RghtsofDisadv&Vulnrbl Grps (LAW-989-001)
Rosenthal, Ferris
Meets: 02:30 PM - 04:20 PM (MTWThF) - Room 402
Enrolled: 6 / Limit: 20
Notices
5/26/15 - 6/12/15
Description
The first half of this course will focus on the protection of one particularly vulnerable group, internally displaced persons (IDP's) -- those forcibly uprooted within their own countries by conflict, human rights violations, natural disasters and other causes. It will look at how this particular group came onto the international agenda in the 1990s and the relationship of this group to refugees. It will examine the conceptual framework developed for IDP's (sovereignty as responsibility); the definition of an IDP; the emerging legal framework -- the Guiding Principles on Internal Displacement and the Kampala Convention in Africa;laws and policies adopted at the national level for IDP's; regional court and organizational rulings; and the meaning of lasting solutions for IDP's. The role of the international community in addressing internal displacement will be examined, including the concept of protection and the international responsibility to protect (R2P), and how international and national responsibilities can intersect to resolve displacement and promote peace, security and development within societies. The second half will examine the rights of another vulnerable group: children and adults with disabilities. The class will focus especially on the concerns of 10 million children detained in orphanages worldwide as well as an even larger number of adults with disabilities in psychiatric facilities, social care homes and other closed facilities. The course will examine the UN Convention on the Rights of People with Disabilities (CRPD) and the way disability rights and human rights activists have used this new international human rights convention to address abuses against institutionalized children and adults. Topics to be included will be: (1) drafting of the CRPD and the new anti-discrimination framework; (2) segregation of people with disabilities worldwide and the right to full participation in society (3) protections against torture in healthcare settings (4) the right to legal capacity for people with mental disabilities (5) obligations of international donors and the need establish inclusive international development programs, and (6) trafficking, gender-based violence, and the reproductive rights of women with disabilities. In addition to examining new legal protections under the CRPD, the class will examine the use of international oversight bodies, media, public education, policy-advocacy and community organizing to promote rights enforcement.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Most reading materials will be provided through MyWCL. However, the main textbook for the second half of the course will be Arlene Kanter, “The Development and Adoption of the United Nations Convention on the Rights of People with Disabilities,” The Development of Disability Rights Under International Law (2015).
First Class Readings
As helpful background for the class, students are encouraged to read Joseph P. Shapiro, No Pity: People with Disabilities Forging a New Civil Rights Movement (1993). Reports and publications by Disability Rights International are available on the web at www.DRIadvocacy.org