Sylabus
Outline of the Course
Lecture 1: Introduction. The sources of international HR Law
Lecture 2: The universal system of protection. Relevant international organizations (UNO, ILO, WHO, etc). The role of HR NGOs
Lecture 3: UN charter-based protection. The role of the GA, SC, ICJ and ECOSOC. The UN HR Council and its special procedures
Lecture 4: UN Treaty-based protection. Relevant HR treaties and control mechanisms
Lecture 5: Case studies. Individual complaint procedure (ICCPR, ICERD, etc.)
Lecture 6: Regional mechanisms of HR protection. Universality and regionalism. Cultural relativism
Lecture 7: European HR organizations (OSCE, and the Council of Europe). Major human rights instruments
Lecture 8: The European Convention of Human Rights. Material and procedural standards. The genesis of the Strasbourg system
Lecture 9: European Court of Human Rights case studies
Lecture 10: The future of the European system: current problems and reforms
Course Goals / Learning Outcomes:
The participants gain a basic orientation in the complex system of international human rights protection. They understand the tasks and functioning of various universal and regional control mechanisms.
Reading List
Mandatory ReadingChristian TOMUSCHAT: Human rights: between idealism and realism, Academy of European law, European University Institut, Oxford : Oxford University Press, 2003R. St. J. MACDONALD, F. MATSCHER, H. PETZOLD (eds.): The European System for the Protection of Human Rights, Martinus Nijhoff Publishers, 1993Michael GEISTLINGER & Erwin KONJECIC: Public International Law at Central European Universities, Karolinum, Prague, 2000Recommended LiteratureDavid ROBERTSON: A dictionary of human rights, London, 2004Walter KÄLIN, Lars MÜLLER, Judith WYTTENBACH: The face of human rights, Müller Publishers, Baden, 2004Andrew CLAPHAM: Human rights obligations of non-state actors, Oxford University Press, 2006Henry J. STEINER, Philip ALSTON (eds.): International Human Rights in Context, Clarendon Press, Oxford, 1996Sandra FREDMAN (ed.): Discrimination and Human Rights. The Case of Racism, Academy of European Law, European University Institute, Oxford University Press, 2001René PROVOST: International Human Rights and Humanatarian Law, Cambridge Studies in International and Comparative law, Cambridge University Press, 2002Gudmundur ALFREDSSON & Asbjorn EIDE: the Universal Declaration of Human Rights: A Common Standard of Achievement, Martinus Nijhoff Publisher, Kluwer Law International, 1999R. BERNHARDT (ed.): Encyclopedia of Public International Law, Volume I-IV, 1992-2000
Anotace
This course examines different aspects of human rights protection. Participants will deal with dateless as well as highly topical human rights issues and study the complexity of different models of protection.
The topics will be treated from different perspectives, combining and confronting the points of view of history, anthropology, philosophy, theory of international relations, ethics and law.Special focus will be put upon the protection of human rights as a fundamental component of the current international legal system. The course will introduce students to the development of both universal and regional human rights instruments and mechanisms of protection.
Participants of the course will examine the international human rights system in the context of current changes in the structure and organization of international law. Students will explore the functioning of universal and regional human rights mechanisms.
The course aims at providing insight into relevant instruments of protection, like e.g. individual complaints, state reports and fact-finding missions. Students will further study selected case-law developed by the European Court of Human Rights and other international bodies, with a special focus to the practice of the Czech Republic.
Czech reality will be reflected from the point of view of crucial legal documents as well as the implementation and application of international standards. Furthermore, moral and philosophical issues linked to Czech experiences will be discussed.
By applying an inter-disciplinary approach to the issue of human rights protection the course aims at offering a comprehensive survey of the relevant aspects.