National Law University Odisha

NATIONAL LAW UNIVERSITY

ODISHA, CUTTACK

COURSE OUTLINE

HUMAN RIGHTS LAW

COMPULSORY PAPER (9TH SEMESTER) 2023

COURSE OUTLINE PREPARED BY:

Dr. Ananya Chakraborty,

[Associate Professor of Law];

Dr. Sohini Mahapatra

[Assistant Professor of Law];

Mohammad Sikander

[Assistant Professor of Law]

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Course Description:

“The Sustainable Development Goals are the blueprint to achieve a better and more sustainable future for all.
They address the global challenges we face, including those related to poverty, inequality, climate, environmental
degradation, prosperity, and peace and justice. The Goals interconnect and in order to leave no one behind, it ís
important that we achieve each Goal and target by 2030.”

--- United Nations

At the outset it needs to be understood that Human rights is not just another subject. It is a way of
life, a philosophy on which various scholars have written for centuries, many people have lost their
lives defending it, many tyrannical governments have tried to subvert it, and religions have tried to
grapple with it. At the center of the discourse on human rights, there are some traditional key players,
like the State and the individual. However other factors have increasingly influenced the struggle of
human rights, like religious beliefs, cultural barriers, multi-national corporations, political parties,
media houses. These factors can be a threat to the very core ideas of human rights discourse like,
human dignity; non-discrimination; non-arbitrariness; and equality. As learners and advocates of
human rights, you must be able to appreciate the fact that in your previous semesters you have been
introduced to several branches of laws, like labor laws, Constitutional law; administrative law,
intellectual property right laws, environmental law and etc, all of which are connected to human rights.

This course seeks to explore the human rights as a concept and also from a global perspective. It will
not always be taught in pure Indian context. The idea is to develop our understanding about several
legally binding treaty obligations from an international perspective, and think about it in the Indian
context. Hence each module will be taught in reference to judicial decisions, from different
jurisdictions; Committee decisions; General Comments by several Committees; Regional Human
rights courts decisions. The course intends to strike a balance between both international and national
human rights framework. The course is designed to facilitate both descriptive and analytical
understanding of the human rights paradigm.

COURSE LEARNING OUTCOMES:

• To understand the concept of human rights and the foundation on which it is based and to trace
the evolution of the concept of human rights over time (UNDERSTANDING Level).

• To have an understanding of the regime of International Human Rights Law

(KNOWLEDGE Level).

• To understand the dynamics of the human rights regime from a critical perspective
(ANALYSIS Level).

• To have a critical understanding of the human rights paradigm in India and apply the

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various laws to real life scenarios (APPLICATION Level).

• To encourage the students to have an understanding of the theoretical and practical challenges
in realization of rights and how the same affects the vulnerable categories
(UNDERSTANDING Level).

CLASS PREPARATION

Class preparation involves reading newspapers every day, especially sections reporting on matters
which prima facie cover incidents and developments related to human rights breach and its
development. You will be expected to read the materials like articles, cases, book chapters and attend
the class discussions. For the classes on Human Rights, learning has to be learner centric. Hence you
are requested to see the materials regularly and keep yourself updated.

EVALUATION PATTERN

Project and Viva (20+10) 30

End Term examination 70

Total Marks 100

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MODULE 1

THE CONCEPT OF HUMAN RIGHTS AND ITS DEVELOPMENT

1.1. What are Human Rights, and why do we need them?; The journey since Second World War –
indivisibility of civil &political, and economic, social, cultural rights

1.2. Sources of Human Rights Law; Theory of sources; Is it part of Customary International Law?

1.3. Reservations to Human Rights Treaties; How far are they acceptable?

1.4. The 'common law' of human rights (jus commune); How judicial interpretations and expert body
interpretations are developing Human rights law?

