THE UNIVERSITY of EDINBURGH

DEGREE REGULATIONS & PROGRAMMES OF STUDY 2024/2025

Timetable information in the Course Catalogue may be subject to change.

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DRPS : Course Catalogue : School of Law : Law

Undergraduate Course: Economic, Social and Cultural Rights (LAWS10286)

Course Outline
SchoolSchool of Law CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 10 (Year 3 Undergraduate) AvailabilityAvailable to all students
SCQF Credits20 ECTS Credits10
SummaryWhat do food, housing, health, culture, social security, education, clothing, and water have in common? They are all fundamental human rights, often neglected in law and in practice. This course examines the protections that are afforded to economic, social and cultural rights through international human rights law, regional human rights mechanisms, and various domestic jurisdictions.
Course description Economic, social, and cultural rights are fundamental human rights that are necessary to live a dignified life that is free from fear and want. They are centred in the notion of social justice, necessary for the fulfilment of a fair and equitable society. This course is aimed at understanding what economic, social and cultural rights are, what do they protect, and how they can be used to hold governments to account. The course will discuss the theoretical conceptualisations of these rights, and how these different theoretical discussions have had an impact in the international and domestic protection of rights. This is also explored in the differences of the protections afforded by each regional human rights mechanism (through the Council of Europe, the African Union, and the Organisation of American States), as well as in different countries (Scotland, Colombia, South Africa, Germany, and beyond). In addition, the course will take an in depth look at selected economic, social and cultural rights. Students will explore the concepts, challenges, laws, policies and judicial cases that exist in relation to the right to food, housing, social security, among others. The course will end by challenging students to think beyond traditional understandings of the role of the state, critically reflecting on how business actors can also have an important impact in people¿s economic, social, and cultural rights.
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Students MUST have passed: Public Law and Individual Rights (LAWS08132) AND Public Law of the UK and Scotland (LAWS08123) AND International Law Ordinary (semester 1) (LAWS08114)
Co-requisites
Prohibited Combinations Other requirements None
Information for Visiting Students
Pre-requisitesNone
High Demand Course? Yes
Course Delivery Information
Academic year 2024/25, Available to all students (SV1) Quota:  30
Course Start Semester 1
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 20, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 176 )
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) Students will be asked to write an essay (5,000 words) consisting in two parts:
- Part A will consist of a case study, in which students will be required to analyse the hypothetical facts and determine if there is a violation according to human rights law.
- Part B will consist of an essay where the students have to critically discuss a topic, chosen among a number of proposed topics/questions.
Feedback Students will receive feedback on a case study as well as an essay.
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
  1. Understand the fundamental obligations that are inherent to economic, social and cultural rights;
  2. Recognise the relationship between the theory of social justice and the legal framework that human rights law provides.
  3. Identify the available adjudicative mechanisms that exist in international and regional organisations to protect economic, social and cultural rights.
  4. Critically analyse how policies, laws, behaviours and practices impact the realisation of economic, social and cultural rights.
  5. Effectively use the acquired knowledge to structure and develop arguments and communicate these effectively.
Reading List
While no core textbook is recommended, students will benefit from consulting some of the following resources:
1. Dugard, Porter, Ikawa, and Chenwi, Research Handbook on Economic, Social and Cultural Rights as Human Rights, Edward Elgar (2020)

2. Olivier De Schutter, Economic, Social and Cultural Rights as Human Rights, Edward Elgar (2013)

3. David Bilchitz, Poverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic Rights, Oxford University Press (2007)

4. Baderin and McCorquodale, Economic, Social, and Cultural Rights in Action, Oxford University Press (2007)

5. Saul, Kinley, and Mowbray, The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials, Oxford University Press (2014) (on reserve)

6. Katie Boyle, Economic and Social Rights Law: Incorporation, Justiciability and Principles of Adjudication, Routledge (2020)

The above books will be supplemented with:
1. Journal articles
2. Cases
3. Legislation
4. Further documents such as reports, policy papers, UN documents.

A full reading list will be provided before the course starts.
Additional Information
Graduate Attributes and Skills The course will contribute to ensure graduates:
1. Are critical and reflective thinkers;
2. Are creative problem solvers and researchers; and
3. Have a passion to engage locally and globally
KeywordsHuman Rights,Social Justice,International Law
Contacts
Course organiserDr Kasey McCall-Smith
Tel: (0131 6)51 4524
Email: kasey.mccall-smith@ed.ac.uk
Course secretaryMiss Robyn Blyth
Tel: (01316) 514550
Email: rblyth@ed.ac.uk
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