JUR-3615 European Human Rights - 15 stp

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.

Knowledge:

Having passed the exam, the student has:

• 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)
• Advanced knowledge of the prohibition of slavery and forced labour (Art. 4)
• Advanced knowledge of the right to respect for private and family life (Art. 8)
• Advanced knowledge of the freedom of thought, conscience and religion (Art. 9)
• Advanced knowledge of the freedom of expression (Art. 10)
• Advanced knowledge of the freedom of assembly and association (Art. 11)
• Advanced knowledge of the protection of property (Prot. 1 Art. 1)
• Advanced knowledge of the prohibition of discrimination (Art. 14 and Prot. 12)
• Advanced knowledge of the opportunity to limit the application of rights and freedoms in the Convention  
• Good knowledge of the scope of the Convention (Arts. 1 and 56  58)
• Good knowledge about the structure of the European Court of Human Rights (Arts. 19 31, 36  52, 54  55, and the Rules of Court)
• Good knowledge of the admissibility criteria (Arts. 33  35)
• Good knowledge of the right to an effective remedy (Art. 13)
•  Good knowledge about the possibility to derogate (Art. 15)  
• 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
• 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)
• Knowledge of the right to education (Prot. 1 Art. 2)
• Knowledge of the right to free elections (Prot. 1 Art. 3)
• Knowledge of the freedom of movement (Prot. 4 Art. 2)
• Knowledge of the prohibition of expulsion (Prot. 4 Arts. 3 and 4, and Prot. 7 Art. 1)

Skills

Having passed the exam, the student:

• is able to identify and analyze legal problems of both theoretical and practical character regarding human rights in light of the Convention
• is able to apply the relevant sources and discuss methodological issues in a critical and independent way
• is able to identify and discuss de lege ferenda some of the more controversial topics within the field of law covered
• has obtained enhanced skills in constructing and communicating legal reasoning in a clear and precise manner
• is able to use English terminology applicable to this field of law

General competence

After passing the specialization, the student can:

• Apply the obtained knowledge and skills in the area of European Human Rights individually and in cooperation with others
• Communicate reasoning within the area of European Human Rights in a clear and precise manner, orally and in writing to the academic community and the general public
• Apply knowledge and skills acquired within the area of European Human Rights in all jurisdictions and for all tasks and projects where relevant, including for advanced tasks
• Identify and reflect on ethical dilemmas that work with issues in the area of European Human Rights in particular can lead to, and deal with these in a responsible manner

The date for the exam can be changed. The final date will be announced at your faculty early in May and early in November.

• Krzysztof Drzewicki, European Systems for the Promotion and Protection of Human Rights, in Catarina Krause and Martin Scheinin (eds.), International Protection of Human Rights: A Textbook, (2nd ed., Institute for Human Rights,  Åbo Akademi University, 2012) pp. 397 - 422 (26 pp.)
• David J. Harris, Michael OBoyle, Ed P. Bates and Carla M. Buckley, Harris, OBoyle & Warbrick Law of the European Convention on Human Rights, (3rd  ed., Oxford University Press, 2014) pp. 3-286, 503-753, 764-850, 852-966 (737 pp.)
• Antonio Bultrini, The Future of the European Convention on Human Rights after the Brighton Conference, Istituto Affari Internazionali Working Papers No. 12 - 23 (Istituto Affari Internazionali, 2012) (11 pp.)