1.5. From economic growth to people-centered development

Suggested readings:
Cases:
Case OfDemirandBaykara V. Turkey (Application No. 34503/97); Case Of National Union Of Rail, Maritime And Transport
Workers V. The United Kingdom(Application No. 31045/10); North Sea Continental Shelf Cases (Federal Republic of Germany v.
Denmark; Federal Republic of Germany v. Netherlands), Judgment of 20 February 1969, para. 77); Prosecutor v. AntoFurundzija,
judgment of 10 December 1998, paras. 147–57;Beg v. Islamic Republic of Pakistan [353 F.3d 1323]; R.v. Bow Street Metropolitan
Stipendiary Magistrate and others, ex parte Pinochet Ugarte(No. 3), judgment of 24 March 1999 [2000] A.C. 147; Al-Adsaniv. United
Kingdom (Appl. No. 35763/97), judgment of 21 November 2001; Case Of Golder V. The United Kingdom (Application
no. 4451/70);Arrest Warrant of 11 April 2000 (Democratic Republic of Congo v. Belgium), I.C.J. Reports 2002, 3; Legal Consequences
of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion of 9 July 2004, I.C.J. Reports 2004, 136 at 199;
European Committee of Social Rights, Complaint No. 69/2011, Defence of Children International v. Belgium, decision on the merits of 23
October 2012; Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, Advisory Opinion, I.C.J. Reports
1951, 19; Case Of Belilosv. Switzerland(Application No. 10328/83); Case of Mamatkulov and Askarov v. Turkey (2005);
Pretty v. United Kingdom (Appl. No. 2346/02); The Case of Demir and Baykara v. Turkey (Application no. 34503/97);
Case of Cadder (Appellant) v Her Majesty’s Advocate (Scotland) (Respondent) [2010]; Loizidou v Turkey, Admissibility, App
No 15318/89
Books:
1.. The Universal Declaration of Human Rights in the 21st Century, Open Book Publishers. (2016), chapter 2
2. Paul Gordon Lauren, The Foundations of Justice and Human Rights in Early Legal Texts an Thought, inDinah
Shelton (ed.) The Oxford Handbook of International Human Rights (Oxford University Press, 2013).
3. A World Made New, Mary Ann Glendon (2001), chapters 9, 10, epilogue
4. Gender, Development and Disasters, Sarah Bradshaw, Edward Elgar, Year: 2013, chapter 2
5.
https://www.echr.coe.int/Pages/home.aspx?p=caselaw/reports&c=https://www.ohchr.org/EN/ProfessionalInterest/Pages/UniversalHu
manRightsInstruments.aspx ;

MODULE 2

APPLICATION/ RESTRICTION OF HUMAN RIGHTS LAW

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2.1. Notion of Jurisdiction – When can a State be responsible for situations of human rights
violations? – Principle of “effective control” – Situations outside the State’s national territory

2.2. Typology of Human Rights – Respect; Protect; Fulfill human rights.

2.3. Situations of emergency and Derogation from certain human rights.

2.4. Restriction of human rights – Absolute prohibition [torture; ill-treatment] – Expulsion of aliens

2.5. Limitation to Human Rights – Legitimacy; Legality; Necessity.

Suggested readings:

Cases

Loizidou v. Turkey or Öcalan v. Turkey App No 15318/89;Lopez Burgos v. Uruguay; Legal Consequences of the Construction of a Wall
in the Occupied Palestinian Territory (2004); Al Skeini and Others v. the United Kingdom (Appl. No. 55721/07)2011;Jaloud v. The
Netherlands (Appl. No. 47708/08) 2014; Case of Assanidze v. Georgia (application no 71503/01) 2004; Maastricht Principles on
Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights; Case Of Piskin V. Turkey (European Court Of
Human Rights) Application No. 33399/18 [2020]; Chahaland Others V. United Kingdom,Judgment Of 15 November 1996 [Diplomatic
Assurances]; Case Of Othman (Abu Qatada) V. The United Kingdom(Application No. 8139/09)[2012]; S.A.S. V. France [2014]
ECHR 695; Hatton And Others V. United Kingdom(Application No. 36022/97)Grand Chamber [2003]

Books and other sources:

1. Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural
Rights; Economic, Social AndCultural Rights, AsbjernEide, MartinusNijhoff Publishers, 200;
2. Human Rights Committee ,General comment No. 34, Article 19: Freedoms of opinion and expression

MODULE 3

REGIONAL AND INTERNATIONAL MECHANISMS TO APPLY HUMAN

RIGHTS

3.1. Regional Human Rights Standards and Mechanisms- European Convention on the Protection
of Human Rights 1950 and institutions; Latin American standards and mechanisms for protection
of human rights; African standards and mechanisms for protection of human rights

3.2. Workings of International Human Rights Court and their effectiveness

3.3. The Human Rights Council, and the Universal Periodic Review – The Human Rights Council
and its Special Procedures – UN Human Rights Treaty Bodies and State Reporting - UN Human
Rights Treaty Bodies and Individual Communications

American/African/European Charter
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Suggested readings:
1. International Human Rights- A Comprehensive Introduction, Michael Haas, Second Edition 2014, Routledge, New York
[pg.315-pg.460]
2. International Human Rights Courts , Solomon T. Ebobrah, The Oxford Handbook of International Adjudication, Edited
by Cesare P. R. Romano, Karen J. Alter, and ChrisanthiAvgerou , Print Publication Date: Dec 2013
3. https://juris.ohchr.org/; https://www.ohchr.org/EN/HRBodies/Pages/TBGeneralComments.aspx
;https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/TBSearch.aspx?Lang=en
;https://www.ohchr.org/EN/HRBodies/HRC/Pages/Sessions.aspx ; https://www.ohchr.org/EN/Pages/calls-for-
input.aspx ; https://spinternet.ohchr.org/ViewAllCountryMandates.aspx?Type=TM&lang=en

MODULE 4

INTERNATIONAL RESPONSE TO SOME FORMS OF DISCRIMINATION

4.1. The prohibition of discrimination – notion of discrimination – Article 26 of ICCPR ; UN Charter;

UDHR; Article 24 ACHR; Article 14 ECHR, CEDAW.

