School of Law and Governance
LAW 552 Human Rights Law and Practice L T P C
Version1.1 Date of Approval 4 0 0 4
Pre-requisites/Exposure Public International Law
Co-requisites Constitutional Law
Semester X
Programme B.A.LL.B.(H.) & B.Sc.LL.B.(H.)
1. Course Description
The Syllabus deals with developing the concept of Human Rights. How the traditional human rights
began from civil and political rights and later moved to economic, social and cultural rights. The
concept of human rights has totally changed and now the solidarity rights or the third generation
rights are more prevalent. The different diverse perspectives and justificatory theories of Human
Rights have been studied in the syllabus also. The implementation of these Human Rights by different
given mechanisms will be covered, with their relation and effect on many Vulnerable Groups of the
society like women, disabled, juveniles, etc. The Course will cover the importance of Human Rights in
India and their relation to the International Human Rights.
2. Course Objectives
• To create an understanding among the students about the basic criteria to determine
human rights, how they can be identified and how they are protected?
• To clear all misconceptions and to enable the students to identify correctly what are
human rights.
• To learn the identification process of rights so that the students can have an independent
analysis of each right and whether that right is a human right or not.
• To introduce Humanitarian Law among students and make them learn what is IHL,
whom does it protect and how does it protect?
3. Course Outcomes
After completion of this paper student will be in a position;
• To appreciate the role of Human Rights Law in the society
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• To understand the importance of Human Rights law on the Regional, National &
International Level.
• To understand why certain norms are created when there is no mechanism prevalent,
but later how these norms take the form of Rights for all law backgrounds around the
world.
• To figure out the forums and procedures of law in case of any Human Rights Law
violations.
4. Pedagogy
A various learning methods will be used which will emphasize a cooperative learning format.
Student led discussions and presentations will be combined with instructor facilitated
experiences and lectures. Specific methods include:
• Class Room Discussion
• Lecture Method
• Presentations
• Case Studies
• Projects
• Court Room Exercise
• Problem method
5. Evaluation Scheme:
Sl. Components Weightage
No. (Max. Marks)
1 Continuous Assessment 30
2 Attendance 5
3 Midterm Exam 15
4 Semester End Examination 50
5 Total 100
6. Text Books
Dr. H.O. Aggarwal, International Law & Human Rights, Central Law Publications
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Reference Books
• Rhona K. M. Smith, Texts & Materials on International Human Rights (Cavendish)
• Henry J Steiner, Philip Alston, International Human Rights in Context: Law Politics
Morals (Oxford) p. 925 – 1062
• Asish Kumar Das, Prasant Kumar Mohanty, Human Rights in India, (Sarup & Sons)
pp. 174 – 206
• V. Vijaykumar, The Working of National Human Rights Commission: A Perspective
in C. J. Nirmal (eds) Human Rights in India: Historical, Social and Political
Prespectives (Oxford India) pp. 212-234
7. Course Content
Unit 1 Human Rights
1.1 Human Rights: Concept, Basis and Evolution
1.2 Traditional Human Rights
1.2.1 Civil and Political Rights
1.2.2 Economic, Social and Cultural Rights
1.3 Third Generation Human Rights (Solidarity Rights)
1.4 Implementation of Human Rights at International & National Level
1.5 Human Rights Council
1.6 European Convention on Human Rights
1.7 Protection of Human Rights in India
1.8 Vishaka v State of Rajasthan AIR 1997 SC 3011
1.9 Gaurav Jain v Union of India & Ors., AIR 1997 SC 3021
Unit 2 Jurisprudence of Human Rights
2.1Significance of Human Rights
2.2Problems in Conceptualization of Human Rights
2.3 Diverse Perspectives
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2.3.1 Jurisprudential Perspective
2.3.1 International Perspective
2.3.2 Domestic Perspective
2.4 Justificatory Theories: Process of shaping concept springs from different sources
2.4.1 Theology
2.4.2 Natural Law
2.4.3 Positivism
2.4.4 Marxism
2.4.5 Sociological Process
Suggested Reading:
David P. Forsythe (eds) Encyclopedia of Human Rights (Oxford) Vol 4 p. 228
Michael Goodhart, Human Rights: Politics & Practice (Oxford) p. 11 – 42
Dr. Sreenivasulu N. S., Human Rights: Many sides to a Coin (Regal) p. 3-20
Unit 3 Implementation Mechanism
3.1 International Mechanism
3.2 Regional Mechanism
3.3 National Mechanism
Suggested Readings:
Henry J Steiner, Philip Alston, International Human Rights in Context: Law Politics Morals (Oxford)
p. 746-918
Rhona K. M. Smith, Texts & Materials on International Human Rights (Cavendish) p. 95 –171
Henry J Steiner, Philip Alston, International Human Rights in Context: Law Politics Morals (Oxford)
p. 925 – 1062
Rhona K. M. Smith, Texts & Materials on International Human Rights (Cavendish) p. 227-256
School of Law and Governance
Unit 4 Domestic Governance of Human Rights in India: 1993 Legislation
4.1 Constitution of Commission at Central and State Level
4.2 Jurisdiction of Commission
4.3 Powers and Duties of the Commission
Asish Kumar Das, Prasant Kumar Mohanty, Human Rights in India, (Sarup & Sons) pp. 174 – 206
V. Vijaykumar, The Working of National Human Rights Commission: A Perspective in C. J. Nirmal
(eds) Human Rights in India: Historical, Social and Political Prespectives (Oxford India) pp. 212-234
Unit 5 Vulnerable Groups and Human Rights
5.1 Women & Child
5.2 Migrant Workers
5.3 Refugee Workers
5.4 Internally Displaced Persons
5.5 Stateless Persons
5.6 Disabled Persons
5.7 Indigenous People
5.8 People belonging to National, Ethnic, and Religious Minorities.
Unit 6 International Humanitarian Law
6.1 Application of Humanitarian Law
6.2 Historical Development of Humanitarian Law
6.3 Character of Humanitarian Law
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