Human Rights
Mokhtari
HUMAN RIGHTS
SIS-622-002
Fall 2013
American University
School of International Service
Fall 2013
Tues: 2:35-5:15 PM
Room: Ward 1
Professor Shadi Mokhtari
Office: 208 EQB
Phone: (202) 885-6570
E-mail: mokhtari@american.edu
Office Hours: Tues, 10-2pm
and Fri, 9-11AM
COURSE DESCRIPTION:
This course is designed to introduce graduate students to the international human rights regime.
It begins by presenting the human rights framework’s philosophical foundations, historical
development and primary challenges. From there the course considers the avenues for human
rights promotion used by leading international, regional and non-governmental human rights
organizations. Students are also introduced to several key categories of substantive rights
recognized in international human rights regime. Finally the course concludes with a
contemporary case study. Through the course students are exposed to some of the human rights
field’s most critical debates and a variety of Western and non-Western perspectives. The course
challenges students to think critically and question the assumptions about international human
rights dynamics they bring to the class. It also asks them to take on the numerous challenges
faced by human rights advocates. To promote active learning, we will use a series of films and
in-class exercises.
COURSE OBJECTIVES:
This course seeks to:
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Convey an understanding of the origins and asserted philosophical and religious
foundations of human rights.
Familiarize students with the major debates surrounding international human rights.
Provide students with substantive knowledge of the key human rights documents and
institutions at international and regional levels.
Facilitate students’ familiarity with the role of state and non-state actors in human rights
promotion and protection.
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Enhance students’ analytical skills to assess human rights policies and practices of
intergovernmental bodies and national governments.
Develop students’ understanding of the politics of human rights and the interactions of
state and non-state actors, including the human rights movement.
Provide students with a sense of today’s human rights trends and challenges.
LEARNING OUTCOMES:
At the end of this course, students will be able to:
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Critically assess alternative conceptualizations of human rights.
Elaborate on the conceptual tensions within human rights over cultural relativism, state
sovereignty, civil and political rights vs. economic, social, and cultural rights, and
individual vs. group rights.
Identify the important provisions of key human rights documents.
Describe core intergovernmental and regional human rights mechanisms, including their
structure, methods, and strengths and weaknesses.
Describe the role of state and non-state actors in ensuring respect of human rights.
Analyze states’ human rights practices with a focus on specifying how competing
political interests shape foreign policy.
Critically examine the potentials and limitations of human rights advocacy.
ACADEMIC INTEGRITY CODE:
Standards of academic conduct are set forth in the University's Academic Integrity Code. By
registering, you have acknowledged your awareness of the Academic Integrity Code, and you are
obliged to become familiar with your rights and responsibilities as defined by the Code.
Violations of the Academic Integrity Code will not be treated lightly, and disciplinary actions
will be taken should such violations occur. Please see me if you have any questions about the
academic violations described in the Code in general or as they relate to particular requirements
for this course.
EMERGENCY PREPAREDNESS FOR INTERRUPTION OF CLASSES:
In the event of an emergency, American University will implement a plan for meeting the needs
of all members of the university community. Should the university be required to close for a
period of time, we are committed to ensuring that all aspects of our educational programs will be
delivered to our students. These may include altering and extending the duration of the
traditional term schedule to complete essential instruction in the traditional format and/or use of
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distance instructional methods. Specific strategies will vary from class to class, depending on
the format of the course and the timing of the emergency. Faculty will communicate classspecific information to students via AU e-mail and Blackboard, while students must inform their
faculty immediately of any absence. Students are responsible for checking their AU e-mail
regularly and keeping themselves informed of emergencies. In the event of an emergency,
students should refer to the AU Student Portal, the AU Web site (www.prepared.american.edu)
and the AU information line at (202) 885-1100 for general university-wide information, as well
as contact their faculty and/or respective dean’s office for course and school/ college-specific
information.
COURSE POLICIES:
1. Students are encouraged to bring laptops to class but for use in specified assignments
only. Students may not use laptops during class in all other circumstances (i.e. students
should not be using their laptops during lectures, class discussions, group discussions etc.
unless otherwise directed to do so). The only exception to this policy is in cases in which
a student has a documented special need to use a laptop. Bring pen and paper to take
hand-written notes. Powerpoints used in class will be available on blackboard.
