First part of the course

30.12.2022

Universitas Diponegoro (IUP), Semester 1, 2022/23; Friday, 26.08. - 30.09., 08:15 - 09:55, and 05.10.2022, 10.00 - 11:55, online via Zoom

Contents

Bibliography

Abbreviations

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

Special material 1  (Overview over the norms to bear in mind as a public servant) (from another course)

Diagram 1  (Sources of law for the protection of human rights)

§ 1  Introduction
        I. Historical foundations of human rights
        II. Universality or cultural determination of human rights?
        III. Human rights and fundamental rights
        IV. The parallelism of national and international human and fundamental rights regimes

§ 2  International Human Rights Law
       I. The role of the United Nations to promote and encourage the respect for human rights
        II. Global human rights treaties
        III. Mechanisms to control the compliance with global human rights law
        IV. Geo-regional human rights law (overivew)

§ 3  Introduction to comparative fundamental rights law
        I. The anchoring of human rights as fundamental rights in the national constitution
        II. Comparative (human and) fundamental rights doctrine
        III. The enforcement of fundamental rights by the courts and constitutional courts

Buergenthal, Thomas; Shelton, Dinah; Stewart, David; Vazquez, Carlos:  International Human Rights in a Nutshell, 5th edition 2017

Donelly, Jack; Whelan, Daniel J.: International Human Rights, 6th edition 2020

Kälin, Walter; Künzli, Jörg: The Law of International Human Rights Protection, 2nd edition 2019

Moeckli, Daniel; Shah, Sangeeta; Sivakumaran, Sandesh; Harris, David (editors): International Human Rights Law, 4th edition 2022

Shelton, Dinah:  Advanced Introduction to International Human Rights Law, 2nd edition 2020

Schutter, Olivier de: International Human Rights Law. Cases, Materials and Commentary, 3rd edition 2019

Smith, Rhona K. M.: International Human Rights Law, 10th edition 2022

Antkowiak, Thomas; Gonza, Alejandra: The American Convention on Human Rights. Essential Rights, 2017

Bond, Martyn:  An Introduction to the European Convention, 2018

Gerard, Janneke: General Principles of the European Convention on Human Rights, 2019

Rainey, Bernadette; McCormick, Pamela; Ovey, Clare: Jacobs, White, and Ovey: The European Convention on Human Rights, 8th edition 2021

Viljoe, Frans: International Human Rights Law in Africa, 2nd edition 2012

Arnold, Rainer (editor): The Convergence of the Fundamental Rights Protection in Europe, 2016

Dixon, Rosalind; Ginsburg, Tom (editors): Comparative Constitutional Law, 2011

Dixon, Rosalind; Ginsburg, Tom (editors): Comparative Constitutional Law in Asia, 2014

Grimm, Dieter: Constitutionalism. Past, Present and Future, 2018. Part IV

Heun, Werner: The Constitution of Germany. A Contextual Analysis, 2011, chapter 8

Onida, Valerio; Balboni, Enzo; Carlotto, Ilaria a.o.: Constitutional Law in Italy, 3rd edition 2021, part IV

Robbers, Gerhard: Constitutional Law in Germany, 2017, chapter II

Ruiz Robledo, Agustín: Constitutional Law in Spain, 2nd edition 2018, part IV

Zekoll, Joachim; Wagner, Gerhad (editors): Introduction to German Law, 3rd edition 2018, chapter 2, § 2.06

Tushnet, Mark: The Constitution of the United States of America. A Contextual Analysis, 2nd edition 2015. chapter 5

Yeh, Jiunn-rong: The Constitution of Taiwan. A Contextual Analysis, 2015, chapter 7

Ferrari, Silvio; Hill, Mark C.C.; Jamal, Arif A.; Bottoni, Rossella (editors): Routledge Handbook of Freedom of Religion or Belief, 2021

Kälin, Walter; Schnegg, Brigitte: Women's Human Rights' App (W'sHR App), last updated 2021 [Android app, free dowonload in the Google Play Store]

Rosenfeld, Michael; Sajó, András (editors): The Oxford Handbook of Comparative Constitutional Law, 2012 (cf. parts VII, VIII)

Sheeran, Scott; Rodley, Nigel (editors): Routledge Handbook of International Human Rights Law, 2013

Shelton, Dinah (editor): The Oxford Handbook of International Human Rights Law, 2013

Tushnet, Mark; Fleiner, Thomas; Saunders, Cheryl (editors): Routledge Handbook of Constitutional Law, 2015 (cf. part III)

