Karen da Costa

TOPIC: This session covers civil and political rights. What are they? How are they protected? Are all of them protected in the same way and at all times?

In this session we will explore:

The nature of State obligations regarding civil and political rights (CPR) under international human rights law, and
Examples of civil and political rights, such as the right to life, the prohibition of torture, freedom of thought and religion, and freedom of expression.
Key concepts relevant to the exercise of CPR, including 'limitation' of rights and 'derogation' of rights in times of emergency.

Later, on campus, we shall discuss some of these issues further through a case study/example.

LECTURE SLIDES

Readings:

Bantekas & Oette (2016), International Human Rights Law and Practice, Cambridge: Cambridge University Press, 2nd ed.; chapter 8 (Civil and political rights), pp. 339-398.

Siracusa Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights, Annex, UN Doc E/CN.4/1984/4 (1984). Available at:

https://www.uio.no/studier/emner/jus/humanrights/HUMR5503/h09/undervisningsmateriale/SiracusaPrinciples.pdf (Links to an external site.)

Criddle, Evan J. "Protecting Human Rights During Emergencies: Delegation, Derogation, and Deference." Netherlands Yearbook of International Law 45 (2014): 197-220.

Further suggested readings:

Rodley, Integrity of the Person (chapter 9); in: Moeckli et al. (eds), International Human Rights Law, 2018, Oxford: OUP.

McGoldrick, Thought, Expression, Association and Assembly (chapter 11), in: Moeckli et al. (eds), International Human Rights Law, 2018, Oxford: OUP.

Leigh, Ian. "Balancing Religious Autonomy and Other Human Rights under the European Convention." Oxford Journal of Law and Religion 1, no. 1 (2012): 109-25.

See also link on permissible limitations to human rights, with excerpts of several human rights cases:

http://www.humanrights.is/en/human-rights-education-project/comparative-analysis-of-selected-case-law-achpr-iachr-echr-hrc/the-right-to-freedom-of-opinion-and-expression/permissible-limitations

Hafner-Burton, Emilie M., Helfer, Laurence R. & Fariss, Christopher J., (2011). Emergency and Escape: Explaining Derogations from Human Rights Treaties. International Organization, 65(4), pp.673–707.

Sarah Joseph, “International Human Rights Law and the Response to Covid-19 Pandemic”, 11 Journal of International Humanitarian Legal Studies 2020, 249-269.

Tom Hickman, “The coronavirus pandemic and derogation from the European Convention on Human Rights”, 6 European Human Rights Law Review (EHRLR) 2020, 593-609.

Alan Greene, “Derogating from the European Convention on Human Rights in response to the Coronavirus pandemic: if not now, when?”, 3 European Human Rights Law Review 2020, 262-276

Kanstantsin Dzehtsiarou, “Article 15 Derogations: Are They Really Necessary during the COVID-19 Pandemic?”, 4 European Human Rights Law Review 2020, 359-371

Alan Greene, “On the value of derogations from the European Convention on Human Rights in response to the COVID-19 pandemic: a rejoinder”, 5 European Human Rights Law Review 2020, 526-532