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Pols 293 Special Topics: The Theory and Practice of Human Rights
Fall 2012 Tuesdays and Thursdays, 17.00-18.15
Padre Rubio Hall, Room 7
Thurs 1st
September Weds 14th
December
Instructor:Juan J. Garca Blesa, PhD ([email protected])
Office hours: Tuesdays and Thursdays, 18.15-19.15
Loyola Hall, First Floor
Prerequisite (IR majors - Madrid Campus): POLS-160 Introduction to International Politics
Introduction:
Welcome to the Theory and Practice of Human Rights. In this course, we are going to
critically examine what writer Micheline Ishay (2004, p. 2) calls humankinds noblest
aspirations universal human rights. To do so, we will examine: from when and where
human rights have emerged; the theory and philosophy that underpins human rights; the full
extent of human rights in the present; the documents, treaties, agreements and institutions on
which the they are based; and crucially, how (and if) human rights are employed in practice.When looking in detail at all of these areas, we will also be touching on some of the key
controversies that surround human rights and their application. This in-depth approach is
intended to equip you with a full and detailed understanding of both the theory and practice
of universal human rights.
Course aims and learning outcomes:
The aims of the course are:
1. To provide a broad overview of the development of international human rightspolitics before and since the signing of the 1948 Universal Declaration of Human
Rights;
2. To examine the ideas, theories, and practical implications of human rights in a rapidlyglobalising world;
3. To investigate the politics of human rights through global issues and country-basedcase studies;
4. To analyse the problems of compliance in international human rights regimes;
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After completing the course the student should be able to:
1. Critically evaluate theories of universal human rights and cultural relativism;2. Analyse the problems involved in asserting universal human rights across political
and cultural divides
3. Analyse the political development of human rights through comparative study;4. Evaluate the effectiveness of emerging global human rights regimes.
Arts & Sciences Grading Scale can be accessed at: http://www.slu.edu/x6352.xml
Grade Points: Grade Components: Course Credits: 3
A 4.0 93%-100% 25% Mid-Term Exam
A- 3.7 90%-92% 25% Paper
B+ 3.3 87%-89% 30% Final Exam
B 3.0 83%-86% 20% Class Participation
B- 2.7 80%-82%C+ 2.3 73%-79%
C 2.0 67%-72%
C- 1.7 60%-66%
D 1.0 50%-59%
F 0.0 0-49%
Requirements: Students should complete the readings before the date for which they are
listed in the course outline. Students will be graded on the basis of class participation, mid-
term exams and a final paper.
Last Day to Drop a Class Without a Grade of W and/or to Add a Class: Tue., 14th September
Last Day to Choose Audit (AU) or Pass/No Pass (P/NP) Options: Wed., 29th
September
Last Day to Drop a Class and Receive a Grade of W: Fri., 29th
October
Important DatesSept. 17 Last day to drop a class without a grade of W or to add a classOct. 4 Last day to choose audit (AU) or pass/no pass (P/NP) optionsOct. 15 - Last day to submit transfer application for spring semesterNov. 2 Last day to drop a class and receive a grade of W
Nov. 7 Registration for spring semesters open
Accommodation Statement
In recognition that people learn in a variety of ways and that learning is influenced bymultiple factors (e.g., prior experience, study skills, learning disability), resources to supportstudent success are available on campus. Students who think they might benefit from theseresources can find out more about:
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Course-level support (e.g., faculty member, departmental resources, etc.) by askingyour course instructor.
University-level support (e.g., tutoring/writing services, Disability Services) byvisiting the Academic Dean's Office (San Ignacio Hall) or by going tohttp://spain.slu.edu/academics/learning_resources.html.
Students who believe that, due to a disability, they could benefit from academicaccommodations are encouraged to contact Disability Services at +34 915 54 58 58, ext. 204,send an e-mail to [email protected], or to visit the Counseling Office (SanIgnacio Hall). Confidentiality will be observed in all inquiries. Course instructors supportstudent accommodation requests when an approved letter from Disability Services has beenreceived and when students discuss these accommodations with the instructor after receiptof the approved letter.
