Admission requirements
A background in law and sufficient command of English are both required. Preferably, students have engaged in the study of human rights at the national, European and/or international level; however, this is not a strict requirement.
Description
This course provides an overview of the European systems that have been developed to protect human rights and fundamental freedoms. It addresses a variety of questions, including but not limited to: (1) What are human rights and freedoms? (2) What is their scope? (3) How are different human rights and freedoms balanced against one another or against policy interests?
In seeking answers to these questions – and many others – our primary focus will be on the European Convention on Human Rights (ECHR) and the case law of the European Court of Human Rights (ECtHR). In addition, we will examine other Council of Europe bodies tasked with protecting human rights and further consider the role of the European Union (EU) in this context. It is impossible to discuss all the details of the vast amount of human rights case law that has been developed across Europe over the last 75 years. Instead, we focus on some of the most important that have come before the ECtHR. These "leading cases" will illustrate how the ECtHR approaches different human rights and freedoms and enable us to identify the main principles which have been developed in its case-law.
This course, which is primarily intended for law students, is offered to exchange students in the first place. If any places are left, Leiden-based students are welcome to follow the course as a keuzevak as part of a Bachelor's programme. Students from other backgrounds who take an interest in human rights are welcome to attend, but they should realise that the course's emphasis is on legal questions and judicial procedures rather than on philosophical or sociological aspects of law
Course objectives
The course aims to provide an overview of the various European systems that have been developed to protect human rights. The course will explain the background and the contents of the ECHR and explore the most important characteristics of the case law of the ECtHR. It will also analyse the (complementary) role of the European Union (EU) in protecting human rights.
At the end of this course, students will be able to:
describe the origins of human rights protection in Europe;
explain the procedure before the ECtHR and how a case is processed;
operate the ECtHR's "HUDOC" search engine and identify relevant judgments and decisions;
articulate and explain the relationship between the Council of Europe and the European Union in the protection of human rights;
analyse and critically evaluate the judgments and decisions of the ECtHR; and
identify and apply relevant legal principles to specific problem scenarios.
Timetable
Check MyTimetable.
Mode of instruction
10 interactive lectures (2 hours each)
Required preparation by students: preparation of the assigned reading materials
Assessment method
Examination form(s)
A written exam (70% of the grade);
A case note, to be written jointly with another student (30% of the grade).
This course will be completed with a written exam (which counts for 70% of the final grade), followed by submission of a case note together with another student (which counts for 30% of the final grade). To obtain a final grade, students must have participated in each of these two assignments.
Compensation between partial grades is possible. Accordingly, a failing grade for one part can be compensated by a passing grade for the other part.
Areas to be tested within the exam
Knowledge and understanding of the ECHR and the ECtHR's case law;
the ability to derive and apply the legal principles from ECtHR cases to a set of facts; and
knowledge and understanding of the relationship between the Council of Europe and the European Union as regards the protection of human rights and freedoms.
Resit
Students who fail the written exam are entitled to sit a re-examination. Depending on the number of students failing the first instance exam, the re-sit exam may take the form of a written or oral exam. For the re-sit exam, the weight remains the same (70%). The case note cannot be retaken. If the course is not completed with a passing grade within the academic year, any partial grades obtained will expire by the end of the academic year.
Regulation passed exam
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8 and further of the Course and Examination Regulations). Students who have passed the exam may retake the final written assessment (test) of the course if they meet certain requirements. For more information, go to the website > ‘Law’ tab > ‘Retake a passed exam’.
Reading list
Obligatory course materials
The course will be based on case law, book chapters and/or journal articles as assigned in the Course Syllabus. Students are expected to collect all the course materials themselves, but the majority of resources will be hyperlinked in the Course Syllabus.
No separate textbook will be assigned; however, the Course Syllabus will contain suggestions for further reading.
The Course Syllabus will contain all practical information relating to the course and will be available on Brightspace three weeks before the start of the course.
Registration
Registration for courses and exams takes place via MyStudymap. If you do not have access to MyStudymap (guest students), look here (under the Law-tab) for more information on the registration procedure in your situation.
Exchange students have priority and will be registered for the course first. Any remaining seats will be available for students from Leiden University and other Dutch Universities.
Contact
Coordinator: Dr. J.C. Finnerty
Work address: KOG, C1.18
Contact information: By appointment through e-mail
Institution/division
Institute: Public Law
Department: European Law
Room number secretary: KOG, B.1.11
Opening hours: Monday to Friday 09:00 – 17:00
Telephone number secretary: +31 (0)71 527 3596
Remarks
None