2. Students are expected to attend class regularly and attendance will be taken at the
beginning of each class. Excessive absences may result in grade deductions or an “X”
grade for the semester. More than three unexcused absences can impact a student’s grade
and students with more than three unexcused absences will be asked to meet with the
instructor to discuss their absences.
3. Extensions are granted only in cases of documented illness, emergencies or special need.
Late papers are docked 10 points for every day they are late.
GRADE RANGE:
“A” : 93.5 and above (Excellent, Surpasses Expectations)
“A-“ : 89.5- 93.49%
“B+”: 86.5- 89.49%
“B”: 83.5- 86.49% (Good, Meets Expectations)
“B-“: 79.5-83.49%
“C+”: 76.5-79.49%
“C” : 73.5-76.49% (Meets Most, but not all Expectations)
“C-“: 69.5-73.49%
“D” 59.5-69.49% (Meets Minimum Expectations)
“F” : 69.49 and below (Failed to Meet Minimum Expectations)
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COURSE REQUIREMENTS:
The grade for this course will comprise of the following:
Category
Points
Pop Quizzes and
“The Power of Human Rights” Group Presentation
15%
Emerging/ Other Substantive Human Rights
Individual Presentation
15%
Case Study 1
20%
Case Study 2
20%
Final Paper/ Case Study 3
30%
_______________________________________________________
Total
100%
Reading Pop Quizzes And “The Power of Human Rights” Group Presentation:
Students are expected to have completed the readings assigned before each class. There will be
two to four unannounced pop quizzes that will be designed to determine whether you have
carefully read and are able to reflect on the material assigned for that class. Only students with
verifiable illnesses or emergencies causing them to miss a class on which a quiz was assigned
will be given another pop quiz. Otherwise, students will not be able to make up the quizzes.
The Power of Human Rights (POHR) was a very important theoretical contribution to the
academic literature on how human rights can matter and be advanced in the frequent absence of
material power by its advocates. Last spring, a follow-up to (POHR) called The Persistent Power
of Human Rights was published. Because there is quite a bit of redundancy in the content of the
case studies in the two volumes, I am not assigning either book in its entirety for the class. At the
same time, the case studies provide valuable applications of the model being presented. Thus, we
will do the following:
1. Everyone is to read three chapters introducing and assessing the model as designated in
your reading list below.
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2. You are then to sign up to read one additional chapter from the two edited volumes.
These chapters are either country case studies or special topics.
3. Once everyone in your group has read the chapters assigned to the class and the
additional chapter assigned to your group, as a group you are asked to discuss and
identify significant key points made and questions for discussion raised.
4. You are then asked to present the most significant points as well as possible questions
raised to the rest of the class in a brief presentation.
Each quiz given and the POHR presentation will comprise an equal part of the 15% for this part
of your grade.
Emerging/ Other Substantive Human Rights Presentation
The number of rights recognized under the human rights regime is expansive and continue to
expand. We will only cover the major rights categories through the assigned course materials and
lectures. You will have the task of taking the class beyond the rights areas covered in the course.
Each student will sign up for a date on which to make a brief (10 minute Maximum)
presentation to the class about a substantive rights field not being covered in class. Examples
include the following:
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A Healthy Environment as a Human Right
Sexual Minority Rights (using the human rights framework)
Disability Rights
Refugee Rights
Intellectual Property and Human Rights
Indigenous Peoples’ Rights
Minority rights
Immigrant rights
Students may present on the human rights field and its development broadly or present a
contemporary situation or case study in which the human right is being invoked. As with all
presentations, the point is to contribute something new and worthwhile to the class. Above all
else, make sure the presentations are interesting and engaging!
Because we have 10 classes in which to present and 30 students enrolled in the class, these are
brief presentations. Make sure you get the most important points across concisely. You may use
a powerpoint (or other presentation programs) if you wish, but you will have to make sure there
is virtually no set-up time required. That means you have the presentation up on a laptop, you
have the correct adaptors if you have a Mac or otherwise need an adaptor, and you get to class
early to do a test run and make sure it works. If you have prepared a powerpoint, you should also
be ready to give your presentation without it in case there are technical glitches.
