Fundamental human rights law

  

Date Posted: 2/25/2012 1:00:32 PM

Posted By: Suter junior  Membership Level: Gold  Total Points: 1218


Objectives.
1. To appreciate basic human right concepts and principles
2. To relate to the global (UN) as well as regional human rights systems
3. To comprehend the content and history of international bill of rights.
4. To recognise the various mechanisms for monitoring human rights compliance.
5. To appreciate the application of international norms in African states and especially Kenya.
6. To understand the salient features of the need bill of rights
7. To appreciate the struggle for human rights in Kenya.

MAIN REFERENCE TEXT BOOKS.
1. J Reman international human rights : the practical approach. (2003)
2. F Viljoen International human rights law in Africa.
3. M Mbondekenyi 'the bill of rights ' in PLO Lumumba et al the constitution of keys : contemporary readings (2010)

INTRODUCTION TO BASIC CONCEPTS.
1. DEFINITION AND CHARACTER OF HUMAN RIGHTS
2. human rights just cogent and obligations era omnes
3. Generation and nature of human rights.
4 interdependence of human rights.
Case study
1. Review of heyns struggle approach to human rights.
2. Action : American declaration of independence.

BASIC HUMAN RIGHTS STANDARDS.
1. Universal declaration of human rights
2. International covenant on civil and political rights.
3. International covenant on economic social and cultural rights.

Case study
1 universal declaration of human rights
2. international covenant on civil and political rights.
3 review government reports before the committee on economic, social and cultural rights.

INTRODUCTION TO THE PROTECTION OF SPECIAL HUMAN RIGHTS GROUP
1. The minorities
2. Indigenous people
3. Rights of women
4. Right of migrant workers
5. Rights of persons with disability.

Case study.
The best interest principle in perspective.

INTRODUCTION TO REGIONAL PROTECTION OF HUMAN RIGHTS : AFRICAN HUMAN RIGHTS SYSTEMS.
1. African charter on human and peoples rights
2. Substantive rights in charter
3. The African commission
4. African court of human rights.

Case study
African charter on human and peoples rights.
Review.
1. Ouko vs Kenya (2000) AHRLR 135 (ACHPR 2000)
2. prince vs south Africa
3 social and economic rights action center and another vs Nigeria
4. Decision on communication submitted by institute for human rights and development in Africa and open society initiative ( on behalf of children of nubian decent in Kenya ) against the government of Kenya.

Kenyas nje bill of rights in respective.
1. Domesticated of international norms.
2 a critical appreciation of history
3. Salient features of the new bill of rights
4 application of the bill of rights.
5. Implementation of the bill of rights.
6. Enforcement of rights.
7. Limitation of rights.
8. Specific application of rights.
9 rights and emergency.

Case stays
1. FIDA - K AND 5 OTHERS V ATTORNEY GENERAL AND ANOTHER.
2 Monica jesang v Jackson chepkwopny and another.
3. Lesbian and gay equally project and 18 others v minister for home affairs and another.

Discourse 1. Are national values enforceable ?
Discourse 2. Are socio economic rights realizable under municipal constitutions ?
Discourse 3. The death penal debate in Kenya.

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