Academic Honesty and Plagiarism
The University is a community of learning, whose effectiveness requires an environment ofmutual trust and integrity, such as would be expected at a Jesuit, Catholic institution. Asmembers of this community, students, faculty, and staff members share the responsibility tomaintain this environment. Academic dishonesty violates it. Although not all forms ofacademic dishonesty can be listed here, it can be said in general that soliciting, receiving, orproviding any unauthorized assistance in the completion of any work submitted towardacademic credit is dishonest. It not only violates the mutual trust necessary between facultyand students but also undermines the validity of the Universitys evaluation of students andtakes unfair advantage of fellow students. Further, it is the responsibility of any student whoobserves such dishonest conduct to call it to the attention of a faculty member oradministrator.
Examples of academic dishonesty would be copying from another student, copyingfrom a book or class notes during a closed-book exam, submitting materials authored by oreditorially revised by another person but presented as the students own work, copying apassage or text directly from a published source without appropriately citing or recognizingthat source, taking a test or doing an assignment or other academic work for anotherstudent, tampering with another students work, securing or supplying in advance a copy ofan examination without the knowledge or consent of the instructor, and colluding withanother student or students to engage in an act of academic dishonesty.
Where there is clear indication of such dishonesty, a faculty member or administrator hasthe responsibility to apply appropriate sanctions. Investigations of violations will beconducted in accord with standards and procedures of the school or college through which
the course or research is offered. Recommendations of sanctions to be imposed will be madeto the dean of the school or college in which the student is enrolled. Possible sanctions for aviolation of academic integrity include, but are not limited to, disciplinary probation,suspension, and dismissal from the University. The complete SLU Academic Honesty Policycan be found at the following link:http://spain.slu.edu/academics/academic_advising/docs/Academic_integrity.pdf
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Classroom Philosophy
You are required to attend each class session prepared to participate and think critically during lectureand discussion sessions. I trust you will be able to sustain a mutually respectful classroom atmosphere
by treating all classmates as equals.
All required assignments are to be submitted on time (daily drop of 5% in grade).
You are expected to read up on issues covered during class in the course book.
Essays that are handed in late will be marked down by 5% a day. With regard to matters pertaining to
academic honesty and plagiarism, you are reminded that cheating is a deplorable behaviour, whichleads to an F grade and possible expulsion from the University.
Tardiness is at best a rude disruption to your fellow classmates who are punctual, and except for
legitimate reasons (doctors letter certifying illness for example), you are expected to attend all class
session. Lateness and absence (more than 3 times) will be reflected in your final overall course grades
(dropping 10% for every three absences).
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The Theory and Practice of Human RightsFall 2012 Tuesdays and Thursdays, 17:00-18:15
Padre Rubio Hall, Room 7
COURSE SCHEDULE
Course Books:
Callaway, RL and Harrelson-Stephens, J (2007),Exploring International Human Rights:
Essential Readings, Colorado, Lynne Rienner
Course Reader available in the book shop
Course Timetable:
Tuesday 4 September
General IntroductionHanding out the course description/syllabus/course reader
Thursday 6 September
Introduction to Course
Reading: Ishay, pp. 1-14/ Freeman, pp. 1-13
PART I THE ORIGINS AND DEVELOPMENT OF HUMAN RIGHTS
Tuesday 11 September
The Historical Development of Human Rights - Part 1: From the Ancient Period to the
Enlightenment
Reading: Ishay, pp. 15-27/Freeman, pp. 14-31/Callaway and Harrelson-Stephens, pp. 21-23
Thursday 13 September
The Historical Development of Human Rights - Part 2: From the Enlightenment to
IndustrialisationReading: Ishay, pp. 63-83
Tuesday 18 September
The Historical Development of Human Rights - Part 3: From Industrialisation to 1945Reading: Ishay, pp. 117-144
Thursday 20 September
The Basis for Humankinds Noblest Aspirations: The Universal Declaration of Human