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If you are not able to present on the date scheduled, you should notify me via e-mail
immediately. If you are not able to present for an excused reason and we are running short on
time around the end of the semester, you may be asked to give the presentation to me alone in
office hours. If you are not able to present for an un-excused reason, you will most likely not be
able to make up the assignment.
THREE-PART CASE STUDY
Note: Students are expected to be consulting relevant academic/ scholarly literature for
their papers. Papers that rely on internet-based sources alone will not receive high grades.
Also note, this is supposed to be a semester-long project. I highly encourage you to start early.
Paper 1- Introduction and Identifying Roots and Challenges (Due Oct. 8)
In this five to six-page paper you are to introduce the human rights issue you chose to consider
for your semester-long case study, identify any social, economic, political or cultural roots
facilitating the human rights conditions with which you are concerned , and identifying the key
challenges involved in addressing the issue. I realize there may be overlap between the last two
areas. In that case, make sure you are not being redundant. Simply flag the overlap between
roots and challenges and expand on them.
Although human rights reports can serve as an important resources, the paper should not
replicate the description of a (or set of) human rights report, but demonstrate that student has dug
deeper and is taking an analytical look from a distance in order to uncover the underlying roots
of the human rights issue and primary challenges in addressing it. Remember human rights
reports are in a key respect advocacy tools designed to present ideas in ways that prompt action
vis-à-vis the public at large or governmental officials. If they are too complex or introduce too
much ambiguity, it is harder to for them to achieve their goals. Your job here is different. I am
looking for your grasp of the complexities involved and critical analytical skills. For example, if
one source tells you the problem is culture, can you go beyond that to show that there may or
may not be more complexity involved?
Paper 2- Identifying and Assessing Current Human Rights Promotion Initiatives/
Strategies (Due Oct. 29th)
Students are to identify three NGO, UN or regional human rights mechanism campaigns
attempting to address/ end the human rights issue you have chosen. It is preferable for you to
choose one of each (e.g. one NGO, UN or regional campaign), but in many instances that will
not be possible. In a five to six page paper you are to (1) identify the current approaches/
strategies being used based on what you learn from our class coverage of human rights advocacy
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strategies, (2) compare and contrast the approaches and strategies of the three entities you have
chosen and (3) assess the effectiveness of the approaches/ strategies currently being deployed.
Paper 3- Design a Human Rights Campaign Paper (Due Dec. 3, last day of class.)
In a eight to ten page paper, students are to design their own human rights campaign addressing
the human rights issue they have selected. In the paper they are to lay out a viable approach/ set
of strategies to address the human rights issue in question and explain through clear analysis why
their approach would be more effective or an improvement on what is already being undertaken
by other groups and how it would address the unique challenges posed.
Alternatives to Paper 3:
Students may choose to produce an advocacy tool to be used in a campaign rather instead of the
original Part 3 assignment. Student may for example, choose to produce an advocacy video or
photo exhibit or other create production approved by the instructor. In the case of this option,
students are still expected to submit a two to three page paper laying the appropriate context for
the advocacy tool produced.
Grades for your papers will be based on the following criteria:
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Demonstration of quality research, including significant consultation of academic
literature and library resources.
The extent to which the paper is focused and clearly answers the question posed.
Quality of analysis. This includes your ability to link your writing to course concepts and
display creativity and critical thought in your treatment of the topic.
Proper grammar, punctuation, good word choice and sentence construction. This will
usually mean allowing enough time to edit your paper and investing time and effort on
not only the content of your paper, but the writing as well.
Organization of your paper. The paper has an appropriate length introduction and
conclusion. Ideas are organized into appropriate length paragraphs. There is a logical
order to the way paragraphs are organized.
Proper citation. The MLA citation system is recommended. Make sure you are citing any
ideas you are taking from other sources, even if you are using your own words in
presenting them. Students who are not clear about proper citation should seek assistance.
Note: Students who would like to work with partners or groups no larger than four people for all
three parts of the case study may discuss the possibility of doing so with the instructor.
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REQUIRED BOOKS:
Murat Kurnaz, Five Years of My Life (Palgrave McMillan, 2009)
Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, and David Harris eds., International
Human Rights Law (Oxford Univ. Press, 2010)
Shadi Mokhtari, After Abu Ghraib: Exploring Human Rights in America and the Middle East
(Cambridge UP, 2009, 2011).
