Human Rights Law — Overview

humanrights microsite logoFor more detailed information about our work in this area, see also the dedicated Oxford Human Rights Hub website


Forthcoming Subject Events


June 2013

Oxford Human Rights Hub Seminar Series
Modernity and tradition in the South African Constitution: free speech, gender and association
Speaker: Justice Kate O'Regan, Former Justice of the South African Constitutional Court, Oxford visiting professor and honorary professor at the University of Cape Town
Oxford Law Faculty Law Board Room at 13:00

News

Brunsfield Foundation Scholarship Announcement

Students and graduates from the University of Oxford’s Master’s in International Human Rights Law engage in a range of human rights activities worldwide, including working in refugee camps, defending detainees in Guantanamo and at the International Criminal Court, designing a human rights-based curriculum for disabled primary school students in Uganda, as well as engaging in human rights work in Afghanistan's Helmand province and in Burma [more…]

Oxford and Harvard Academics to Discuss Gender Equality

The annual Oxford-Harvard Video Conference will be held on Thursday, 2 May from 2:30 to 5:30pm in the Law Faculty Cube [more…]

OPBP wins 2013 Attorney General LawWorks Student Pro Bono Award

Oxford Pro Bono Publico (OPBP) has won the 'Best Contribution by a Team of Students' award in the 2013 LawWorks and Attorney General Awards [more…]

Human Rights Blog Builds a Worldwide Community

The Oxford Human Rights Hub (OxHRH) Blog has fast become a leading source of human rights news and opinion.  Since its launch in July 2012, the blog has featured contributions from global leaders in human rights, including Helen Clark, former Prime Minister of New Zealand; Professor Sir Bob Hepple, Chair of the Equal Rights Trust; Clive Stafford Smith, Director of Reprieve, and Professor Frances Raday, leading human rights advocate and scholar.  It has developed a dedicated following, currently attracting over 8000 readers each month [more…]

Lecture by Helen Clark, Administrator of the United Nations Development Programme (UNDP) and former Prime Minister of New Zealand

In February 2013 the Oxford Martin Programme on Human Rights for Future Generations, in association with the Oxford Institute for Ethics, Law and Armed Conflict (ELAC), welcomed  Helen Clark to Merton College, Oxford for a seminar on the topic of  "Development and Conflict" [more…]

OPBP Shortlisted for National Pro Bono Award

The Oxford Pro Bono Publico (OPBP) student committee has been shortlisted for the 'Best Contribution by a Team of Students' award in the annual LawWorks and Attorney General Awards [more…]

Wadham Human Rights Forum: 'Hacking, Blagging and Bribing? The Press After Leveson' 25 Februrary, 5.30pm

Hugh Tomlinson QC, a leading media law silk and Chair of Hacked Off, is visiting Wadham to speak about the aftermath of the Levenson Inquiry. 

Mr Tomlinson is a noted specialist in media and information law including defamation, confidence, privacy and data protection [more…]

Oxford Pro Bono Submissions on the Reform of India's Sexual Violence Laws

photo of Sandra FredmanOn the invitation of the Justice Verma Committee investigating the reform of India's sexual violence laws, Professor Sandra Fredman, with the assistance of members of Oxford Pro Bono Publico, has made submissions urging law reform on five central issues: a) the framing of the issue in human rights terms; b) the removal of the exception for marital rape; c) the definition of rape; d) discrimination under Article 15 of the Indian Constitution; e) services to support victims of rape. The Justice Verma Committee was established on 21 December 2012 following the brutal gang rape of an Indian woman the previous week [more…]

Oxford Pro Bono Publico appoints new committee

The new Oxford Pro Bono Publico (OPBP) student committee for 2012/13 has been inducted [more…]

OPBP Celebrates National Pro Bono Week

In celebration of National Pro Bono Week, Oxford Pro Bono Publico (OPBP) hosted a sandwich lunch on Thursday, 8 November in the Law Faculty Senior Common Room [more…]

