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Prospectus

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Migration And Children's Rights

Course
2018-2019

Disclaimer: Please note that the following description of the course is subject to change until 31-08-2018. Students cannot derive any rights from the current information.

Course requirements

Advanced Master Programme Children’s Rights

Course information

The primary purpose of the course Migration and Children’s Rights is to provide insight in the legal protection of migrant children in order to enable the students to solve complex cases on different aspects of immigration law relating to children. Immigration law is characterised by its layered structure in which different legal orders influence the legal protection of migrant children. Both international and regional human rights law and refugee law all influence national law. In the European region (a specific focus point of this course because of its particular dimensions, problems and challenges) national law is also significantly influenced by law of the European Union. The interference between these different layers is an important topic in this course, as well as their impact on the position of migrant children at the domestic level. Migration itself can take many forms. Five different forms of migration are addressed this course. The main topics of these lectures are: introduction to migration law, asylum, subsidiary protection, unaccompanied minors, family reunification and statelessness. These issues will be approached from the perspective of international and regional law, with a particular focus on European law. After each lecture, the students have to solve and argue a case relating to the topic of the seminar in a moot court setting (in class).
In a guest lecture, a specific topic will be discussed by an external specialist in the field.

Course objectives

The primary purpose of the course Migration and Children’s Rights is to provide insight in the legal protection of migrant children in order to enable the students to solve complex cases on different aspects of immigration law relating to children.

Achievement levels

The following achievement levels apply with regard to the course:

Knowledge and comprehension:

  • The students understand the role of children’s rights in the layered structure of immigration law.

  • The students apprehend the position of international (refugee) law in the context of European (EU) law.

  • The students know the most important case law of the Court of Justice of the European Union and the European Court of Human Rights relating to children’s rights in immigration law.

  • The students are aware of the vulnerable position of children in immigration law and understand the different forms of legal protection available in the different legal orders studied in the course.

  • The student have read the most relevant literature relating to the subjects studied during the course.

Application:

  • The students are able to solve advanced cases relating to children’s rights in the layered structure of immigration law.

  • The students can apply different notions of international refugee and human rights law in the context of European law and vice versa.

  • The students can apply their understanding of the role of children’s rights in immigration law in an academic paper.

Analysis:

  • The students are able to critically analyse the role of children’s rights in international and European immigration law.

  • The students can differentiate between the different legal orders which are discussed and can evaluate to which extent children’s rights are effectively protected in these legal orders.

Presentation:

  • The students can orally present their solution of a complex case in a moot court like setting.

  • The students are able to write an academic paper relating to one of the subjects discussed during the course

Mode of instruction

Lectures:

  • Number of lectures and number of hours per lecture: 6 lectures

  • Names of lecturers: Dhr Prof.dr.mr. P.R. Rodrigues; Dr. M.A.K. Klaassen

  • Required preparation by students: Read prescribed literature and case law, prepare a journal relating to the subject of the lecture

Seminars:

  • Number of seminars and number of hours per seminar: 5 seminars

  • Names of instructors: Dhr Prof.dr.mr. P.R. Rodrigues; Dr. M.A.K. Klaassen

  • Required preparation by students: Prepare the cases which are discussed during the moot court session of the seminar

Other methods of instruction:

  • Guest lectures

  • Number of instructions and number of hours per instruction: 1 or 2 sessions of 2 hours

  • Names of instructors: to be confirmed

  • Required preparation by students: Read the prescribed literature and/or case law, prepare a journal relating to the subject of the guest lecture

Materials produced in class, such as papers or video’s, may not be published online or in any other form be released without prior approval. This is not permitted because of the explicit reference to this advanced master’s programme of Leiden University and/or references to the sources used.

Course Load

Lectures: 12 hours
Seminars: 10 hours
Guest lecture: 2 hours

Examination method

  • Written academic paper on a prescribed topic (6.000 words): 60 %

  • Written journals on the topic of the lecture to be handed in before each of the lectures: 20 %.

  • Pleading statement during one of the moot court sessions: 20 %.

Submission procedures:

All assignments should be handed in via BlackBoard.

Blackboard

The literature is distributed through Blackboard.
Submission of papers via Blackboard.

Course materials

Course materials
See under Blackboard.

Contact

Coordinator of the course: Prof. dr. mr. P.R. Rodrigues
Telephone number: +31 (0)71 527 8822
Email address: p.r.rodrigues@law.leidenuniv.nl