Theories of Justice and Human Rights

Unit 1

The first unit will introduce students to current theoretical discussions about human rights. After an introductory lesson describing what it means to address human rights from a theoretical perspective, the unit will consider the normative idea of human rights and its implications. Human rights being rights, the first objective will be to clarify the notion of a right. Once defined the general concept of rights, two interpretations of human rights will be considered. According to the first interpretation, human rights are pre-political rights individuals have independently of the existence of political institutions. According to the second interpretation, instead, human rights should be understood as rights against governments and, therefore, as presupposing the existence of political institutions. The two interpretations of human rights have different implications concerning responsibility for human rights' implementation. The second interpretation fits better with the contemporary understanding of human rights within international law. Assuming that interpretation, subsequent lessons will examine its implications as regards the implementation of human rights at the national level, considering how different governmental bodies can contribute to that task. Special attention will be paid to the specific problems raised by the implementation of socioeconomic rights. A lesson will be devoted to the constitutionalizing of human rights and to the role the judiciary may play in their implementation. The analysis of the apparent tension between judicial review of legislation and the democratic idea of popular sovereignty will set the floor for a discussion of the normative justification of human rights and of how human rights contribute to realize political equality. The last two lessons of the first unit of the course will tackle issues of human rights' implementation at the international level. Human rights' claim to universal validity will be discussed in the light of challenges describing human rights as an instrument of Western cultural imperialism. Finally, the extent of international responsibility for human rights will be considered, paying special attention to the challenge of global poverty to human rights.

Unit 1 will address the following topics:

- human rights from a theoretical perspective
- the general concept of rights
- concepts of human rights
- the status of beliefs about human rights
- the justification of human rights
- the implementation of human rights
- enforcing human rights through judicial review
- human rights' claim to universal validity
- international responsibility for human rights

Unit 2

The second unit of the course will tackle a specific set of rights, analysing a wide range of issues regarding migration, in the form of the ethics of movement and membership. The International Organization for Migration (IOM) estimates that in 2021 there were at least 281 million migrants worldwide (which are 3.6% of the population, as of 2020), in addition to the uncounted hundreds and thousands of people who cross borders irregularly each year. The UN Migration Agency defines a migrant as any person who is moving or has moved across an international border or within a State away from their habitual place of residence, regardless of (1) their legal status, (2) whether the movement is voluntary or involuntary, (3) what the causes for the movement are, and (4) what the length of the stay is. The teaching unit will address specifically each of these four points and will alternate reflections upon definitory questions (e.g., what are refugees? What is internal displacement? What is environmental migration? etc.) and questions that are more normative in core (e.g., should states share responsibility for the reception of refugee? Is it legitimate to restrict emigration rights to highly qualified workers? How should the international refugee regime be improved?). The issue of migration will be addressed from different angles, going beyond the classic open v. closed borders debates, by discussing different types of questions: from the scope of the right to freedom of movement, whether there is a human right to immigrate, and whether it might be considered legitimate to restrict emigration in the forms of brain drain and care drain. It will critically examine criteria for selecting between would-be immigrants (e.g., merit, lottery, using an algorithm), and for acquiring citizenship, as well as the tensions between the claims of prospective immigrants and existing residents. The lessons will tackle questions of migrant worker exploitation, and responsibility and duties for refugees, as well as considerations about the structural injustice that characterises refugeehood and asylum, and the harms of internal displacement.

Unit 2 will address the following topics:

- Closed v. Open Borders
- human rights to emigrate and immigrate
- reflections upon the legitimacy to restrict emigration
- criteria for selecting would-be immigrants and for acquiring citizenship
- temporary migration programs and the exploitation of migrant workers
- voluntary and forced migration
- refugees: definitions and responsibility for reception
- unjust borders and structural injustice in the global refugee regime
- environmental migration