COURSE READINGS:
I frequently change reading assignments based on student feedback and other considerations.
Students should check blackboard announcements for changes regularly.
PLEASE NOTE: Links to all international human rights treaties covered in class can be found at
http://www1.umn.edu/humanrts/instree/ainstls1.htm
Aug 27 (Session 1)
Overview of course and class introductions
Sept 3 (Session 2)
The Human Rights Idea, Origins and Foundations
Readings:
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Int’l HR Law Text pp. 3-60.
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Marie Benedicte Dembour, “What are Human Rights: Four Schools of Thought” Human
Rights Quarterly (2010) pp 1-8 only.
Optional
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Paul Gordon Lauren, “My Brothers and Sister’s Keeper: Visions and the Birth of Human
Rights” in The Evolution of International Human Rights: Visions Seen (2003) pp. 4-28.
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Global Snapshots from Steiner, Alston and Goodman Eds., International Human Rights
in Context, Law, Politics, Morals (2007), pp 3-17.
Questions to Consider:
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1. Where do human rights come from?
2. How do we know they exist?
3. How can we claim something is a human right today that was not recognized as a human
right in the past?
Sept 10 (Session 3)
Contemporary Challenges to Human Rights (Cultural Relativism, Global Power Dynamics,
Asian Values, and Duties as an alternative/ compliment to Human Rights).
Readings:
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Int’l HR Law Text pp. 64-100
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Except from Makau Mutua, “Savages, Victims, and Saviors: The Metaphor of Human
Rights” Harvard International Law Journal (2001) pp. 201-209
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David Kennedy, Chapter 1, “The International Human Rights Project: Part of the
Problem” in The Dark Side of Virtue (Princeton UP, 2004) pp. 3-37, available at
http://press.princeton.edu/chapters/s7711.html
Optional:
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Abdullahi An-Naim, "Introduction: "Area Expressions" and the Universality of Human
Rights: Mediating a Contingent Relationship", in David P. Forsythe and Patrice C.
MacMahon, editors Human Rights and Diversity: Area Studies Revisited, (2003), pp. 121, available at http://www.law.emory.edu/aannaim/pdfiles/area.pdf
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Excerpt on Duty-based Social Orders from Steiner, Alston and Goodman Eds.,
International Human Rights in Context, Law, Politics, Morals (2007), pp. 496-503.
Questions to Consider:
1. What are the key criticisms of the human rights project?
2. Which do you think have merit and which would you dismiss?
3. Can you of viable ways the human rights project can be improved to adequately address
one or more of the challenges posed?
4. Do any of the challenges posed strike you as fatal?
Sept 17 (Session 4)
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How Do Human Rights Come to Matter? Human Rights Advocacy and Methods.
Readings:
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Chapter 1, “Introduction” in Kathryn Sikkink, Thomas Risse and Thomas Ropp, The
Power of Human Rights (Cambridge, 1999).
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Chapters 1 and 2, in Kathryn Sikkink, Thomas Risse and Thomas Ropp, The Persistent
Power of Human Rights (Cambridge 20013).
Note: when you encounter redundant material, skim through it and move on.
Optional
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Shareen Hartel, “Child Labor, Child Rights and Transnational Advocacy” in Unexpected
Power (Cornell UP, 2006).
Sept 24 (Session 5)
Human Rights in the Post-9/11 Era
Reading:
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Shadi Mokhtari, After Abu Ghraib: Exploring Human Rights in America and the Middle
East(Cambridge 2009)
Questions to Consider:
1. What was the impact of Post-September 11th era on the human rights project?
2. What are key contradictions of how human rights come to be invoked during the era?
3. Does the Middle Eastern treatment of human rights during the post-9/11 era serve as a
precursor to recent developments in the region? How so?
Oct 1 (Session 6)
Human Rights in the Post-September 11th Era Cont’d, The Victim’s Account, and (the Renewed
Contestation of) International Civil and Political Rights
Readings:
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Murat Kurnaz, Five Years of My Life (Palgrave McMillan, 2009)
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Optional
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Int’l HR Law Text, pp. 173-231.
