights is essential in order to make sense of contemporary international politics and contested social issues. By approaching these issues, and the related theories, from a multicultural perspective, the human rights course aims to deepen an awareness of shared humanity and social responsibility, while upholding the idea of the uniqueness of each culture. However, a systematic study of human rights cannot limit itself to political and social issues, for the idea of human rights also has historical, cultural, ethical and religious dimensions. Understanding these dimensions is essential to evaluating the arguments put forward in the name of human rights today. In terms of its theoretical approach, Human Rights is an interdisciplinary subject that combines elements of history, philosophy, politics, international relations and law. It also includes elements of the inclusive social sciences as well, particularly anthropology and sociology. The interdisciplinary nature of the subject allows various interpretations and encourages dialogue and debate. It stresses critical and creative thinking in interpreting the related theories and political developments as well as the activities of agencies claiming to protect human rights. Human Rights is particularly suited for those who wish to study human rights or peace studies at university or who intend to study law, international relations and politics. Human Rights is a standard level course that may be offered in group 3 or group 6 of the IB Diploma Programme. 1 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) AIMS The aims of the Human Rights course are to: 1. provide a systematic and critical study of the theory and practice of human rights 2. develop the capacity to identify, analyse and evaluate theories, concepts and arguments about human rights 3. develop understanding of contemporary human rights issues 4. develop the ability to communicate knowledge and understanding of human rights clearly and consistently 5. promote the understanding of the nature and methods of an interdisciplinary approach 6. encourage tolerance, international understanding and awareness of different cultural perspectives. OBJECTIVES Having followed the Human Rights course, the candidates will be expected to: 1. demonstrate knowledge and understanding of (a) the theory of human rights, (b) the practice of human rights and (c) a contemporary human rights issue 2. demonstrate the ability to create links and interpret (a) the theory and practice of human rights, and (b) a contemporary human rights issue in the light of the knowledge of the theory and practice of human rights. 3. identify, critically analyse and evaluate concepts, theories and arguments related to human rights 4. demonstrate the ability to synthesise knowledge and concepts of the subject matter 5. demonstrate awareness of cultural and ideological biases related to human rights and offer alternative interpretations 6. present clear, concise, relevant and well-substantiated arguments related to human rights 7. evaluate, interpret and use source material critically. 2 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) SYLLABUS OUTLINE The Human Rights course contains three main topics, each divided into several subtopics: Topic 1: The theory and history of human rights 1. The idea of human rights 2. The history of human rights 3. Culture and human rights. Topic 2: Practice of human rights 1. Human rights and international relations 2. Human rights protection systems 3. Human rights and international law 4. Campaigning for a better world. Topic 3: Contemporary human rights issues 1. Minorities and disadvantaged groups 2. Environment and technology 3. Economics, trade and labour 4. Conflicts and human rights 5. Political systems and paradigms. Topics 1 and 2 are studied in their entirety, whereas topic 3: Contemporary human rights Issues - is covered by a student selecting one subtopic for internal assessment work. 3 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) SYLLABUS DETAILS Topic 1 The theory and history of human rights 1.1 The idea of human rights This subtopic introduces the concept of human rights from philosophical, ethical and legal perspectives. It examines arguments for and against the idea of universal human rights. Nature of rights - moral rights and legal rights - negative and positive rights - three generations of human rights. Justification and critique of universal human rights - human nature: needs, moral capacity - natural law doctrines - social contract theories (Hobbes, Locke, Rousseau) - utilitarianism (Bentham, Mill) - freedom of speech (Mill) - libertarian and socialist view on rights (Nozick versus Rawls) - Kantian approach (the moral imperative) - rights as trumps (Dworkin) - declaration of human responsibilities the challenge of Asian values . 