RightsReading: Freeman, pp. 32-54/Ishay, pp. 199-229/Callaway and Harrelson-Stephens, pp. 69-
98
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Tuesday 25 September
The Basis for Humankinds Noblest Aspirations: the Two Covenants and the 6 Core
TreatiesReading: Callaway and Harrelson-Stephens, pp. 1-20
PART II CONTROVERSIES/KEY CHALLENGES
Thursday 27 September
What are Rights? Are Rights Achievable? Part 1Reading: Freeman, pp. 55-75/ Callaway and Harrelson-Stephens, pp. 1-20
Tuesday 2 September
What are Rights? Are Rights Achievable? Part 2Reading: Freeman, pp. 55-75/ Callaway and Harrelson-Stephens, pp. 1-20
Thursday 4 OctoberUniversal for Whom? - Part 1: First and Second Generation Rights
Reading: Freeman pp. 42-48/Supplementary reading
Tuesday 9 October
Universal for Whom? - Part 2 The Problem of Cultural Relativism and Human
Rights/Mid-term exam revision
Reading: Freeman, pp. 101-130/ Callaway and Harrelson-Stephens, pp. 109-112
Thursday 11 October
Mid-term exam (grades are due to be entered into SLU database on 22nd
of October)
Tuesday 16 October
Cultural Relativism 1: Asian Values and Human RightsReading: Callaway and Harrelson-Stephens, pp. 112-121
Thursday 18 October
Cultural Relativism 2: Islam and Human RightsReading: Callaway and Harrelson-Stephens, pp. 122-131
Tuesday 23 October
Cultural Relativism 3: Africanist Perspectives and Human Rights
Reading: Callaway and Harrelson-Stephens, pp. 132-140
Thursday 25 October
Cultural Relativism Conclusion: Are Universal Human Rights Universal?Reading: Reading: Freeman, pp. 101-130/ Callaway and Harrelson-Stephens, pp. 109-112
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PART III HUMAN RIGHTS IN PRACTICE
Tuesday 30 October
Globalisation and Human Rights 1Reading: Callaway and Harrelson-Stephens, pp. 235-254
Thursday 1 November
Public Holiday (University Closed)
Tuesday 6 November
Globalisation and Human Rights 2Reading: Freeman, pp. 148-168
Thursday 8 November
Human Rights and World Poverty 1Reading: Handout
Tuesday 13 NovemberHuman Rights and World Poverty 2 PAPER PROPOSAL DEADLINE***Reading: Callaway and Harrelson-Stephens, pp. 265-270
Thursday 15 November
Human Rights and the War on Terror 1Reading: Callaway and Harrelson-Stephens, pp. 271-9
Tuesday 20 November
Human Rights and the War on Terror 2Reading: Callaway and Harrelson-Stephens, pp. 282-295
Thursday 22 November
Amnesty International and Human RightsReading: Handout
Tuesday 27 November
Amnesty International and Human RightsDocumentary film
Thursday 29 November
Rights and Humanity and the Human Rights Approach
Reading: Handout
Tuesday 4 December
Democracy, Rule of Law and Human Rights FINAL PAPER DEADLINE ***Reading: Handout
Thursday 6 December
Public Holiday (University Closed)
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Tuesday 11 December
Human Rights and the Global CitizenReading: Handout
Thursday 13 December
Humankinds Most Noble Aspirations? Concluding Comments
***Wednesday 18 December ***
Final Exam Session Returning graded papers
COURSE READING:
Course Books:
Callaway, RL and Harrelson-Stephens, J (2007),Exploring International Human Rights:
Essential Readings, Colorado, Lynne Rienner
Course Reader
ADDITIONAL READING LIST
Abouharb, MR & Cingranelli, D (2007),Human Rights and Structural Adjustments,
Cambridge, Cambridge University Press
Alston, P & Macdonald, E (2008),Human rights, Intervention and the Use of Force, Oxford,Oxford University Press
Alston, P, Goodman, R and Steiner, H (2007),Human Rights in Context: Law, Politics,
Morals, Oxford, OUP
Ashby-Wilson, R (2005),Human Rights in the War on Terror, Cambridge, Cambridge
University Press
Campbell, T, Goldsworthy, J and Stone, A (2003), Protecting Human Rights: Instruments
and Institutions, Oxford, Oxford University Press
Caney, S (2001)Human Rights and Global Diversity, Cass
Caney S (2006),Justice Beyond Borders: A Global Political Theory, Oxford, Oxford
University Press
Chomsky, N & Herman, E (1979), The Political Economy of Human Rights Vol.1: The
Washington Connection and Third World Fascism, Spokesman
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Chomsky, N & Herman, E (1979), The Political Economy of Human Rights Vol. 2: After the
Cataclysm: Postwar Indochina and the Reconstruction of Imperial Ideology , Spokesman
Fenwick, H (2002), Civil Liberties and Human Rights in England and Wales, Oxford, Oxford
University Press
Fleiner, T (1999), What are Human Rights? Blackstone
Freeman, M (2002)Human Rights: An Interdisciplinary Approach, Oxford, Polity
Hunt, L (2008),Inventing Human Rights: A History, New York, Norton
Ishay, MR (2008), The History of Human Rights: From Ancient Times to the Globalisation
Era, University of California Press, California.
