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JUR-3615 European Human Rights - 15 ECTS
The course offers students an in-depth understanding of the European Convention on Human Rights (Convention), as well as an overview over the European regime for the protection of human rights. The course focuses on the Convention's substantive guarantees and its system of supervision, including Strasbourg case law and its underlying principles.
The course consists of three main components. The first component focuses on general matters such as the genesis and structure of the Convention and its scope (ratione materiae, temporis, personae and loci). Furthermore, the procedure for the right of complaint will be addressed. Central issues are the admissibility requirements and the consequences of a finding by the European Court of Human Right (Court) of a violation of the Convention. Attention is also directed to the institutional frames of the Convention supervision mechanism, inter alia the organization and procedure of the Court and the role of the Committee of Ministers in executing the Court's judgments.
The second component concentrates on methodological aspects concerning the interpretation of the Convention, inter alia the principle of autonomous interpretation, the principle of dynamic interpretation, the margin of appreciation and the fourth instance doctrine.
The third component of the course turns its attention to a selection of the substantive guarantees of the Convention as inter alia the right to life, the prohibition of torture, the prohibition of slavery and forced labor, the freedom of expression, the protection of property, and the right to an effective remedy before the national authority to redress convention violations.
Having passed the exam, the student should have:
- Advanced knowledge of the methodology applied and developed by the European Court of Human Rights
- Advanced knowledge of the right to life (Art. 2 and Prot. 6 and 13)
- Advanced knowledge of the prohibition of torture (Art. 3)<br/>
- Advanced knowledge of the prohibition of slavery and forced labour (Art. 4)<br/>
- Advanced knowledge of the right to respect for private and family life (Art. 8)<br/>
- Advanced knowledge of the freedom of thought, conscience and religion (Art. 9)<br/>
- Advanced knowledge of the freedom of expression (Art. 10)<br/>
- Advanced knowledge of the freedom of assembly and association (Art. 11)<br/>
- Advanced knowledge of the protection of property (Prot. 1 Art. 1)<br/>
- Advanced knowledge of the prohibition of discrimination (Art. 14 and Prot. 12)<br/>
- Advanced knowledge of the opportunity to limit the application of rights and freedoms in the Convention<br/>
- Specialized knowledge of the scope of the Convention (Arts. 1 and 56 58)<br/>
- Specialized knowledge about the structure of the European Court of Human Rights (Arts. 19 31, 36 52, 54 55, and the Rules of Court)<br/>
- Specialized knowledge of the admissibility criteria (Arts. 33 35)<br/>
- Specialized knowledge of the right to an effective remedy (Art. 13)<br/>
- Specialized knowledge about the possibility to derogate (Art. 15)<br/>
- Knowledge of the European regime for the protection of international human rights, including the European Social Charter and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment<br/>
- Knowledge about the prohibition of abuse of rights, limitation on the use of restrictions on rights, and the safeguarding for existing human rights (Arts. 17 18 and 53)<br/>
- Knowledge of the right to education (Prot. 1 Art. 2)<br/>
- Knowledge of the right to free elections (Prot. 1 Art. 3)<br/>
- Knowledge of the freedom of movement (Prot. 4 Art. 2)<br/>
- Knowledge of the prohibition of expulsion (Prot. 4 Arts. 3 and 4, and Prot. 7 Art. 1)<br/>
Skills and competences:<br/>
Having passed the exam, the student will: <br/>
- Be able to identify and analyze legal problems of both theoretical and practical character regarding human rights in light of the Convention<br/>
- Be able to apply the relevant sources and discuss methodological issues in a critical and independent way<br/>
- Be able to identify and discuss de lege ferenda some of the more controversial topics within the field of law covered<br/>
- Have obtained enhanced skills in constructing and communicating legal reasoning in a clear and precise manner<br/>
- Be able to use English terminology applicable to this field of law<br/>
See also Specification for the Masters Degree in Jurisprudence at the University of Tromsø, Sec 1, last paragraph.