4 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) 1.2 The history of human rights This subtopic looks at the development of, and threats to, human rights within the West from a historical perspective. Pre-World War 1 development - antiquity: jus naturale, jus civile, Christianity - the Magna Carta - English tradition: Bill of rights (1689) - Montesquieu and the separation of powers - the American and French revolutions - movements against genocide in the new world - the abolition of slavery - universal suffrage and early feminism - the Red Cross - the labour movement and socialism - why did the League of Nations fail? - strategic bombing and the use of the atom bomb - German, Russian, and Japanese treatment of prisoners in World War 2. Human rights under threat: the challenge of totalitarianism - Nazi genocide, warfare and racism - communist mass murder of class enemies; labour camps. Post World War 2 development and challenges to human rights - losses and gains in human rights in eastern Europe after the collapse of European communism - colonialism, racism and neo-colonialism - human rights in the age of terror: Guantánamo Bay and the challenge to international human rights conventions - the hole in the ozone layer, global warming, pollution and the right to live in a clean environment free from the threat of environmental calamity - freedom from fear. 5 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) 1.3 Culture and human rights This subtopic introduces the challenge of philosophical and anthropological cultural relativism to the universality of human rights. It also examines non-Western conceptions of human rights and the impact of globalization on culture and human rights. Cultural Relativism and the Critique of Universal Human Rights - idea of universal rights based on values common to all cultures - the challenge of cultural relativism - theories of cultural relativism. Non-western conceptions of human rights - human rights in Africa - human rights in South Asia - topic question: are human rights universal? Religion and human rights - the challenge to universal human rights of Sharia law - the right to life: Catholicism and born-again Christianity versus a woman s choice in the abortion debate 6 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) Topic 2 The Practice of Human Rights 2.1 Human Rights and International Relations This subtopic introduces state and non-state actors in international relations and considers the problems of international political economics from a human rights perspective. States and international relations - liberalism, realism and world-system theory - states and the protection of human rights - human rights and foreign policy - humanitarian intervention - case studies: Bosnia, East Timor and Iraq - topic question can humanitarian intervention be justified? Non-state actors - intergovernmental organisations (IGOs) - non-governmental organisations (NGOs) - trans-national movements and organisations - multinational companies (MNCs). International political economy - free trade, protectionism and economic globalization - World Trade Organisation (WTO) - World Bank, International Monetary Fund (IMF) and the third world debt - underdevelopment; the right to education and human rights - neo-liberalism and the future of the state - is the north-south model of development and debt obsolete? - the rise of China and oil-rich Russia: what are the human rights implications for international aid and the support of states that violate human rights? 7 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) 2.2 Human Rights Protection Systems This subtopic deals with the human rights related intergovernmental (IGO) and non- governmental (NGO) organisations. It concentrates on their purposes, structures and functions in the protection of human rights on global and regional levels. The structure of the UN - the General Assembly - the Security Council - the Economic and Social Council - the Commission on Human Rights - the Human Rights Council - activity: mini-United Nations role play Other relevant councils and commissions - the International Court of Justice - other relevant UN courts and tribunals - UNESCO - International Labour Organization (ILO) Key treaties - the Universal Declaration of Human Rights (1948) - the International Covenant on Civil and Political Rights (and its Optional Protocol, 1976) - the International Covenant on Economic, Social and Cultural Rights (1976) Other major UN human rights treaties, on: - genocide - racial discrimination - sexual discrimination - torture - children s rights. The UN in action - paralysis: the UN and human rights in the Cold War - the UN after the Cold War is it improving? - the problem of the Security Council the failure of the UN in Rwanda Key questions - why has the UN succeeded in preventing war where the League failed? - has the UN really been effective in promoting human rights? 8 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) Regional courts - The European system żð The Council of Europe and related institutions żð The European Convention of Human Rights żð The enforcement mechanism of the Convention żð The Convention and the European Union żð The European Social Charter żð Organisation for Security and Co-operation in Europe (OSCE) żð The European Union and Human Rights (Charter of Fundamental Rights of the European Union). - The inter-American human rights system żð The Organization of American States żð The American Declaration of the Rights and Duties of Man żð The American Convention of Human Rights żð The Inter-American Commission on Human Rights żð The Inter-American Court of Human Rights. - The African system of human and peoples rights (Banjul charter) żð The Organisation of African Unity żð A new model the formation of the African Union żð The African Commission on Human and Peoples Rights żð The African Charter on Human and Peoples Rights żð The African Court of Human Rights. Key questions - Why has Europe succeeded in promoting and protecting human rights? - What are the failures and successes of the inter-American Court for Justice in protecting human rights in South America? - The African Union a new beginning for human rights in Africa? The failure of African states to condemn Mugabe s human rights transgressions in Zimbabwe. Non-Governmental organisations and human rights - Non-governmental organisations (NGOs) as international lobbyists - Case studies: Amnesty International and Human Rights Watch - Case study: the role of human rights groups in Eastern Europe in combating racism and promoting minority rights - Topic question: are NGOs more effective than the UN at monitoring human rights? 