KDEC 9115 - Human Rights: Theory, Law, and Practice

Human rights are often contested in theory and law, as well as in practice. Controversies exist over what rights are, their sources, when they apply, who and what they protect, how they are enforced, and whether they work. This seminar will explore how core theories of rights approach these tensions and use this theoretical foundation to analyze how human rights as legal rights under international law function in practice. The seminar will seek to clarify fundamental questions such as: Where are rights defined and protected? Who has rights? What is the role of rights in governance? What claims do rights make on resources? How do rights relate to distributive justice? How should conflicts between rights and rights-holders be resolved? What are the methods for assessing rights implementation? And should the protective reach of rights be expanded, including through “new” rights?

Most sessions will be formatted around a brief introduction of core questions in the week’s topic, a structured discussion around those and the readings, and a summary of take-away points. Some sessions will feature guest speakers and case studies will be integrated throughout. As the seminar is intended to be dynamic, readings may be subject to change.

Students will be graded on their engagement with the content of class materials, as evidenced by the quality of their participation in seminar discussions (30%) and on a final written paper (70%). For the participation grade, students will be asked at the beginning of the semester to sign up for two class sessions for which they will be particularly active in seminar discussion, although it is also expected that students will maintain active and informed participation in seminar discussions throughout the semester. For the seminar paper, students will be required to submit a proposed topic and research proposal (1-2 paragraphs) for feedback and the final paper.

Students will be asked to read around 50 pages of required materials from a variety of disciplines to facilitate class participation and to also complete a final seminar paper on a topic of their choosing that relates to the themes explored in the seminar.