Professor Sandy Fredman, QC

photo of Sandra Fredman

The Oxford Law Faculty congratulates Professor Sandy Fredman who has been made Honorary Queen's Counsel [more…]

OPBP launches 2012 Internship Programme

OPBP is pleased to announce that applications for the 2012 Internship Programme are open [more…]

Publications

Showing five recent publications sorted by title  [change this]

Showing 5 of the most recent publications
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Show All 138 | Selected publications

S Fredman, 'A Comparative Study of Anti-Discrimination and Equality Laws of the US, Canada, South Africa and India' (Office for Official Publications of the European Communities 2012) [...]

DOI: 10.2838/82208

The aim of this study is to compare and contrast anti-discrimination and equality laws in the US, Canada, South Africa and India, with a view to inform future development of EU anti-discrimination laws. Comparative law is of great value, particularly in the equality field, where there is increasing cross-pollination across different jurisdictions. At the same time, comparative law carries with it important challenges, as the harmonising project of the EU has itself demonstrated. The four jurisdictions to be examined here share English as a common language as well as, in varying degrees, a common law heritage. However, there are significant differences in historical, socio-economic and political contexts as well as in legal institutions. The challenge is therefore to illuminate universalisableconceptions while at the same time recognising context specificity.


ISBN: ISBN 978-92-79-23769

N Ghanea and L Rahmani, 'A review of the 60th session of the commission on human rights' (2005) International Journal of Human Rights 125

N Ghanea and A Melchiorre, 'A Review of the 61st Session of the Commission on Human Rights' (2005) International Journal of Human Rights 507 [...]

DOI: 10.1080/13642980500350004

This report seeks to analyse the main highlights of this year's session of the United Nations Commission on Human Rights. The Commission was set up in 1947 and is the UN's principal human rights body. It is currently the subject of major reform proposals stemming primarily from the UN Secretary-General and agreed upon, in general terms by member states at the 14–16 September 2005 World Summit. The review below, focusing on the main country and thematic issues discussed at the March–April 2005 session, will be indicative of how badly and in what ways reform of the Commission on Human Rights is required.


ISBN: ISSN 1364-2987

S Douglas-Scott, 'Affirmative Action at the University of Michigan' (2003) King's College Law Journal

S Douglas-Scott, 'Affirmative action in the US Supreme Court ' [1997] Public Law

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

European Human Rights Law

The objective of the course is to provide a thorough grounding in the application of the European Convention on Human Rights. The primary aim is to introduce students to the substance of Convention rights and to their interpretation and enforcement, including the relevant jurisprudence of the European Court on Human Rights. This will include an analysis of general principles as well as broad themes arising from the interpretation and limits of several specific Convention rights (such as fair trial, protection of private life, and non-discrimination). Other European conventions and institutions will be referred to when relevant. By the end of the course, students will: have a sound understanding of the significance of human rights and civil liberties, and their theoretical dimensions, in Europe; be familiar with and able to apply the relevant provisions of the ECHR to practical problems concerning a range of the rights and liberties; have a knowledge and understanding of the European Human Rights system as a whole and the place of the Convention in that system; and have an understanding of the institutional procedural requirements for bringing human rights claims under the ECHR. Teaching will take place over Michaelmas and Hilary Terms, and will consist of a combination of lectures, seminars, classes and tutorials.

Diploma in Legal Studies

European Human Rights Law

The objective of the course is to provide a thorough grounding in the application of the European Convention on Human Rights. The primary aim is to introduce students to the substance of Convention rights and to their interpretation and enforcement, including the relevant jurisprudence of the European Court on Human Rights. This will include an analysis of general principles as well as broad themes arising from the interpretation and limits of several specific Convention rights (such as fair trial, protection of private life, and non-discrimination). Other European conventions and institutions will be referred to when relevant. By the end of the course, students will: have a sound understanding of the significance of human rights and civil liberties, and their theoretical dimensions, in Europe; be familiar with and able to apply the relevant provisions of the ECHR to practical problems concerning a range of the rights and liberties; have a knowledge and understanding of the European Human Rights system as a whole and the place of the Convention in that system; and have an understanding of the institutional procedural requirements for bringing human rights claims under the ECHR. Teaching will take place over Michaelmas and Hilary Terms, and will consist of a combination of lectures, seminars, classes and tutorials.