9 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) 2.3 Human Rights and International Law This subtopic gives an overview of the creation and enforcement of international law. It also deals with the issues of armed conflicts, humanitarian law and war crimes. Sources of international human rights law - custom - declarations and conventions - the UN resolutions - jus cogens, general principles, subsidiary sources - soft law . The enforcement of international human rights law - jurisdiction of national courts - European Court of Justice - European Court of Human Rights - Inter-American Court of Human Rights - African Court of Human Rights - International Court of Justice (UN) - International Criminal Court. Non-judicial enforcement - human rights monitoring and reporting - humanitarian intervention - bilateral foreign policy action - human rights and humanitarian law in warfare - The Red Cross and humanitarian law - The Geneva Conventions - war crimes - case study The Nuremberg trials - International Criminal Tribunals - International Criminal Court (UN) - Case study: immediate justice versus delayed justice Rwanda and Bosnia versus Cambodia and Ethiopia. 10 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) 2.4 Campaigning for a better world This subtopic gives an insight into the real life struggles for human rights in the world today including the threat to Third Generation human rights to a sustainable future. - the campaign for racial equality and the end of apartheid - feminism the campaign for women s rights - the campaign for democracy and democratic rights - children s rights: child soldiers, street children and AIDS - the environmental movement. 11 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) Topic 3 Contemporary human rights issues 3.1 Minorities and disadvantaged groups This subtopic concentrates on discrimination against minorities and disadvantaged groups. A student is to choose one of the following themes and find a specific case study for internal assessment work. (See the details in the chapter Assessment Outline ) żð racial minorities żð religious minorities żð political and other dissidents żð minorities of sexual orientation żð the aged żð children żð women żð the challenged. 3.2 Environment and technology This subtopic links environmental and technological issues to human rights. It examines such questions as: the right to a clean and safe environment; technological change and emerging human rights issues; and the right of access to technologies. A student is to choose one of the following themes and find a specific case study for internal assessment work. (See the details in the chapter Assessment Outline ) żð environment, resources and human rights żð medical technologies and human rights żð technologies, development and equality żð access to technologies and power. 3.3 Economics, trade and labour This subtopic studies the role of economics, trade and labour in the context of human rights. A student is to choose one of the following themes and find a specific case study for internal assessment work. (See the details in the chapter Assessment Outline ) żð development żð hunger żð poverty żð third world debt żð North-South relations żð migrant workers żð labour rights 12 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) 3.4 Conflicts and human rights This subtopic studies the implications of conflict and war for human rights. A student is to choose one of the following themes and find a specific case study for internal assessment work. (See the details in the chapter Assessment Outline ) żð the arms race and arms trade żð violence, conflicts and human rights żð war, war crimes and human rights żð prisoners of war żð genocide żð amnesty żð terrorism żð humanitarian intervention. 3.5 Political and religious systems and paradigms This subtopic links political ideas, systems and paradigms to human rights. A student is to choose one of the following themes and find a specific case study for internal assessment work. (See the details in the chapter Assessment Outline ) żð democracy and human rights żð non-democratic political systems and human rights żð religion and human rights żð human rights and political legitimacy żð ideological conflicts and human rights żð the cold war żð human rights in a theocracy the challenge of Iran and Sharia law. 13 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) BIBLIOGRAPHY Suggested Textbooks Author Title and Publisher ISBN Donnelly Jack International Human Rights, 0813399699 Westview Press, 1998. Forsythe David P Human Rights in International Relations, 0521629993 Cambridge University Press 2000. Material for Teaching Author Title and Publisher ISBN Donnelly Jack Universal Human Rights in Theory and Practice, 0801495709 Cornell University Press 1989. Hayden Patrick (ed.) The Philosophy of Human Rights Paragon House 1557787905 2001 Steiner Henry J, Alston International Human Rights in Context: Law, 0198298498 Philip Politics, Morals, Oxford University Press 2000. General References Author Title and Publisher ISBN Anderson Lieselotte Declarations of Freedom and Human Dignity, 1887250085 Agora Publications 1996. An-Na im Ahmed Human Rights in Africa: Cross-Cultural 0815717954 Abdullahi, Deng M Perspectives, Brookings Institution Press 1990. Francis Baehr Peter R Human Rights: Universality in Practice, 0312221800 St. Martin's Press, Inc. 1999. Bauer Joanne R, Bell The East Asian Challenge for Human Rights, 0521645360 Daniel A Cambridge University Press 1999. Beetham David Politics and Human Rights, 0631196668 Blackwell Publishers 1996. Beetham David Democracy and Human Rights, 0745623158 Polity Press 1999. Bell Daniel A East Meets West, 0691005087 Princeton University Press 2000. Bergem Knut, Karlsen Menneskerettigheter: en innföring, 8290425333 Gunnar et al. Humanist fÅ‚rlag 1999. Bloom Irene, Martin J. Religious Diversity and Human Rights, Columbia 0231104170 Paul et al. University Press 1996. 