Delivered at:: School of International Law

Course type:: Elective course

When:: 4 year, 1, 2 module

Instructor

Дедов Дмитрий Иванович

Full Syllabus

Abstract

The course “Protection of human rights in the ECHR” covers theoretical issues of the concept of effective protection of human rights and fundamental freedoms and the role of the international institutions within the Council of Europe (a “European machinery”) for the protection of human rights, including the European Convention on human rights (the Convention) and the European Court of human rights (the ECHR). The course describes, analyzes and critically assesses the concept of human rights in various contexts: theoretical and practical, original and evolutionary, material and procedural. Pre-requisites: the course requires the students to have basic knowledge of law, sufficient level of English (to read legal sources, write essays and participate in class discussions), as well as other skills acquired during their studies at the university. Additional background in theory of law, constitutional law (constitutional rights and freedoms) and civil law is welcome.

Learning Objectives

The aim of the course is to provide students with a theoretical and practical knowledge about the processing of cases in the ECHR from the admissibility stage up to the implementation of the ECHR judgments. On completion of the course the students will be able to understand the concept of rule of law, evaluate various mechanisms and procedures for human rights law protection and enforcement, make research, draft legal documents and present legal argumentation on selected key issues relating to the application to the ECHR and to the decision-making process. The students will get knowledge about, as well as critical view on the existing problems.

Expected Learning Outcomes

Students must gain knowledge on: • structure of the ECHR case-law; • the concept of rule of law; • challenges and problems in the interpretation of the the European Convention on human rights
to use specific terms and sources of the international human rights law;
to use practical abilities of research, analysis of the judgments and decisions of the ECHR
to use skills to analyse and solve cases and controversies, preparing legal argumentation and procedural and analytical documents in the sphere of human rights law
be able to work with information (search, evaluate, use information, necessary for fulfilment of academic and professional tasks, from various sources, including application of the systematic approach)
be able to carry out professional activities in the international environment
be able to search, analyse, and work with legally relevant information by using the juridical, comparative and other specific methods
be able to describe legal problems and situations in the field of international human rights law

Course Contents

Overview of the international mechanisms for the protection of human rights.
Values and institutions of the Council of Europe.
The concept of human rights and fundamental freedoms.
Rule of law.
Methodology of the ECHR
Approaches in the international and national legal systems
Inadmissibility criteria
Interpretation of the Convention
Implementation of ECHR judgments
Relationship between Convention and the national constitutions.

Assessment Elements

Attendance, active participation, colloquia and in-class discussion
Each student is expected to attend all the sessions having go through and thought about the assigned material, including the questions and any problems in the text/ judgment, podcast, etc. that are assigned, and actively participate in class discussions, ask questions and make analytical comments about the assignments. Sessions will be structured as a mix of lectures, seminars, and participative workshops in order to stimulate class discussion: the participants are expected to cover the assigned materials in advance for each class.
Oral exam
Oral exam by the end of the course.

Interim Assessment

2022/2023 2nd module
0.5 * Oral exam + 0.5 * Attendance, active participation, colloquia and in-class discussion

Bibliography

Recommended Core Bibliography

Harris, O'Boyle & Warbrick Law of the European Convention on Human Rights, Harris, D., 2014

Recommended Additional Bibliography

Finnis, J. (2011). Natural Law and Natural Rights (Vol. 2nd ed). Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=405960

Bachelor’s Programme 'Law'

Protection of human rights in the ECHR