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

Comparative Equality Law

The right to equality is ubiquitous in human rights instruments in jurisdictions throughout the world. Yet the meaning of equality and non-discrimination are contested. Is equality formal or substantive, and if the latter, what does substantive equality entail? Which groups should be protected from discrimination and how do we decide? How do we capture conceptualisations of equality in legal terms and when should equality give way to other priorities, such as conflicting freedoms or cost? The aim of this course is examine these and other key issues through the prism of comparative law. Given the growing exchange of ideas across different jurisdictions, the comparative technique is a valuable analytic tool to illuminate this field. At the same time, the course pays attention to the importance of social, legal and historical context to the development of legal concepts and their impact.

The first half of the course approaches the subject thematically, while the second half of the course addresses individual grounds, ending with a consideration of remedial structures. Theory is integrated throughout the course, and the relationship between grounds of discrimination and other human rights is explored. The course will be predominantly based on materials from the US, Canada, South Africa, India, the UK, EU, and ECHR, although some materials from other Commonwealth countries or individual European countries will be included. International human rights instruments are also examined. Employment related discrimination is generally dealt with in the International and European Employment Law course. The course does not require previous knowledge of equality or discrimination law.

The course is taught by a series of 14 seminars, in MT and HT. A number of lectures will be provided at the beginning of the course providing a ‘toolkit’ on various specific issues such as comparative methodology. There will be a tutorial at the end of each term and two further tutorials in TT. A series of guest seminars will be arranged throughout the year, but particularly in TT. The course is taught by Professor Sandra Fredman, Dr Tarunabh Khaitan, Mr Nick Bamforth (from 2012) and Dr Cathryn Costello (from 2012). Justice Kate O’Regan (one of the first justices on the South African Constitutional Court) will give a series of seminars in TT.

Comparative Human Rights

The course involves a study of human rights drawing on legal materials primarily (though not exclusively) from the United Kingdom, the United States, the Commonwealth and Europe. The course considers the meaning of particular human rights and their significance in theory and in practice, and the approaches taken by the legal institutions designed to protect them at the national and European regional levels, including those of the European Convention on Human Rights and the European Union. A number of specific substantive issues (most notably, freedom of speech and protection from discrimination) are studied in depth to illustrate the complex interplay between theory, legal concepts and procedure, and between legal and non-legal sources of protection.

Teaching for this subject comprises of seminars and tutorials. In general the seminars aim to encourage extensive class participation and extended high-level discussion of particular topics of importance. Tutorials provide the opportunity to write essays and discuss essay and examination technique. The course as a whole aims to contribute to the legal education of the student by providing the opportunity for comparative study, during which the appropriateness and utility of comparative legal techniques will be considered.

Teaching is in the form of a two-hour seminar which runs each week during Michaelmas and Hilary Terms.

Criminal Justice and Human Rights

This course will look at the development of human rights principles in relation to the criminal justice system, looking in detail at the interaction between human rights discourse and the theory and practice of criminal justice. The focus will be upon the European Convention of Human Rights and the Human Rights Act 1998, in relation to the criminal justice system of England and Wales, but further comparative material from other jurisdictions will be drawn upon where relevant. After beginning with a critical look at human rights discourse, the course will adopt the method of detail – taking a number of discrete topics and examining each of them in terms of the theoretical underpinnings of the particular right, the human rights reasoning adopted by the courts, and the implications for criminal justice policy. Among the rights thus examined will be the privilege against self-incrimination, the right to privacy in relation to surveillance, and the protection of personal liberty with respect to imprisonment. The course will end by drawing out specific themes relating to human rights and anti-terrorist measures, and more generally the interface between human rights and security concerns.