Questions to Consider:
1. What lessons for the human rights project does Murat Kurnaz’ story hold?
2. What are the dominant views, policies and politics that facilitated Murat Kurnz’ tragic
experience that persist today.
3. What is different (in ways that may be good or bad) about reading a victim’s account?
Oct 8 (Session 7)
Women’s Rights as Human Rights
Readings:
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Charlotte Bunch, “Women’s Rights as Human Rights: Towards a Re-Vision of Human
Rights” Human Rights Quarterly (1990) pp. 486-498.
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Int’l HR Text, pp. 345-363.
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Sally Engle Merry and Jessica Shimmin, Chapter 6, “The Curious Resistance to Seeing
Domestic Violence as a Human Rights Violation in the United States,” in Hertel, Shareen
and Kathryn Libal, Human Rights in the United States: Beyond Exceptionalism (New
York: Cambridge University Press, 2011) pp. 113-131.
Optional:
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Eva Burns, “Protecting the Rights of Women” in Human Rights in the World Community,
edited by Richard Pierre Claud and Burns Weston (2006) pp 120-133.
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Andrea Bertone. “Trafficking for Sexual Exploitation” pp. 201-218. In: Michael
Goodhart. Human Rights: Politics & Practice. Oxford: Oxford University Press. (2009)
Questions to Consider:
1. What was the primary charge made by feminists and women’s rights advocates like
Charlotte Bunch against the human rights project in the 1990s?
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2. To what extent is this critique still relevant today?
3. Are women’s rights an area in which we should be focusing primarily on human
rights law from above or education and consciousness-raising from below?
***Case Study Paper One Due
Oct 15 (Session 8)
Social and Economic Rights/ Right to Development/ and Corporate Responsibility for Human
Rights Violations
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Int’l HR Law, pp 233-256, 280-302 and 602-621.
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Excerpt on Social, Economic and Cultural Rights from Steiner, Alston and Goodman
Eds., International Human Rights in Context, Law, Politics, Morals (2007), pp. 263-268,
273-279 and 321-346.
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Roth, Kenneth, "Defending Economic, Social and Cultural Rights: Practical Issues Faced
by an International Human Rights Organization, 26 Human Rights Quarterly (2004), 63.
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Rubenstein, Leonard "How International Human Rights Organizations Can Advance
Economic, Social and Cultural Rights: A Response to Kenneth Roth", Human Rights
Quarterly, Vol. 26, No. 4 (2004)
Optional:
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Cathy Albisa, Chapter 4, “Drawing Lines in the Sand: Building Economic and Social
Rights Norms in the United States,” in Hertel, Shareen and Kathryn Libal, Human Rights
in the United States: Beyond Exceptionalism (New York: Cambridge University Press,
2011) pp. 68-88
Questions to Consider:
1. Is the treatment of social and economic rights as less tangible and immediate “rights”
than civil and political rights justifiable?
2. Which stance do you find most compelling in the Roth-Bernstein debate?
Oct. 22 (Session 9)
Human Rights from Above: The UN and the International Human Rights Regime
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Julie Mertus, “A Guide to the New UN Human Rights Practice”, The United Nations and
Human Rights: A Guide for a New Era, Second Edition (Routlegde, 2009)
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Int’l HR Text, pp 391- 432.
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James Traub “UN Human Rights Council Condemns Actual Human Rights Abusers”
Foreign Policy (June 1, 2012) available at
http://www.foreignpolicy.com/articles/2012/06/01/not_just_for_israel_anymore
Questions to Consider:
1. Which parts of the UN human rights regime are most effective?
2. How can the UN human rights regime be improved?
Oct 29 (Session 10)
Regional Human Rights Regimes
Readings:
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Int’l HR Text, pp. 433-497
Select cases from the regional courts/ commissions: pp. 968-978, 1049-1057, and 10741081 from International Human Rights in Context. Steiner, Alston and Goodman eds.
(2007)
Questions to Consider:
1. Why have regional human rights regimes?
2. Why have some regions been more successful than others? Is it just a matter of time for
those that lag behind or is there something more?
***Class Visit to the Inter-American Human Rights Commission. You may have to add
some travel time before or after our regular class time. You are being given ample notice of
this. Please ensure your schedules will allow for you to attend.