Vandenhole, Wouter; Desmet, Ellen; Reynaert, Didier; Lembrechts, Sara (editors): Routledge International Handbook of Children’s Rights Studies, 2017

Vega, Connie de la: Dictionary of International Human Rights Law, 2013

Attoh, Nonso (editor): Reported Cases of the African Court on Human and Peoples' Rights (RCACtHPR) [different parts with cases from 2009 - 2015], 2017

Bröhmer, Jürgen; Elsner, Gisela; Hill, Clauspeter; Spitzkatz, Marc (editors): 70 Years German Basic Law: The German Constitution and its Court, 3^rd edition 2019 (English translations of landmark decisions on fundamental rights)

Bumke, Christian; Vosskuhle, Andreas: German Constitutional Law. Introduction, Cases, and Principles, 2019

Conte, Alex; Burchill, Richard: Defining Civil and Political Rights. The Jurisprudence of the United Nations Human Rights Committee, 2nd edition 2009 (note, however, that the Human Rights Committee is not a court and therefore its views do not represent jurisprudence)

European Court of Human Rights (editor): Overview of the Case-Law of the European Court of Human Rights, 2009 ff. (annual overview)

Maringele, Sarah: European Human Rights Law. The work of the European Court of Human Rights illustrated by an assortment of selected cases, 2014

Urofsky, Melvin I.: Supreme Decisions. Great Constitutional Cases and Their Impact, vol. 1 and 2, 2012 (landmark decisions on U.S. constit. law)

Bisset, Alison (editor): Blackstone's International Human Rights Documents, 12th edition 2020

Khaliq, Urfan (editor): International Human Rights Law Documents, 2018

Office of the UNHCHR (editor): Human Rights Instruments (human rights treaties and soft law)

University of Minnesota (editor): Human Rights Library. Human Rights Treaties and Other Instruments

AHRLJ African Human Rights Law Journal, since 2000

APJHRL Asia-Pacific Journal on Human Rights and the Law, since 2000

EHRLR European Human Rights Law Review, since 1979

HHRJ Harvard Human Rights Journal, since 1988

HRLJ Human Rights Law Journal, since 1980

HRLR Human Rights Law Review, since 2001

HRQ Human Rights Quarterly, since 1979

HRR Human Rights Review, since 1999

IHRLR International Human Rights Law Review, since 2012

IJHR The International Journal of Human Rights, since 1997

JSEAHR Journal of Southeast Asian Human Rights, since 2017 [published in Indonesia]

for journals on comparative fundamental rights law see the journals in the field of comparative constitutional law

note that Indonesia so far has only ratified the treaties but not the optional protocols on effective enforcement mechanisms

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 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 a source of law but politically important: Universal Declaration of Human Rights (UDHR) of 1948 (available also in Indonesian and Javanese)

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

European Convention on Human Rights (ECHR) of 1950 and 16 protocols, European Social Charta (revised version of 1996/original version of 1961), others (Council of Europe); not a treaty but the specific fundamental rights regime of the EU: Charter of Fundamental Rights of the European Union

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), others (IACHR)

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, others (AU)

Arab Charter on Human Rights of 2004 (see also criticism by UNHCHR: does not meet international standards)

only a political document: ASEAN Human Rights Declaration (AHRD) (html/pdf) of 2012 (see also criticism by UNHCHR); see also, for a first ASEAN treaty on human rights aspects, the ASEAN Convention against Trafficing in Persons, Especially Women and Children (ACTIP) of 2015

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 (special website on h.r.), 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), 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)

Geo-regional human rights institutions: Council of Europe (special website on h.r.), with own Commissioner for Human Rights, Organization for Security and Co-operation in Europe (OSCE), Inter-American Commission of Human Rights (IACHR), African Commission on Human and Peoples' Rights (ACHPR) of 2015

only a consultative commission: ASEAN Intergovernmental Commission on Human Rights (AICHR)

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)

Research institutions: Human Rights Resource Center (UI, Jakarta), Asia-Pacific Human Rights Information Centre (Osaka), see also the Association of Human Rights Institutes (AHRI)

General teaching materials: Stephen P. Marks, Human Rights. A Brief Introduction, Harvard University 2017; Georgetown Law Library, Human Rights Law Research Guide; Office of the UNHCHR, Handbook for UN Staff; Stanford Encyclopedia of Philosophy, Human Rights; Universal Rights Group, A Rough Guide to the Regional Human Rights Systems