Бакалавриат
2023/2024
Права человека в международном праве
Статус:
Курс по выбору
Направление:
40.03.01. Юриспруденция
Кто читает:
Департамент международного права
Где читается:
Факультет права
Когда читается:
2-й курс, 4 модуль
Формат изучения:
без онлайн-курса
Охват аудитории:
для своего кампуса
Язык:
английский
Кредиты:
3
Контактные часы:
40
Course Syllabus
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
- Classroom-based work
- Home tasks2 tasks, average grade for 2 tasks is taken into consideration. Preparation of a written memorial (team-work, 2-5 students)
- Moot courtDuring 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
Interim Assessment
- 2023/2024 4th module0.2 * 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).