Ishay, MR (2007), The Human Rights Reader: Major Political Essays, Speeches and
Documents From the Ancient Time to the Present, New York, Routledge
Jones, P (1994)Rights, London, Palgrave
Lacquer, W & Rubin, B (1979), The Human Rights Reader, Meridan
Pogge, T (2008), World Poverty and Human Rights: Cosmopolitanism Responsibilities and
Reforms, Cambridge, Blackwell
Rose, D (2004), Guantanamo: Americas War on Human Rights, London, Faber and Faber
Rosenbaum, AS (1980), The Philosophy of Human Rights: International Perspectives,
London, Aldwych
Weiss, TG (2004), Wars on Terrorism and Iraq: Human Rights, Unilateralism, and US
Foreign Policy, London, Routledge
Woodiwiss, A (2005),Human Rights, London, Routledge
EXTENSIVE HUMAN RIGHTS READING LIST
(The following titles may not be in the library at SLU Madrid but are listed here for those
students who want to take their human rights reading further).
Abouhard, MR (2007),Human Rights and Structural Adjustment, Cambridge, Cambridge
University Press
Addis, M and Marrow, P (eds) (2005), Your Rights: The liberty guide to Human Rights,
London, Pluto Press
Ackerly, b (2008), Universal Human Rights in a World of Difference, Cambridge, CUP
Addo, MK (2006),International Law of Human Rights, Aldershot, Ashgate
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Agamben, G (2005), State of Exception, Chicago, Chicago University Press
Aliston, P (1992), The United Nations and Human Rights: A Critical Appraisal, Oxford,
Clarendon Press
Alston, P (1995), Promoting Human Rights Through Bills of Rights: Comparative
Perspectives, Oxford, Oxford University Press
Alston, P (1999), The EU and Human Rights, London, Oxford University Press
Alston, P (2000), Peoples Rights, Oxford University Press
Alston, P, Goodman, R and Steiner, H (2007),Human Rights in Context: Law, Politics,
Morals, Oxford, OUP
Baxi, U (2002), The Future of Human Rights, Oxford, OUP
Beitz, C (2009), The Idea of Human Rights, Oxford, OUP
Boggio, A (2006), The Global Enforcement of Human Rights: The Unintended
Consequences of Transnational Litigation, The International Journal of Human Rights, Vol.
10, Issue 4, pp. 325 340
Borbor, D (2008), Irans Contribution to Human Rights, the Rights of Women, and the
Democracy,Iran and the Caucasus, Vol. 12, No. 1, pp. 101-121
Brems, E (2001),Human Rights: Universality and Diversity, Cambridge
Brems, E (2005) Conflicting Human Rights: An Exploration in the Context of the Right to a
Fair Trial in the European Convention for the Protection of Human Rights and Fundamental
Freedoms,Human Rights Quarterly, Vol. 27, pp. 294-326
Brown, C (1997), Universal Human Rights: A Critique, The International Human Rights
Journal, 1 (2), pp. 41-65
Brysk, A (2005),Human Rights and Private Wrongs: Constructing Global Civil Society,
London, Routledge
Cardenas, S (2005), Constructing Rights? Human Rights, Education and the State,
International Political Science Review, Vol. 26, pp. 363-379
Ci, J (2005), Taking the Reasons for Human Rights Seriously, Political Theory, Vol. 33,
No. 2, pp. 243-265
Claude, RP and Weston, BH (2006),Human Rights in the World Community: Issues and
Action, Pennsylvania, University of Pennsylvania Press
Clapham, A (2007),Human Rights: A Very Short Introduction, Oxford, Oxford University
Press.
