HUMAN RIGHTS BOOT
CAMP
Prof. Rick Wilson
Director, Int’l Human Rights Law Clinic
September 2014
What are “human rights”?
• The narrow, legalistic (law school) definition – the
fundamental, universal individual [and collective?] rights
that are articulated in ratified global and regional treaties,
and the customary law of nations, both of which create
international legal obligations (yes, but what about
domestic, U.S. obligations?)
• The doctrinal fields covered – international human
rights law; international criminal law; international
humanitarian law; ICRC? UNHCR? ILO? UNESCO?
WHO? FAO? (is anything NOT human rights law!)
• The broad, Wilsonian definition – what we call “public
interest law”: legal work that protects and defends
vulnerable and/or underrepresented persons or
populations (The lowest paid job you’ll ever love!)
CP Rights in the UDHR (1948)
• Art. 1 – equality and dignity
• Art. 2 – non-discrimination
• Art. 3 – life, liberty and security of person
• Art. 4 – no slavery or servitude
• Art. 5 – no torture or CIDT or punishment
• Art. 6 – personhood
• Art. 7 – equal protection
• Art. 8 – effective remedy in competent court
• Art. 9 – no arbitrary arrest, detention or exile
• Art. 10 – fair and public hearing in independent and impartial tribunal
• Art. 11 – fair trial rights in crim pro – presumed innocent, “defence”,
public trial, no ex post facto conviction, no heavier penalty later
CP Rights in the UDHR (cont’d)
• Art. 12 – no arbitrary interference with privacy, family,
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home or correspondence, honor, reputation
Art. 13 – movement and residence within borders
Art. 14 – asylum
Art. 15 – nationality
Art. 16 – marriage and founding a family
[Art. 17 – own property; no arbitrary deprivation of
property]
Art. 18 – thought, conscience and religion
Art. 19 – opinion and expression
Art. 20 – association and assembly
Art. 21 – political participation and public services
ESC Rights in the UDHR
• Art. 22 – “social security” (broadly, not U.S.)
• Art. 23 – work and equal pay; unions
• Art. 24 – rest and leisure
• Art. 25 – adequate standard of living – food, clothing,
housing, medical care, worker’s comp; special care for
mothers and kids
• Art. 26 – education
• Art. 27 – cultural life; intellectual property protection
Collective right and duties in UDHR
• Art. 28 – entitlement to fully realized rights in the social
and international order
• Art. 29 – duty to community; limitations only on “just
requirements of morality, public order and the general
welfare”
Big debates in human rights
• Are they “Western” or culturally specific?
• Are they hierarchical or “generational”?
• Are there negative/positive human rights?
• Are they enforceable law or only
aspirational morals – hard or soft law?
• Are they recent (70s) or timeless?
• Do they show up ANYWHERE in your first
year required courses?
What to pay attention to in ALL classes
• When is the course about substance v. process – lawyers
OBSESS about process!!
• Who is taking a case to court? Who are they suing and
why?
• What’s the story behind the reported case? What’s the
subtext of “thinking like a lawyer”? (What about acting like
a lawyer?) For back stories, see “Human Rights Advocacy
Stories”!
• Learn how NOT to follow the herd – firms, law review,
clerkship
A Human Rights Activist Reading List
(because you don’t have enough now!)
• Read any or all of these to restore your heart and soul:
• William Quigley, “Letter to a Law Student Interested in
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Social Justice”
Duncan Kennedy, “Legal Education and the
Reproduction of Hierarchy” (or “As Training for
Hierarchy”)
Peter Cicchino, “Defending Humanity,” or anything else
by him: http://petercicchino.com/writings.html
Jules Lobel, “Losers, Fools & Prophets: Justice as
Struggle”
Gerald López, Rebellious Lawyering
Any edition of The Politics of Law: A Progressive
Critique
Words to Live By
• We can take inspiration from social justice lawyers like
Mohandas Gandhi, Nelson Mandela, Shirin Ebadi, Mary
Robinson, Charles Hamilton Houston, Carol Weiss King,
Constance Baker Motley, Thurgood Marshall, Arthur Kinoy
and Clarence Darrow. Bill Quigley
• The better the society, the less law there will be. In
Heaven, there will be no law, and the lion will lie down
with the lamb. In Hell, there will be nothing but law, and
due process will be meticulously observed. Grant Gilmore
• A lawyer is either a social engineer or he’s a parasite on
society. Charles Hamilton Huston