Coordinator
Name: Prof. Rick Lawson (but check Blackboard site for up-dates)
Work address: KOG, Steenschuur 25
Contact information: Room B 1.35
Telephone number: +31 (0)71 527 741
E-mail: r.a.lawson@law.leidenuniv.nl
Departement/division
Departement: Public Law
Division: European Law
Room number secretariat: KOG, B 1.19
Opening hours: 9 – 17h
Telephone number secretariat: +31 (0)71 527 7760
E-mail: f.p.oldenhof@law.leidenuniv.nl
Description
Objectives of the course
The course “European Protection of Human Rights” has three aims. First it will explore the background and contents of the European Convention of Human Rights; second it will provide an overview of the case-law of the European Court of Human Rights in Strasbourg, and third, it will track the way in which the ECHR contributes to the process of European integration.
Short description of the course
The main purpose of this course is to provide an overview of the protection of human rights and fundamental freedoms in Europe. What are human rights, what is their scope, how are they balanced against public policy aims, by which means are they protected? Do we have common standards throughout Europe? How to reconcile cultural diversity with the universal vocation of human rights? What is the ‘margin of appreciation’, what are ‘positive obligations’? What is the impact of human rights on diverse – and often controversial – issues like abortion, euthanasia, transsexuality or the combat of terrorism? Can international organisations, such as the Council of Europe, respond effectively to large-scale violations of human rights? In answering these questions – and many others – we will lay particular emphasis on the European Conven¬tion on Human Rights and the case-law of the European Court of Human Rights.
It is impossible to discuss all details of the Strasbourg case-law – for instance, at the end of 2008 the Court had over 100,000 cases pending! We will therefore attempt to cover the most important cases that have come before the Court. These leading cases will illustrate how the Court approaches human rights, what principles have been developed in its case-law, and what their impact on the legal order of the States can be. At the same time, the discussion of the cases will make you familiar with the procedure followed under the European Convention.
Knowledge of the European human rights system is obviously an essential element of the study of European integration. In addition, the course serves as a foundation for other courses within the Masters programme, such as General Principles of EU Law.
Achievement levels
At the end of this course, students will have a good understanding of the nature and contents of the ECHR and the procedure before the ECtHR. In addition they will be familiar with a number of leading cases decided by the Strasbourg Court, as well as general principles of its case-law.
Methods of instruction
Lectures
The course will extend over six weeks, with two classes per week. The first two lectures will be of an introductory nature. Each of the remaining ten sessions will address individual rights protected by the ECHR (the right to life, the prohibition of torture and so on). The classes will be very inter-active: the lecturer will discuss the assigned cases with students and will ask them to comment on cases which are handed out during class.
Seminars
None
Other methods of instruction
Each student is asked to write, together with another student, a short case note concerning a judgment delivered during the last year. Students propose their case during the first two weeks of class (first come-first serve) and, after approval of their choice, work together on the note. They should hand in their note at the latest one week after the written exam. The paper will be graded separately and discussed with the authors.
Course materials
Obligatory course materials
Literature: None
Course information guide: The reader (below) will contain all practical information, which will also be posted on the Blackboard site.
Reader:
- European Protection of Human Rights
Recommended course materials
P. van Dijk & G.J.H. van Hoof, Theory and practice of the European Convention (Intersentia, 2006);
J. Vande Lannotte & Y. Heack, Handboek EVRM (Intersentia, 2005)
For more references see the extensive reading list in the reader
Examination
Examination form(s)
Written exam (80% of the grade) and paper (20%)
Submission procedures
For all practical and logistical information, see the reader and the Blackboard site.
Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.
Course requirements
Bachelor degree in law and sufficient English knowledge.
Time table
The time table can be found at the following website: www.law.leidenuniv.nl
Application
Via U-twist
Blackboard
This course uses Blackboard (digital learning environment).
Remarks
None