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Clayton, T (2009), The Law of Human Rights: Volume 1, Oxford, Oxford University Press
Clayton, T (2009), The Law of Human Rights: Volume 1, Oxford, Oxford University Press
Cohen, S (2009), Human Rights and Crimes of The State, in Whyte, D, Crime of The
Powerful: A Reader
Colvin, M and Cooper, J (2009),Human Rights and the Investigation of and Prosecution of
Crime, London, Oxford University Press
Contessi, N (2009), The Liberal Project and Human Rights: The Theory and Practice of a
New World Order, Canadian Journal of Political Science, 42 (4), pp. 1058-1059
Cranston, M (1973), What Are Human Rights?, London
Crawshaw, R (2007),Human Rights and Policing, Leiden, Martinus Nijhoff
Cruft, R (2010), Are Property Rights Ever Basic Human Rights?, The British Journal of
Politics and International Relations, 12, pp. 142-154
Cruft, R (2010), Critical Studies Two Approaches to Human Rights, The Philosophical
Quarterly, 60 (238), pp. 176-182
Davies, P (1988)Human Rights, New York, Routledge
Davies, H (2003),Human Rights and Civil Liberties, Portland, Willan Publishing
Deshowitz, A (2004),Rights from Wrongs: A Secular Theory of the Origins of Rights, Basic
Books, New York
Donnelly, J (1982), Human rights and Human Dignity: An Analytical Critique of Non-Western Conceptions of Human Rights, The American Political Science Review, 76 (2), pp.
303-316
Donelly, J (2003), Universal Rights in Theory and Practice, USA, Cornell University Press
Dunne, T and Wheeler, J (1999),Human Rights in Global Politics, Cambridge, Cambridge
University Press
Duner, B (2001), Violence for Human Rights,International Journal of Human Rights, 5
(2), pp. 46-71
Engler, M (2000), Toward the Rights of the Poor: Human Rights in Liberation Theology,The Journal of Religious Ethics, vol. 28, iss. 3, pp. 339-365
Evans, T (2005), The Politics of Human Rights: A Global Perspective, (2nd
edn), London,
Routledge
Falk, R (2004), Human Rights, Foreign Policy, No. 141, pp. 18-28
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Fenwick, H and Phillipson, G (2006),Media Freedom under the Human Rights Act, Oxford,
OUP
Feyter, KD (2005),Human Rights: Social Justice in the Age of the Market, New York, Zed
Books
Follesdal, A (2009), The Legitimacy of International Human Rights Reviews: The Case ofthe European Court of Human Rights,Journal of Social Philosophy, 40 (4), pp. 459-307
Forsythe, D (2006),Human Rights in International Relations, UK, Cambridge University
Press
Foster, S (2008),Human Rights and Civil Liberties, London, Longman.
Fortin, J (2006), Accommodating Childrens Rights in a Post-Human Era,Modern Law
Review, vol. 69, iss. 3
Frank, TM (2001), Are Human Rights Universal?, Foreign Affairs, Vol. 80, No. 1, pp. 191-
204
Glendon, MA (2001),A World Made New: Eleanor Roosevelt and the Universal Declaration
Of Human Rights, U.S.A, Random House Trade Paperbacks
Gourevitch, A (2009), Are Human Rights Liberal?,Journal of Human Rights, 8 (4), pp.
301-322
Greer, s and Williams, A (2009), Human Rights in the Council of Europe: Towards
Individual, Constitutional, or Institutional Justice?,European Law Journal, 15 (4), pp. 462-
481.