14 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) Bronkhorst Daan, Contemporary Encyclopedia of Human Rights, 157356205X Moritz Frederick A et Oryx Press 1999. al. Brown Seyom Human Rights and World Politics, 0321025474 Addison Wesley Longman, Inc. 1999. Buergenthal Thomas International Human Rights in a Nutshell, 0314065326 West Publishing Company, College & School Division 1995. Claude Richard Pierre, Human Rights in the World Community: Issues 0812213963 Burns Weston H. and Action, University of Pennsylvania Press 1994. Compa Lance A, Human Rights, Labor Rights, and International 812233409 Diamond Stephen F Trade, The University of Pennsylvania Press 1996. Dixon Martin Textbook on International Law, 1854314440 Blackstone Publishing 1990. Donnelly Jack Universal Human Rights in Theory and Practice, 0801495709 Cornell University Press 1994. Donnelly Jack The Concept of Human Rights 0312159412 St. Martin's Press, Inc. 1985. Donnelly Jack, Lopez International Human Rights, 0813381819 Georges A Westview Press 1997. Dunne Tim, Wheeler Human Rights in Global Politics, 052164643X Nicholas Cambridge University Press 1999. Evans Graham The Penguin Dictionary of International 0140513973 Relations, Penguin Books 1998. Ghanndhi P R International Human Rights Documents, 1841740934 Blackstone 1995. Goldstein Joshua S International Relations, 0321070615 Addison Wesley Longman, Inc. 2000. Hannum Hurst Guide to International Human Rights Practice 1571050574 Transnational Publishers, Incorporated 1999. Hasan Ashraful Human Rights Dilemmas in Contemporary 1572920955 Times: Issues and Answers, Austin & Winfield, Publishers, Inc. 1999. Ishay Micheline R The Human Rights Reader: Major Political 041918499 Essays, Speeches and Documents From the Bible to the Present, Routledge 1997. Kegley Chales W, World Politics: Trend and Transformation, 0312166575 Wittkopr Eugene R St. Martin's Press, Inc. 2000. Kent Ann E, Kent A. E. China, the United Nations, and Human Rights: 0812216814 The Limits of Compliance, University of Pennsylvania Press 1999. 15 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) Lauren Paul Gordon The Evolution of International Human Rights: 0812215214 Visions Seen, University of Pennsylvania Press 1998. Lerner Natan Religion, Beliefs, and International Human 1570753016 Rights, Orbis Books 2000. Milne A J M Human Rights and Human Diversity: An Essay in 0887063675 the Philosophy of Human Rights, State University of New York Press 1986. Ravitch Diane, Democracy Reader, 006272035X Thernsrtrom Abigail HarperCollins Publishers 1993. Reardon Betty A Educating for Human Dignity: Learning about 0812215249 Rights and Responsibilities, University of Pennsylvania Press 1995. Rouner Leroy S Human Rights and the World's Religions (Boston 0268011079 University Studies in Philosophy and Religion Vol. 9), University of Notre Dame Press 1994. Steiner Henry J, Alston International Human Rights in Context: Law, 0198298498 Philip Politics, Morals, Oxford University Press 2000. Stott John Human Rights and Human Wrongs: Major Issues 080106094X for a new Century, Baker Books1999. Wealherley Robert The Discourse of Human Rights in China: 0312222815 Historical and Ideological Perspectives, St. Martin's Press, Inc. 1999. Vincent R J J Human Rights and International Relations, 0521339952 Cambridge University Press 1990 16 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) Internet Resources General Educational Resources Columbia University Human Rights Links http://www.columbia.edu/cu/humanrights/ linksgen.html Human Rights Centre http://160.94.193.60/catalog/ Human Rights Internet http://globetrotter.berkeley.edu/humanrig hts/ Human Rights Syllabi http://www.hri.ca/ Human Rights Syllabi for the College http://globetrotter.berkeley.edu/AIUSA- Classroom syl/ Human Rights Web Resources Page http://www.hrweb.org/resource.html People s Decade of Human Rights http://www.pdhre.org/ Education The Electronic Resource Centre for Human http://erc.hrea.org/ Rights Education The Internet Gateway to International http://www.webcom.com/hrin/ Human Rights and Humanitarian Relief University of Denver Links for Human Rights http://www.du.edu/humanrights/advocacy center/links.htm University of Iowa Center for Human Rights http://www.uiowa.edu/~uichr/resources/in dex.shtml University of Minnesota Human Rights Library http://www1.umn.edu/humanrts/ Oneworld.Net http://www.oneworld.net BBC World Service I have a right to http://www.bbc.co.uk/worldservice/peopl e/features/ihavearightto/index.shtml Some Human Rights Organisations Amnesty International http://www.amnesty.org/ Council of Europe http://www.coe.int/ European Court of Human Rights http://www.dhcour.coe.fr/ Human Rights Watch http://www.hrw.org/ 17 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use) Inter-American Court of Human Rights http://corteidh- oea.nu.or.cr/ci/HOME_ING.HTM Organisation of African Unity http://www.oau-oua.org/ Organization of American States http://www.oas.org/ United Nations http://www.un.org There is plenty of material on human rights on the Web. Much of it can be found by using general search engines such as: www.yahoo.com, www.metacrawler.com 18 IB Diploma Programme guide: SBS Human Rights 2009 (extract for extended essay use)