***Case Study Paper One Due
Nov 5 (Session 11)
Genocide, Humanitarian Intervention and R2P
Readings:
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Int’l HR Text pp. 540-552.
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Diane Orentlicher, “Genocide”, and Richard Falk, “Humanitarian Intervention:
Imperatives and Problematics”. In: R. Claude and B. Weston, Human Rights in the World
Community. Philadelphia: University of Pennsylvania Press. (2006)
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Aidan Hehir, “Introduction” in Libya, the Responsibility to Protect and the Future of
Humanitarian Intervention (Palgrave McMillan, 2013).
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Kenneth Roth, “War in Iraq: Not A Humanitarian Intervention” Human Rights Watch
(2004), available at http://www.hrw.org/legacy/wr2k4/3.htm
Questions to Consider:
1. What makes humanitarian interventions so controversial?
2. What can make a humanitarian intervention more legitimate in your view (beyond what
is mentioned by Ken Roth)?
Nov 12 (Session 12)
Transitional Justice: Dealing with Human Rights Abusers and Legacies of Human Rights Abuse
Readings:
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Int’l HR Text pp. 552-556.
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Chapters 1 and 4 in Kathryn Sikkink, The Justice Cascade (W.W. Norton, 2011).
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Chapters 4 in Martha Minow, Between Vengence and Forgiveness (Beacon Press, 1998)
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Richard Wilson, “Technologies of Truth: The TRC Truth-Making Machine,” The Politics
of Truth and Reconciliation in South Africa (Cambridge, 2001) pp. 33-61.
Questions for Consideration:
1. What are the tradeoffs involved in societies choosing to take a prosecution versus a
restorative justice approach to legacies of human rights violations, and vice versa?
2. What are some flaws or criticism of truth commissions that you find have merit?
Nov 19 (Session 13)
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American Treatment of Int’l Human Rights
Readings:
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Dorothy Q. Thomas, “Against American Supremacy,” in Bringing Human Rights Home
(vol.1) 1-24.
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Introduction in Michael Ignatief, American Exceptionalism and Human Rights (Princeton
University Press, 2003).
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Browse through the following links.
Office of the High Commissioner of Human Rights. Basic Facts about the UPR.
http://www.ohchr.org/EN/HRBodies/UPR/Pages/BasicFacts.aspx The US’s UPR took
place on November 5, 2010. For the U.S.’s national report, see
http://lib.ohchr.org/HRBodies/UPR/Documents/session9/US/A_HRC_WG.6_9_USA_1_
United%20States-eng.pdf. For a compilation of NGO submissions, see
http://lib.ohchr.org/HRBodies/UPR/Documents/session9/US/A_HRC_WG.6_9_USA_1_
United%20States-eng.pdf. For the Human Rights Council Working Groups report, see
http://daccess-ddsny.un.org/doc/UNDOC/GEN/G11/100/69/PDF/G1110069.pdf?OpenElement NOTE: Just
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Browse China’s Report Assessing US Human Rights Compliance in 2011 at
http://news.xinhuanet.com/english/china/2012-05/25/c_131611554.htm
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Yeo, Andrew, Alleviating Misery: The Politics of North Korean Human Rights in U.S.
Foreign Policy (August 16, 2011). APSA 2011 Annual Meeting Paper. Available at
SSRN: http://ssrn.com/abstract=1901906 (Note: Skip over parts you may find repetitive).
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John Dietrich and Caitlin Witcowski, “Obama’s Foreign Policy: Déjà Vu with a Twist”
Human Rights Review (September 24, 2011).
Questions to Consider:
1. What are the different ways the United States interacts with (e.g. strengthens, weakens
etc) the human rights paradigm?
2. What are the possible reasons for American exceptionalism outlined by Ignatief? Do you
agree or disagree? Can you think of others?
3. Despite all of the contradictions of US treatment of human rights, is it better to have the
United States “champion” human rights (albeit sometimes in problematic ways) or to
have the United States shed its “human rights champion” identity and politics altogether?
Human Rights
Nov 26: NO CLASS
Dec 3 (Session 14)
Course Wrap-up
***Case Study Paper Three (or Alternative) Due
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