Sylabus
1. What are “international human rights” and who cares? (The philosophy, politics, and critique of human rights, The history of international human rights)
2. The Substantive Dimension (The Sources of Human Rights Law: Types, generations and hierarchies of rights. Human rights: Between Universalism and Relativism Interpretation of human rights treaties. Limitations, exceptions, derogations.)
3. The future of the Strasbourg Court and enforcement of ECHR standards: reflections on the Interlaken process. Democracy as an instrument of justice (Developments in legal theory on democracy and justice. Development of the scope of human rights. Can human rights be cultural, social, economical, individual or collective?)
4. Substantive rights: Non-derogable rights (Art. 2 The Right to Life, Art. 3 Prohibition of Torture)
5. Substantive rights: Derogable rights (Art. 5 Right to Liberty and Security of Person, Art. 6 Due Process, Right to a Fair Trial, Civil Rights and Obligations, Art. 8 - 11 General introduction)
6. Substantive rights: Derogable rights (Art. 8 Privacy, Family, Home and Correspondence, Art. 9 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association).
7. General provisions affecting Convention rights (Art. 13 Right to an Effective Remedy Before a National Authority, Art. 14 Prohibition of Discrimination, Sanctions and supervision of the Courts judgements)
8. The Convention and the EU (Relations Between Legal Systems: International Law, Community Law and National Law, The role of international law)
9. Substantive Law and the Common market (Conflicting treaties in international law, The Community Treaties and the Human Rights)
10. Concluding seminar
Anotace
This is a multi-disciplinary course that provides students with a rigorous and focused engagement with different disciplinary perspectives on the subject of human rights including philosophy, sociology and law. It provides students with contending interpretations of human rights as an idea and practice from the different standpoints that the disciplines present. The course applies the insights of disciplinary frameworks of understanding to key human rights issues such as universality, the right to life, free speech and globalization.
This course is designed to provide students with a broad introduction to the conceptual and legal problems raised by the development of a global human rights regime and to help students think their way through some of the complexities of European human rights law. It will provide an introductory analysis to the jurisprudence of the European Court of Human Rights and the substance of European human rights law, by looking at different generations of rights, their content and relation to each other, through an analysis of different “functions” of human rights (protection, participation, distribution, inclusion).
The students are expected after the conclusion of the course to be able to:
- identify various solutions to legal problems at hand and in addition, apply the relevant international law norms/rules in a qualified manner
- read and understand international case-law as well as identify the relevant issues in the concrete case
- analyse the human rights norms in a contextual manner, i.e. to apply an ideological perspective. Teacher: dr.
Agha