The Privatissimum is a short, intense course. The aim of the course is twofold: (1) It works toward (further) developing a range of research and legal writing skills that students will need to pursue a career in the field of human rights; (2) It serves as an introductory course on international children’s rights law. Students will have an opportunity to deepen their comparative knowledge of the global and regional human rights systems through the framework of international children’s rights.
In order to achieve these aims, students will be asked to research different dimensions of children’s rights law, drawing on other human rights systems explored in the first two courses of the advanced master European and International Human Rights Law. The main focus will be on issues pertaining Children’s Rights. Differences and similarities, as well as areas of overlap and (potential) interaction between different human rights mechanisms will be explored, keeping in mind the specific social, political and legal settings in which they operate.
Students will be asked to quickly acquaint themselves with a specific child rights legal issue and then assess how it is dealt with under different human rights mechanisms, look for relevant materials on the topic and then writing and presenting short papers on their findings. As is often the case in professional settings, students will be asked to complete assignments under tight time constraints. Students will have an opportunity to work both in groups and individually. The final individual assignment is intended to give them a taste of the type of research that will be expected for the thesis.
Course Objectives
Conduct comparative legal research on different human rights systems (with a focus on children’s rights law)
Identify relevant, academically sound information on human rights law and children’s rights law
Discuss and evaluate the working, overlap and (potential) interaction of different human rights mechanisms (with a focus on children’s rights law)
Provide clear, well-researched and well-structured legal analysis synthesizing their research findings
Articulate their legal findings (expressing the strengths and weaknesses of their work) both individually and in groups
Manage and prioritize research tasks under tight time constraints
Grasp a better understanding of the type of research (and legal writing) that will be required for the final thesis
Mode of Instruction
Session 1:
Part I - Lecture #1: Introduction to Priv course and children’s right law
1. The objective and aims of the Priv course
2. Broad overview of international children’s rights law
Part II – Upcoming Assignment #1 (Group)
Explain the scope and objective of assignment #1
Discuss the groups, submission and deadline
Session 2:
Part I - Discussion on Assignment #1
1. Group presentations (Socratic/interactive method)
Part II - Lecture #2: The CRC within the UN human rights treaty system
Part III – Upcoming Assignment #2 (Individual)
1. Feedback on assignment #1
2. Explain the scope and objectives of assignment #2
3. Discuss the submission and deadline
Session 3:
Part I – Discussion on Assignment #2
Part II – Lecture #3: Children’s rights in regional human rights systems (ACRWC and Inter-American system)
Part III – Upcoming Assignment #3 (Group)
1. Feedback on grading of groups assignments (Assignment #1)
2. Explain the scope and objectives of Assignment #3
3. Discuss the groups, submission and deadline
Session 4:
Part I - Discussion on Assignment #3
1. Group presentations (Socratic/interactive method)
Part II - Lecture #4: Justiciability of children’s rights
Part III – Upcoming Assignment #4 (individual paper)
2. Feedback on grading of Assignment #2 (Individual)
3. Explain the scope and objectives of Assignment #4
4. Discuss the submission and deadline
The first session will be structured in two parts. In Part I, there will be an introductory lecture, explaining the aims and expectations of the course. We will then provide a broad overview of children’s rights law, situating it within the international human rights legal system. In Part II, we will discuss the first assignment. Students will be asked to undertake their first group assignment, researching a specific issue in children’s rights law, and comparing how this same issue is treated under the European human rights mechanism.
The following three sessions will be structured in three parts. In Part I, we will begin the class by discussing the previous assignment, and students will have an opportunity to share their research experiences. In sessions 2 and 4, select groups will be asked to discuss their research findings using an interactive Socratic method. In session 3, students will be asked to discuss their findings individually, again using an interactive Socratic method.
In Part II, we provide a substantive lecture on a specific dimension of children’s rights. In session 2, we will focus on the CRC within the UN human rights treaty system (drawing out the similarities and differences between the CRC and other UN human rights treaties). In session 3, we will focus on children’s rights in regional human rights mechanisms, with a specific focus on the Inter-American Court of Human Rights, and the African Committee on the Rights and Welfare of the Child. In session 4, we will consider the justiciability of children’s rights, focusing on the Optional Protocol 3 of the CRC, and the challenges surrounding children’s access to justice.
In Part III, we focus on the upcoming assignment. First, we provide feedback on the previous assignment, responding to any queries or questions regarding the grading of assignments. We then discuss the upcoming assignment, going over the scope and expectations as well as answering any questions regarding the substantive research focus. Finally, we discuss the assignment deadline and group structure (if relevant).
Assessment Method
Assessment method(s) and the weighting of each form of assessment towards the final grade
(1) Assignment #1 – group assignment – 15% of final grade
(2) Assignment #2 – short individual assignment – 15% of final grade
(3) Assignment #3 – group assignment – 15% of final grade
(4) Assignment #4 – individual research paper – 55% of final grade
Reading list
Given the character of this course, there is no fixed reading list. Students are asked to search and collect relevant information themselves as part of the learning goals. That said, students are provided with a list of helpful resources and encouraged to consult this list throughout the course.
Required reading for the first lecture (1) 'Introduction: Three Decades of Children's Rights Law' in W. Vandenhole, G. Erdem Türkelli and S. Lembrechts (eds), Children’s Rights: A Commentary on the CRC and its Protocols, Cheltenham: Edward Elgar 2019
Recommended readings (1) N. Peleg, 'International Children's Rights Law: General Principles' in U. Kilkelly and T. Liefaard (eds) International Human Rights of Children, Singapore: Springer 2019 (2) A. Skelton, 'International Children's Rights Law: Complaints and Remedies' in U. Kilkelly and T. Liefaard (eds) International Human Rights of Children, Singapore: Springer 2019 (3) J. Sloth-Nielsen, 'Monitoring and Implementation of Children's Rights' in U. Kilkelly and T. Liefaard (eds) International Human Rights of Children, Singapore: Springer 2019
Textbooks on Children’s Rights (1) J. Tobin, The UN Convention on the Rights of the Child: A Commentary, Oxford: Oxford University Press, 2019 (2) W. Vandenhole, G. Erdem Türkelli and S. Lembrechts (eds), Children’s Rights: A Commentary on the CRC and its Protocols, Cheltenham: Edward Elgar 2019 (3) U. Kilkelly and T. Liefaard (eds) International Human Rights of Children, Singapore: Springer
Contact Information
Co-ordinator: Dr Sheila Varadan and Prof. Ton Liefaard
Contact information: Leiden University, Faculty of Law, Institute of Public Law
Kamerlingh Onnes Building, Steenschuur 25, 2311 ES Leiden, Room number B 4.26
Tel. + tel:+31715278793
s.r.varadan@law.leidenuniv.nl and t.liefaard@law.leidenuniv.nl
Institution/division
Institute: Public law
Administration advanced masters: BIO
Mahshid Alizadeh humanrights@law.leidenuniv.nl
Disclaimer
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 2023 may only be done with the approval and consent of the Faculty Board and Programme Director.