Teaching will be delivered in the form of weekly seminars, held in the first six weeks of Michaelmas and Hilary terms. All students enrolled in this course are expected to attend these seminars, and to read and think about the assigned materials in advance of the seminar. The seminar will be introduced by a Faculty member, followed by discussion, usually based around a set of questions distributed in advance. Tutorials in this subject will be available in the first four weeks of Trinity Term.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

European Human Rights Law (also part of the BA course)

The objective of the course is to provide a thorough grounding in the application of the European Convention on Human Rights. The primary aim is to introduce students to the substance of Convention rights and to their interpretation and enforcement, including the relevant jurisprudence of the European Court on Human Rights. This will include an analysis of general principles as well as broad themes arising from the interpretation and limits of several specific Convention rights (such as fair trial, protection of private life, and non-discrimination). Other European conventions and institutions will be referred to when relevant. By the end of the course, students will: have a sound understanding of the significance of human rights and civil liberties, and their theoretical dimensions, in Europe; be familiar with and able to apply the relevant provisions of the ECHR to practical problems concerning a range of the rights and liberties; have a knowledge and understanding of the European Human Rights system as a whole and the place of the Convention in that system; and have an understanding of the institutional procedural requirements for bringing human rights claims under the ECHR. Teaching will take place over Michaelmas and Hilary Terms, and will consist of a combination of lectures, seminars, classes and tutorials.

Comparative Equality Law

The right to equality is ubiquitous in human rights instruments in jurisdictions throughout the world. Yet the meaning of equality and non-discrimination are contested. Is equality formal or substantive, and if the latter, what does substantive equality entail? Which groups should be protected from discrimination and how do we decide? How do we capture conceptualisations of equality in legal terms and when should equality give way to other priorities, such as conflicting freedoms or cost? The aim of this course is examine these and other key issues through the prism of comparative law. Given the growing exchange of ideas across different jurisdictions, the comparative technique is a valuable analytic tool to illuminate this field. At the same time, the course pays attention to the importance of social, legal and historical context to the development of legal concepts and their impact.

The first half of the course approaches the subject thematically, while the second half of the course addresses individual grounds, ending with a consideration of remedial structures. Theory is integrated throughout the course, and the relationship between grounds of discrimination and other human rights is explored. The course will be predominantly based on materials from the US, Canada, South Africa, India, the UK, EU, and ECHR, although some materials from other Commonwealth countries or individual European countries will be included. International human rights instruments are also examined. Employment related discrimination is generally dealt with in the International and European Employment Law course. The course does not require previous knowledge of equality or discrimination law.

The course is taught by a series of 14 seminars, in MT and HT. A number of lectures will be provided at the beginning of the course providing a ‘toolkit’ on various specific issues such as comparative methodology. There will be a tutorial at the end of each term and two further tutorials in TT. A series of guest seminars will be arranged throughout the year, but particularly in TT. The course is taught by Professor Sandra Fredman, Dr Tarunabh Khaitan, Mr Nick Bamforth (from 2012) and Dr Cathryn Costello (from 2012). Justice Kate O’Regan (one of the first justices on the South African Constitutional Court) will give a series of seminars in TT.

Comparative Human Rights

The course involves a study of human rights drawing on legal materials primarily (though not exclusively) from the United Kingdom, the United States, the Commonwealth and Europe. The course considers the meaning of particular human rights and their significance in theory and in practice, and the approaches taken by the legal institutions designed to protect them at the national and European regional levels, including those of the European Convention on Human Rights and the European Union. A number of specific substantive issues (most notably, freedom of speech and protection from discrimination) are studied in depth to illustrate the complex interplay between theory, legal concepts and procedure, and between legal and non-legal sources of protection.

Teaching for this subject comprises of seminars and tutorials. In general the seminars aim to encourage extensive class participation and extended high-level discussion of particular topics of importance. Tutorials provide the opportunity to write essays and discuss essay and examination technique. The course as a whole aims to contribute to the legal education of the student by providing the opportunity for comparative study, during which the appropriateness and utility of comparative legal techniques will be considered.