4.2. Obligations of a State: Scope – Formal discrimination; Substantive discrimination; Direct

discrimination; Indirect discrimination - Discrimination in private sphere - requirement of 'equality
before the law'; requirement of 'equal protection of the law' ; requirement to 'prohibit any
discrimination ; duty to guarantee to all persons equal and effective protection against discrimination

4.3. Racial discrimination - (a) International Convention on the Elimination of All Forms of Racial
Discrimination, 1965 (b) UNESCO Declaration on Race and Racial Prejudice, 1978

4.4. Freedom from Torture - (a) Convention for the Prevention and Punishment of the Crime of
Genocide, 1948 (b) Convention on the Protection of All Persons from Being Subjected to Torture
and other Cruel and Inhuman or Degrading Treatment or Punishment, 1984

Suggested readings:

Cases:

Broeks v Netherlands, Merits, Communication No 172/1984, UN Doc CCPR/C/29/D/172/1984, IHRL 1690 (UNHRC 1987);
Sprenger v Netherlands, Merits, Communication No 395/1990, UN Doc CCPR/C/44/D/395/1990, IHRL 2370 (UNHRC 1992);
Thlimmenos v Greece, Preliminary objection, merits and just satisfaction, App no 34369/97, ECHR 2000- IV, (2001) 31 EHRR 411,
IHRL 2928 (ECHR 2000), 6th April 2000;Regina v. Immigration Officer at Prague Airport and Another, Ex parte European Roma
Rights Centre and Others, [2004] UKHL 55, United Kingdom: House of Lords (Judicial Committee);Ms. Rosalind Williams Lecraft v.
Spain, Human Rights Committee, 27 July 2009;CASE OF TIMISHEV v. RUSSIA(Applications nos. 55762/00 and 55974/00)13
December 2005 FINAL13/03/2006;CASE OF KONSTANTIN MARKIN v. RUSSIA
(Application no. 30078/06) Grand Chamber 2012; Central Okanagan School District No. 23 v. Renaud Central Okanagan School
District No. 23 v. Renaud, [1992] 2 S.C.R. 970; Guido Jacobs v. Belgium, communication no 943/2000 (CCPR/C/81/D/943/2000

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(2004)), final views of 7 July 2004; General comment No. 20: Non-discrimination in economic, social and cultural rights (art. 2, para. 2, of
the International Covenant on Economic, Social and Cultural Rights)UN Committee on Economic, Social and Cultural Rights (CESCR);
Books and other sources:

1. UN Human Rights Committee (HRC), CCPR General Comment No. 18: Non-discrimination, 10 November 1989
2. UN Committee on the Elimination of Racial Discrimination (CERD), UN Committee on the Elimination of Racial
Discrimination: Addendum to the Nineteenth Periodic Reports of States Parties Due in 2006, India, 29 March 2006,
CERD/C/IND/19, available at: https://www.refworld.org/docid/453779710.html
3. UN Committee on the Elimination of Racial Discrimination (CERD), UN Committee on the Elimination of Racial
Discrimination: Concluding Observations, India, 17 September 1996, CERD/C/304/Add.13, available at:
https://www.refworld.org/docid/3ae6aeeb10.html
4. Caste Discrimination and Minority Rights: The Case of India's Dalits, Annapurna Waughray, International Journal on
Minority and Group Rights, Vol. 17, No. 2 (2010), pp. 327-353
5. Malaihollo, Medes, The International Convention on Elimination of All Forms of Racial Discrimination – Reviewing Special
Measures under Contemporary International Law (September 20, 2017). Groningen Journal of International Law, Vol. 5,
No. 1, 2017. Available at SSRN: https://ssrn.com/abstract=3054679
6. Written statement Best practices, achievements and challenges of the International Convention on the Elimination of All Forms
of Racial Discrimination (ICERD) 26 November, 2015 https://imadr.org/wordpress/wp-
content/uploads/2015/11/IMADR_Written-Submission_ICERD50_Best-practices- achievements-and-challenges-of-the-
International-Convention-on-the-Elimination-of-All- Forms-of-Racial-Discrimination-ICERD.pdf
7. Law Commission of India Report No.273 Implementation Of ‘United Nations Convention Against Torture And Other
Cruel, Inhuman And Degrading Treatment Or Punishment’ Through Legislation, October, 2017
8. India's Silent Acceptance of Torture Has Made It a 'Public Secret', Balijeet Kaur, EPW Vol. 53, Issue No. 36, 08 Sep,
2018 (https://www.epw.in/engage/article/indias-silent- acceptance-torture-
has?0=ip_login_no_cache%3D5b76b9e9c8eda6cec990b0c0d8b7ae9b)

