European Convention On Human Rights (LAWM008)

StaffDr Ana Beduschi - Convenor
Credit Value15
Academic Year2013/4
ECTS Value7.5
NQF Level7
Pre-requisitesNone
Co-requisitesNone
Duration of Module Term 1: 6 weeks;

Module aims

This course aims at assessing the principles that underlie the jurisprudence of European Convention on Human Rights. This assessment will be couched in the context of judicial activity in Europe at both municipal and inter-state levels. This course also aims at analysing the practice of the Convention, thus providing for a practical perspective of the Convention and of its reception in the different Member States.

ILO: Module-specific skills

  • 1. critically analyse legal principles and cases emerging under the terms of the Convention;
  • 2. understand, analyse and evaluate the case law and the impact of the Convention in national law;
  • 3. understand and critically analyse the theory and practice used by the Court in its interpretation of the Convention;
  • 4. understand how to petition the Court;
  • 5. identify legal problems under the European Convention on Human Rights and relate these to the emerging regime of international human rights law;

ILO: Discipline-specific skills

  • 6. use, in an effective manner, primary ECHR resources;
  • 7. apply general principles of law to the Convention;

ILO: Personal and key skills

  • 8. conduct independent study and group work, including the ability to present material developed through the mode of learning for group discussion; and
  • 9. research original and secondary sources for purposes of preparing, within a deadline, a coherent and analytical account of the results of the research.

Syllabus plan

Lecture 1 : Introduction Lecture: Background, context, institutions

Seminar 2: Rights, principles and theories of the Convention

Seminar 3: Rights, principles and theories of the Convention

Seminar 4: Rights, principles and theories of the Convention

Seminar 5: The Convention at work: individual petitions, inter-state petitions, theories of interpretation

 

The course will begin with 3 hours of introductory lectures on the European system of protection of human rights (background, context, institution, functioning, theories and practice). 12 hours will then be divided into 4 fortnightly seminars, requiring active participation of the whole group under guidance of the tutor. At least one student will have to research, write and present a Paper to the rest of the group; all students should read this Paper in advance as well as study a selection of the material recommended on the lecturers' handouts. In addition, students work independently on the examination essay.

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
15 135 0

Details of learning activities and teaching methods

CategoryHours of study timeDescription
Scheduled Learning and Teaching Activities3 hoursLectures
Scheduled Learning and Teaching Activities12 hoursSeminars
Guided Independent Learning135 hoursIndependent study

Formative assessment

Form of assessmentSize of the assessment (eg length / duration)ILOs assessedFeedback method
Seminar essay and oral presentation1500 words1-9Written feedback

Summative assessment (% of credit)

CourseworkWritten examsPractical exams
10000

Details of summative assessment

Form of assessment% of creditSize of the assessment (eg length / duration)ILOs assessedFeedback method
Essay1003,750 words1-9Written feedback

Details of re-assessment (where required by referral or deferral)

Original form of assessmentForm of re-assessmentILOs re-assessedTimescale for re-assessment
Essay Essay (3,750 words)1-9August/September Assessment

Indicative learning resources - Basic reading

Alistair Mowbray, Cases, Materials and Commentary on the European Convention on Human Rights, OUP, 2012.

Alistair Mowbray, The development of positive obligations under the European Convention on Human Rights by the European Court of Human Rights, Oxford: Hart Publishing, 2004.

Clare Ovey and Robin C. A. White, Jacobs White & Ovey: The European Convention on Human Rights, OUP, 2010.

David Harris, Michael O'Boyle Colin Warbrick and Ed Bates, Law of the European Convention on Human Rights, OUP, 2009.

Pieter van Dijk, Theory and Practice of the European Convention on Human Rights, Antwerpen: Intersentia, 2006.

Module has an active ELE page?

Yes

Indicative learning resources - Web based and electronic resources

Council of Europe Website: http://www.echr.coe.int

ELE –– http://vle.exeter.ac.uk/

 

Indicative learning resources - Other resources

Web based and electronic resources:

www.dbis.gov.uk

Available as distance learning?

No

Origin date

18/08/2012

Last revision date

28/08/2013

Key words search

Human rights; Fundamental rights; Civil and Political Rights; Economical and Social Rights; European Convention on Human Rights; Europe; Judicial activity