Haas, M (2008),International Human Rights: A Comprehensive Introduction, London,
Routledge
Hoffman, D and Rowe, J (2009),Human Rights in the UK: An Introduction to the Human
Rights Act 1998, New York, Longman
Kalny, E (2009), Against Superciliousness: Revisiting the Debate 60 Years After the
Adoption of the Universal Declaration of Human Rights, Critique of Anthropology, 29 (4),
pp. 371-395
Kicza, JE (2008), The Europeanization of the World: On the Origins of Human Rights and
Democracy,Renaissance Quarterly, 61 (3), pp. 958-959
Kolstad, I (2009), Human Rights and Assigned Duties: Implications for Corporations,
Human Rights Review, 10 (4), pp. 308-326
Landman, T (2004), Measuring Human rights: Principle, Practice and Policy,Human
Rights Quartely, 26 (4) pp. 906-931
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Landman, T (2006), Studying Human Rights, Oxon, Routledge
Loveland, I (2009), Constitutional Law, Administrative Law, and Human Rights: A Critical
Introduction, Oxford, Oxford University Press
McCorquodale, R and Fairbrother, R (1999), Globalisation and Human Rights,Human
Rights Quarterly, 21 (3), pp. 735-66
McCrudden (2008), Human Dignity and Judicial Interpretation of Human Rights, The
European Journal of International Law, 19 (4), pp. 655-724
McFarland, S and Matthews, M (2005), Who cares about Human Rights?, Political
Psychology, Vol. 26, No 3, pp. 365-385
Meron, T (1986), On a Hierarchy of International Human Rights,American Journal of
International Law, Vol. 80
Meskell, L (2009), Talking of Human Rights: Histories, Heritages, and Human Remains,
Reviews in Anthropology, 38 (4), pp. 308-326
Morsink, J (1999), The Universal Declaration of Human Rights: Origins, Drafting, and
Intent, Pennsylvania, University of Pennsylvania Press
Nash, K (2009), Between Citizenship and Human Rights, Sociology, 43 (6), pp. 1067-1084
Neumayer, E (2005), Do International Human Rights Treaties Improve Respect for Human
Rights?, The Journal of Conflict Resolution, Vol. 49, No. 6, pp. 925-953
Nickel, JW (2007), Making Senseof Human Rights, Oxford, Blackwell Publishing.
OBrien, N (2008), Equality and Human Rights Foundations of a Common Culture,
Political Quarterly, vol. 79, iss. 1
Orend, B (2002),Human Rights: Concept and Context, New York, Broadview Press Ltd
Osler, A (2008), Citizenship and Education: Re-imagining a Cosmopolitan Nation,London
Review of Education, vol. 6, no. 1, pp. 11-15
Pagden, A (2003), Human Rights, Natural Rights, and Europe's Imperial Legacy, Political
Theory, Vol. 31, No. 2, pp. 171-199
Petley, J (2009), What Rights? Whose Responsibilities?, Soundings, 43, pp. 77-88
Pierce, G (2009), Make sure you say that you were treated properly,London Review of
Books, 31, (9).
Pogge, T (2000), The International Significance of Human Rights, The Journal of Ethics, 4
(1), pp. 45-69
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Relano, E (2010), Education, Pluralism, and Freedom Of Religion: Recent Decisions Of The
European Court Of Human Rights, The British Journal Of Religious Education, vol 32, no.
1, pp. 19-29
Richardson, G (2008), Coercion and Human Rights: A European Perspective,Journal of
Mental Health, Vol. 17, pp. 245-254
Rolston, B & Scraton, P (2005), In the Full Glare of English Politics: Ireland, inquiries and
the British State.,British Journal of Criminology, 45, pp. 547-564.
Schorlemer, S (2003), Human Rights: Substantive and Institutional Implications of the War
Againts Terror, The European Journal of International Law, 14 (2), pp. 265-282
Shute, S and Hurley, S (1994), On Human Rights, London, Basic Books
Smith, C (2004), Representing the enemy: human rights and the war on terror, Criminal
Justice Matters, 58, (1), pp. 44-47
Stone, R (2008), Text book on Civil Liberties and Human Rights, Oxford, Oxford University
Press
Twiss, SB (2004), History, Human Rights, and Globalization, The Journal of Religious
Ethics, Vol. 32, No. 1, pp. 39-70
Wadham, J (2009),Blackstones Guide to the Human Rights Act 1998, Oxford, OUP
Winston, M (2007), Human Rights as Moral Rebellion and Social Construction,Journal of
Human Rights, 6 (3) pp. 279-305
Woodiwis, A (2002), Human Rights and the Challenge of Cosmopolitanism, Theory,
Culture, and Society. 19 (1-2), p. 139-155
Xenos, D (2009), The Human Rights of the Vulnerable,International Journal of Human
Rights, 13 (4), pp. 591-614