This course intends to give students a thorough knowledge and understanding of the European human rights system. Together with the course on International Human Rights Law it provides the foundation for the rest of the programme.
The course covers human rights protection mechanisms within the Council of Europe as well as human rights protection under European Union law. In respect of the former the European Convention on Human Rights plays a central role. In addition attention will be paid to the European Social Charter and other human rights instruments the Council of Europe has developed, such as the European Committee for the Protection against Torture (CPT), the Commissioner for human rights and the Anti-Racism Commission (ECRI). As far as human rights protection under European Union law is concerned, the development of EU involvement with human rights and the position of the Charter of Fundamental Rights will play a central role. Of course, this will include the relationship with the European Convention on Human Rights.
Time and again particular attention will be paid to the different roles and impact of the various human rights mechanisms.
Students gain a thorough knowledge and understanding of the main features of the ECHR, the functioning of the ECHR supervisory mechanism and the way in which the ECHR rights are applied and interpreted in practice. They can predict the outcome of certain designated cases by applying the existing doctrines of the ECtHR.
Students gain insight in the functioning of and interrelation between the co-existing human rights protection mechanisms within the Council of Europe. They can deduce their strengths and weaknesses.
Students acquire a thorough knowledge of the role human rights play within the EU and an understanding of how this affects the economic integration within the EU as well as the external relations of the EU and the position of the EU Court of Justice in relation to the Member States.
Students are able to analyse and evaluate decisions of a human rights body and present comments on these decision, comparing it with other decisions of the same body or other bodies.
Student are able to relate a situation that is presented to them to the European human rights standards that are applicable and can analyse whether or not this situation is in compliance with European human rights law.
Open book exam, consisting of 8 to 10 essay-type questions, determines 25% of the mark for this course.
Individual research paper of max. 2000 words on a recent significant development in European human rights protection, determines 25% of the mark for this course.
3 “Blog notes” of max. 750 words in reaction to a certain proposition related to a video presentation, determines 3 × 10% = 30% of the mark for this course.
Oral presentation during one of the seminars, in groups of two, commenting on a judgment or decision of the European Court of Human Rights or the European Committee on Social Rights, determines 20% of the mark for this course.
Exam to be submitted in writing, hard copy, to course co-ordinator.
Individual research paper and 3 “Blog notes” to be submitted via Blackboard using SafeAssign.
Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information
Contact information Programme Co-ordinator: Ms. Mahshid Alizadeh Leiden University | Leiden Law School | Office for International Education Steenschuur 25 | 2311 ES Leiden | The Netherlands
firstname.lastname@example.org | (t) +31 71 527 3593 |