JJUA04485U International Human Rights Law

The objective of the course is to acquaint the student with the comprehensive body of international law on human rights with primary focus on key UN conventions and the European Convention on Human Rights. The main part of the course will focus on the interpretation of substantive provisions and their application in domestic law. Furthermore, the course will bring about an understanding of the basic principles underlying human rights protection at the international level, development trends and protection mechanisms in the international community. Use of human rights law in practical legal work and litigation. Active student participation is required (preparation of teaching notes, analysis of judgments etc.).

1.A comprehensive introduction to the relevant standards and obligations with emphasis on the United Nations Covenant on Civil and Political Rights and The European Convention on Human Rights and Fundamental Freedoms. Other specialised conventions, such as ILO Conventions 87 and 98, the UN Race Discrimination Convention, the UN Women's Discrimination Convention, the UN Torture Convention, the UN Refugee Convention, the UN Rights of the Child Convention, etc., will be touched upon when relevant. A number of specialised Council of Europe Conventions and soft law regulations will also be part of the course as well as the development of European Union law with regard to fundamental rights of EU citizens.

2.Sources of law and the methods of interpretation developed by the European Court of Human Rights. The concepts of margin of appreciation, the principle of proportionality, Drittwirkung (third party effect), positive obligations, judicial activism/dynamic interpretation etc. will be discussed in detail. Also conflicts of human rights ("competing human rights' claims") and the mutual impact of different treaties, including the Vienna Convention on the Law of Treaties, will be dealt with. The response in domestic law and by national courts will be evaluated and the pros and cons of en-bloc incorporation of human rights treaties into domestic law will be outlined.

3. Specific topics such as:

• Discrimination, including on the grounds of race, sex, age, sexual orientation. What is differential treatment? Is positive discrimination/affirmative action a useful legal instrument? etc.
• Torture, inhuman and degrading treatment or punishment; refugee law. Rule of law, in civil as well as in criminal cases. Equal access to impartial, speedy and independent judicial review; length of trials; equality of arms, etc.
• Deprivation of liberty; length of detention periods and compensation for unjustified detention. Residential and movement rights; family life, the principle of the unity of the family, family reunion, right to marriage, right to education.
• Privacy and protection against invasions (electronic surveillance, opening of letters etc.) right of communication of prisoners and children etc.
• Freedom of expression, freedom of the press, commercial speech protection, right to criticize politicians etc. Right to hold opinions (religion etc.), Internet issues etc.
• Freedom of assembly and association, trade union freedom, right to demonstrate and strike, negative freedom of association (closed shop).
• Right to life, including the question of free abortion, the right to a clean environment.
• Right of property, redress, state responsibility and liability, compensation.