Кто читает:: Департамент международного права

Статус:: Курс по выбору

Когда читается:: 2-й курс, 4 модуль

Преподаватели

Малкова Полина Юрьевна

Филатова Мария Анатольевна

Full Syllabus Ask Question

Abstract

Firstly, the course “Human Rights in International Law” gives an overview of the international human rights treaties and main judicial and quasi-judicial human rights bodies at the universal (the UN Human Rights Council and a “family” of the UN Human Rights committees) and regional levels. However, an accent is made on the (European) Convention on Protection for the Protection of Human Rights and Fundamental Freedoms and the European Court of Human Rights. Secondly, the course comprises the list of basic human rights, which scope of application and content are analysed on the basis of human rights instruments and case-law of the relevant international bodies. The emphasis in this part is be also made on the practice of the European Court of Human Rights. Thirdly, the course is practice-oriented. Its participants are required to read and analyse relevant case law and are trained to compose applications, responses and judicial decisions applying International Human Rights Law.

Learning Objectives

The main purpose of the course is to make students able to use norms of International Human Rights Law, make legal research and solve cases in this field.

Expected Learning Outcomes

ability to carry out professional activities in the international environment;
ability to describe legal problems and situations in the field of International Human Rights Law.
ability to search, analyse and work with legally relevant information by using of juridical, comparative and other specific methods,
ability to use specific terms and sources of International Human Rights Law;
ability to work with information (search, evaluate, use information, necessary for fulfilment of scientific and professional tasks, from various sources, including application of the systematic approach);
competence and working methods of international judicial and quasi-judicial human rights bodies at the universal level and the ECTHR;
he scope of application and content of the basic human rights.
practical abilities to undertake a research and analysis of judicial decisions and scientific writings;
skills to analyse and solve cases, build up of the legal position and compose procedural documents on cases in the sphere of International Human Rights Law.
sources of International Human Rights Law;
the scope of application and content of the basic human rights.

Course Contents

Main Sources of International Human Rights Law. International Human Rights Bodies.
The European Court of Human Rights (The ECtHR).
Right to Life
Prohibition of Torture.
Right to liberty and security of person.
Right to a Fair Trial. Right to an Effective Remedy
Right to Respect for Private and Family Life.
Freedom of Thought, Conscience and Religion.
Freedom of Expression.
Freedom of Assembly and Association.
Prohibition of Discrimination.

Assessment Elements

Moot court
During Moot court activity students will argue a case regarding the rights that were studied during the course. It is carried out in a form of interactive group activity, where students will divide into teams representing the Applicant, the Respondent and the Court. The activity involves 2 parts: written and oral. In the written parts students prepare written submissions, and in the oral part present their positions imitating an adversarial court hearing.
Exam
Classroom-based work
Home tasks
2 tasks, average grade for 2 tasks is taken into consideration. Preparation of a written memorial (team-work, 2-5 students)

Interim Assessment

2024/2025 4th module
0.2 * Classroom-based work + 0.5 * Exam + 0.1 * Home tasks + 0.2 * Moot court

Bibliography

Recommended Core Bibliography

Aaron Xavier Fellmeth. (2016). Paradigms of International Human Rights Law. Oxford University Press.
Daniel Moeckli, Helen Keller, & Corina Heri. (2018). The Human Rights Covenants at 50 : Their Past, Present, and Future. OUP Oxford.
The Human Rights Covenants at 50: Their Past, Present, and Future. (2018). Oxford University Press. https://doi.org/10.1093/oso/9780198825890.001.0001

Recommended Additional Bibliography

Ebert, F. C., & Sijniensky, R. I. (2015). Preventing Violations of the Right to Life in the European and the Inter-American Human Rights Systems: From the Osman Test to a Coherent Doctrine on Risk Prevention? Human Rights Law Review, 15(2), 343–368. https://doi.org/10.1093/hrlr/ngv001
The frontiers of human rights extraterritoriality and its challenges edited by Nehal Bhuta. (2016).

Authors

SMIRNOVA SVETLANA ANATOLEVNA
RUSINOVA VERA NIKOLAEVNA
FILATOVA MARIYA ANATOLEVNA

Бакалаврская программа «Юриспруденция»

Research Seminar "Human Rights in International Law"