This course introduces a degree of flexibility in the programme. It allows us to explore topics that are in the forefront of human rights discourse, newly emerging themes, or simply issues that deserve more attention than could be provided in the other courses.
In this context, Professors Bedner and Duffy will offer the track Mobilisation and Strategic Human Rights Litigation (MSHRL). They pay special attention to the practical implementation of human rights standards, through strategic litigation and other forms of human rights mobilisation. The course considers the theoretical foundations of mobilisation and the role of the courts, and how human rights actors in diverse contexts engage with these legal tools. Through case studies focused on real life scenarios, issues and cases, they critically appraise legal mobilisation in practice, and the impact as well as shortcomings and challenges of strategic litigation. Through discussion of factors and strategies that influence the extent to which law is given effect in practice, they invite students to adopt an analytical and strategic approach to engaging the law for the protection of rights.
Depending on the circumstances (including the size of the group), a parallel track may be offered. If this is the case, the students will be invited to identify their preference for a particular topic. Students may then follow the track of their preference. It follows that the subject matter of this second track may change over the years. Again, it depends on the circumstances whether a parallel track will be offered.
Objectives
Assess the advantages and disadvantages of framing a real life problem as a human rights violation
Make an assessment of a viable course of action with regard to addressing a particular human rights problem
Explain under what conditions it makes sense to engage in litigation to further human rights, what forms that litigation might take, and how litigation can contribute to the protection of rights and rule of law
Devise a course of action to engage in strategic and effective human rights litigation and related action
Mode of instruction
Number of (2 hour) lectures: 10 Lectures/seminars of 2 hours each
Names of lecturers: Prof. Adriaan Bedner, prof. Helen Duffy; and, depending on the circumstances, other lecturers (t.b.c.)
Required preparation by students: read the compulsory course materials; participation in class, prepare questions and cases; prepare individual and/or group presentations; find and analyze additional materials to prepare for such assignments.
Assessment method
Students will write a final essay about a human rights case or issue of their choice, in which they reflect on the potential for legal mobilization and related strategies. In so doing they should refer to the literature and the other materials used in class, drawing on experience from real world examples of strategic litigation and mobilization, in order to show that they can meaningfully apply it in relevant contexts. While students have flexibility in choosing a case or topic, marking criteria will be provided in advance.
Reading List
Reader:
- YES, on Brightspace
Contact information
Co-ordinator: TBA
Contact information: Prof. Rick Lawson, Leiden University, Faculty of Law, Institute of Public Law
Kamerlingh Onnes Gebouw, Steenschuur 25, 2311 ES Leiden, Room number B123
Tel. +31 71 527 5054
r.a.lawson@law.leidenuniv.nlInstitute: Public law
Administration advanced masters: BIO
Mrs. Orsolya Kalsbeek-Bagdi and Ms. Kasia Janik: humanrights@law.leidenuniv.nl
Disclaimer
Currently these pages are being updated to reflect the courses for 2024 - 2025. Until these pages are fixed as per 1 September 2024 no rights can be claimed from the information which is currently contained within.
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.