MODULE 5

PROTECTION OF HUMAN RIGHTS IN INDIA

5.1. Role of national authorities protecting human rights – Domestic courts; Quasi Judicial Human
Rights Institutions – The Paris Principles on National Human Rights Institutions -National Human
Rights Commission; Quasi judicial International institutions [Committees]

5.2.Statutory framework in India—the Protection of Human Rights Act, 1993, The Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Protection of Children from Sexual
Offences Act, 2012, The Protection of Women from Domestic Violence Act 2005

Suggested Readings
Cases:
PUCL v. State of Maharstra (2014) 10 SCC 635, HussainaraKhatoonv. Home Secretary, State of Bihar, 1979 AIR
1369, Khatri v. State of Bihar &Ors. 1981 SCC (1) 627, Olga Tellisv. Bombay Municipal Corporation 1986 AIR
180, KishenPatnayak v. State of Odisha AIR 1989 SC 677.

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Books and other sources:

1. Articles on Responsibility of States for Internationally Wrongful Acts, adopted in 2001 by the International Law Commission
2. Sandra Fredman, Human Rights Transformed- Positive Rights and Duties (Oxford University Press) chapter 2 (ii), chapter 4
3. Asha Bajpai, Press: Child Rights 2008) in India-Law, 92-123 Policy and Practice (2nd ed., 2003)1-32
4. South Asia Human Rights Documentation Centre, Introducing Human Rights, (Oxford University Press: New Delhi 2006), 66-
83
5. SubhramRajkhowa and Manik Chakraborty, Indigenous People and Human Rights-The Quest for Justice, (R. Cambray& Co.
Private Ltd., 1st edition, 2009) 306-318.
6. O. Chinnappa Reddy, The Court and the Constitution of India: Summits and Shallows (Oxford University Press:New Delhi,2008
)173-184 6. Co., Justice 1st edition, Dharmadhikari, 2010),13-22 Human Values and Human Rights (Universal Publication )
7. Rhona K.M Smith, Texts and Materials on International Human Rights (Routledge:2010) 120 -175
8. Dr. M. Ershadul Bari, “Human Rights Commission: A Mechanism for the Promotion and Protection of Human Rights at
National Level” (1997) 8 DULJ 1
9. Justice Y.K Sabharwal, “Role of Human Rights Commissions in Democracy” (2007) 1 SCC J3 11.
10. S. P. Sathe, “ Towards an Effective Human Rights Commission ” Economic and Political Weekly , Vol. 27, No. 40 (Oct. 3,
1992), 2155-2156
11. Council of the UN Organization for Food and Agriculture (FAO), Voluntary Guidelines on the progressive realization of the
right to adequate food in the context of national food security (23 November 2004)

MODULE 6

EMERGING AREAS OF HUMAN RIGHTS

6.1. Artificial Intelligence and Human Rights

Use of AI in business and
6.2. Human rights and corruption
medical
6.3. Business and human rights

6.4. Rights of Transgender

6.5 Rights of the Prisoners

Suggested Readings

Cases:

Union Carbide Corporation vs Union of India (1989, SC), Navtej Singh Johar vs Union of India (2018, SC), Justice
(Retd) K S Puttaswamy vs Union of India (2017, SC), National Legal Services Authority vs Union of India (2014,
SC), Arun Kumar vs Inspector General of Registration, Tamil Nadu (2014, Madras HC), Naz Foundation vs
Government of NCT Delhi (2009, Delhi HC), KantilalNandlal Jaiswal vs Divisional Commissioner, Nagpur
(2019, SC), Sunil Batra vs Delhi Administration (1978, SC), State of M P vs Shyamsundar Trivedi (1994, SC), State
of A P vs ChallaRamkrishna Reddy (2000, SC), Vatheeswaran vs State of Tamil Nadu (1983, SC), V
Radhakrishnan vs The State of Tamil Nadu (Madras HC, 2019), Rahmath Nisha vs Additional Director General
of Prisoner (Madras HC, 2019)

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Note: All Readings will be divided into Mandatory and Additional Readings and notified to the students accordingly.

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