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   Course Title    Human Rights
Lecturer    Nasim Bobojonov
Institution    Institute of Languages of Tajikistan
Country    Tajikistan


I. AIM OF THE COURSE

 

This syllabus provides an introduction to human rights in international relations at the turn of the twenty-first century. It examines the policy–making process that establishes and tries to apply human rights norms through the United Nations, regional organizations, state foreign policy and human rights groups.

 

This course is intended for students interested in international relations. It generally shows how and why human rights standards come into being, impact the notion of sovereignty, become secondary to other values and goals, are manipulated for reasons other than advancing human dignity and social justice, and sometimes change behavior to improve the human condition. It uses material situations mainly to demonstrate the policy-making processes associated with international human rights.

 

The goal of this course is to develop skills of independent thinking, reasoned debate and open–ended curiosity.     

 

II. ROLE OF THE COURSE IN THE OVERALL DEGREE CURRUCULUM

 

This course can complete the discipline named “Basics of State and Law»” included in the curriculum and may be presented like a separate course.

 

The prepared material serves as basis of the course “International Protection of Human Rights” and in the curriculum this special course can be taught as an elective.

 

III. METHODS USED

 

a. Teaching lectures – 22 hours

b. Practical lessons    - 16 hours

c. Test – end of semester.

 

IV. COURSE CONTENT

 

INTERNATIONAL PROTECTION OF HUMAN RIGHTS 

 

Lecture 1  International cooperation of Tajikistan in the field if human rights. (2 hours)

 

Since independence, the Republic of Tajikistan became an equal member of international society. During this period many international treaties and conventions in the field of human rights were ratified. For example – “International Covenant on Economic, Social and Cultural Rights”, “Convention on the Prevention and Punishment of the Crime of Genocide”, “Convention against Torture and other Cruel, Inhuman or Degrading Treatments or Punishment” and so on.

 

Lecture 2  International treaties and conventions in the field of human rights. (2 hours)

 

There are now over twenty important multilateral treaties in force in the field of human rights, which create legally binding obligations for the nations that are parties of those treaties. More specific international human rights obligations are established in a series of UN – sponsored international human rights agreements such as ( International Covenant on Civil and Political Rights, Convention on the Elimination of All Forms Racial Discrimination) and two important regional European and American  human rights conventions now in force. Other relevant and important treaties have been concluded under the auspices of the ILO, UNESCO, and other UN specialized agencies.

 

Lecture 3  International mechanisms of the implementation of Human Rights. (4 hours)

 

Implementation is a key problem in making the system of international protection of human rights effective, and it has proved a difficult and troublesome one. The jurisdiction of international courts depends upon the consent of nations involved, and few states have given such consent with respect to disputes involving human rights.

 

There are a great many national laws, regulations, court and administrative decisions and policy pronouncements in various countries relevant to the implementation of international human rights objectives, both within each country and its relations with other countries. In the case of Tajikistan, for example, these domestic tools include provisions of the Constitution of Republic of Tajikistan and the Universal Declaration of Human Rights.

 

Lecture 4   Fundamental Principles of Humans Rights.  (2 hours)

 

The international law of human rights is a post World War 2 phenomenon. It is closely related to the monstrous violations of human rights that were committed during the Hitler era. In those days, international law was not violated if a state denied basic human rights to its own citizenry. Since such conduct was not regulated by international law, it remained ipso facto a subject within the exclusive domestic jurisdiction of each nation. It served as an excuse for governments wishing to remain silent in the face of massive violations of human rights by other governments.

 

Lecture 5    Classification of Human Rights.  (2 hours)

 

Since 1995 international law has focused primarily upon the protection of individual human rights, as can be seen from a perusal of the rights contained in the Universal Declaration of Human Rights. In recent years, more attention has been given to various expressions of the concept of collective and individual rights. Some rights are purely individual, such as the right to life or freedom of expression, others are individual that are necessarily expressed collectively, such as freedom of assembly or the right to manifest one’s own religion. Some rights are purely collective – right to self-determination or the physical protection of the group as such through the prohibition of genocide, others constitute collective manifestations of individual rights, such as the rights of persons belonging to minorities to enjoy their own culture and practice their own religion or use their own language.

 

Lecture 6    Constitution of Tajikistan and Human Rights. (2 hours)

 

The detailed consideration of basic rights and freedoms stated in the Constitution of the Republic of Tajikistan are stipulated in this lecture.

 

Lecture 7   Non – governmental organizations and Human Rights. (2 hours)

 

With the spread of liberal democracy and more open societies after the Cold War, the number of NGOs at least spasmodically active on some human rights issues has greatly increased. But the percentage of human rights groups, relative to the total number of NGOs active in internationals relations, has remained rather stable.

 

Lecture 8     Overview of Humanitarian law in Tajikistan. (4 hours)

        

In all states, it is politically difficult to put the national military in legal frames and to prosecute its members for violating the laws of war pertaining to human values. Internationally prosecuting the enemy for war crimes can also prove difficult. Often one has control of neither the guilty person nor the documentary evidence that would stand judicial scrutiny. Obtaining such persons or evidence may require combat, with more death and destruction. Given difficulties of enforcement via prosecution, or various forms of collectively organized sanctions, the interested party must look primarily to diplomacy or other means of political application of human rights norms.

 

Lecture 9   Rights of the Child. (2 hours)

 

The Convention on the Rights of the Child was adopted by the General Assembly on the 20th of November 1989. It provides that in all actions concerning children the best interests of the child shall be a primary consideration. A variety of rights are stipulated including the inherent right to life.

 

V. READINGS.

a. Mandatory

1.      Enteen M.L. “International Guarantees of Human Rights” – Moscow 1997

2.      Buergenthal , Thomas  “International Human Rights in a nutshell” – USA 1999

3.      Show , Malcolm  “International Law” – Cambridge University 2001

4.      David R . Forsythe  “Human Rights in International Relations» Cambridge University 2000

5.      Donelly , Jack  “International Human Rights” – Boulder, Westview 1998

6.      Isaev A.I.  “Protection of Human Rights in Tajikistan” – Dushanbe 1999

7.      Constitutions of CIS countries  Almaty 1998

8.      Kartashkin R. A.  “Human Rights in International and Internal Law» Moscow 1997

 

b. Recommended

1.      Movchan A.P.  Human Rights and International Relations   Moscow 1998

2.      Mullerson R.A.  Human Rights and Reality  - Moscow 1997

3.      The Universal Declaration of Human Rights

4.      Isaev A.A.   Protection of Human Rights in Tajikistan  - Dushanbe 1998

5.      R. Beddard,  Human Rights in Europe  - Cambridge 1993

   



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