Teaching is in the form of a two-hour seminar which runs each week during Michaelmas and Hilary Terms.

Criminal Justice and Human Rights

This course will look at the development of human rights principles in relation to the criminal justice system, looking in detail at the interaction between human rights discourse and the theory and practice of criminal justice. The focus will be upon the European Convention of Human Rights and the Human Rights Act 1998, in relation to the criminal justice system of England and Wales, but further comparative material from other jurisdictions will be drawn upon where relevant. After beginning with a critical look at human rights discourse, the course will adopt the method of detail – taking a number of discrete topics and examining each of them in terms of the theoretical underpinnings of the particular right, the human rights reasoning adopted by the courts, and the implications for criminal justice policy. Among the rights thus examined will be the privilege against self-incrimination, the right to privacy in relation to surveillance, and the protection of personal liberty with respect to imprisonment. The course will end by drawing out specific themes relating to human rights and anti-terrorist measures, and more generally the interface between human rights and security concerns.

Teaching will be delivered in the form of weekly seminars, held in the first six weeks of Michaelmas and Hilary terms. All students enrolled in this course are expected to attend these seminars, and to read and think about the assigned materials in advance of the seminar. The seminar will be introduced by a Faculty member, followed by discussion, usually based around a set of questions distributed in advance. Tutorials in this subject will be available in the first four weeks of Trinity Term.


People

Human Rights Law teaching is organized by a Subject Group convened by:

Sandra Fredman: Rhodes Professor of the Laws of the British Commonwealth and the United States

in conjunction with:

Nicholas Bamforth: CUF Lecturer
Cathryn Costello: Fellow and Tutor in EU and Public Law
Paul Craig: Professor of English Law
Anne Davies: Professor of Law and Public Policy
Sionaidh Douglas-Scott: Professor of European and Human Rights Law
Richard Ekins: CUF Lecturer
John Gardner: Professor of Jurisprudence
Nazila Ghanea: University Lecturer in International Human Rights Law (Department of Continuing Education)
Guy S. Goodwin-Gill: Senior Research Fellow, All Souls College
Leslie Green: Professor of the Philosophy of Law
Laura Hoyano: Hackney Fellow & Tutor in Law and CUF Lecturer
Tarunabh Khaitan: CUF Lecturer
Liora Lazarus: CUF Lecturer
Kate O'Regan: Visiting Professor
Andrew Shacknove: University Lecturer in Law (Department of Continuing Education)
Alison L Young: CUF Lecturer

assisted by:

Dhvani Mehta: DPhil Law student

Also working in this field, but not involved in its teaching programme:

Andrew Ashworth: Vinerian Professor of English Law
Michal Bobek: Research Fellow
David Erdos: Katzenbach Research Fellow & Leverhulme Trust Early Career Fellow
Clara Feliciati: DPhil Law student
Gilles Giacca: Research Fellow and Programme Co-ordinator of the Oxford Martin Programme on Human Rights for Future Generations
Ryan Goss: Junior Research Fellow in Law
Jarrod Hepburn: DPhil Law student
Lawrence Hill-Cawthorne: DPhil Law student
Miles Jackson: Departmental Lecturer in Law
Rudina Jasini: DPhil Law student
Marija Jovanovic: DPhil Law student
Galina Kostadinova: DPhil Law student
Kubo Mačák: DPhil Law student
Stephen Meili: Academic Visitor at the Faculty of Law
Bonita Meyersfeld: International Member
Colm O'Cinneide: International Member
Damilola Olawuyi: DPhil Law student
Chelsea Purvis: International Member
Paolo Ronchi: DPhil Law student
Ilias Trispiotis: International Member
Seshauna Wheatle: Stipendiary Lecturer in Law at Exeter College
Ruvi Ziegler: DPhil Law student


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