- Overview
- Module description
European Convention on Human Rights (LAWM670)
This module description relates to the academic year 2011/2.
| Lecturer(s) | Dr. Michael Addo |
|---|---|
| Module level | M |
| Credit Value | 30.00 |
| ECTS Value | 15 |
| Pre-requisites | None |
| Co-requisites | None |
| Duration of Module | Two terms |
| Total Student Study Time | 300h: 9h lectures, 3h web-based exercises, 18h seminars, 270h independent study |
Aims
This course aims at assessing the nature and value of 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
Intended Learning Outcomes
Module-specific skills:
1. Ability to analyse legal principles and cases emerging under the terms of the Convention.
2. Ability to understand the case law and the impact of the Convention in national law.
3. Ability to understand the theory and practice used by the Court in its interpretation of the Convention.
4. Ability to understand how to petition the Court.
5. Ability to identify legal problems under the European Convention on Human Rights and relate these to the emerging regime of international human rights law.
Discipline-specific skills:
6. Ability to use, in an effective manner, primary ECHR resources.
7. Ability to apply general principles of law to the Convention.
Personal and key skills:
8. Capacity to conduct independent study and group work, including the ability to present material developed through the mode of learning for group discussion.
9. Capacity to research original and secondary sources for purposes of preparing, within a deadline, a coherent and analytical account of the results of the research.
Learning/Teaching Methods
The course will begin with 9 hours of introductory lectures on the European system of protection of human rights (background, context, institution, functioning, theories and practice) as well as with 3 hours devoted to the ECHR web sources (review of web-based exercises).
18 hours will then be divided into 6 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.
Assignments
Seminar essay, forming the basis of a presentation to the group, which is formatively assessed and does not count towards the end-of-module assessment (ILOs 1-9).
The aim of this assignment is to assess - as explained below - all the different intended learning outcomes.
This essay will assess the student's capacity to conduct independent study and research within a deadline and his/her ability to present his/her findings before the group (ILOs 8 and 9). For this essay, the student will have to demonstrate a capacity to identify legal problems arising under the Convention (ILO 5) as well as a full understanding and analysis of the legal principles and cases emerging under the terms of the Convention (ILO 1), including their significance and impact in both domestic law and international human rights law (ILOs 2 and 5). The student will also have to show his/her ability to apply general principles of law to the Convention (ILO 7) as well as his/her comprehension of the practice of the Strasbourg Court, including its theories of interpretation and its practice as regards standing (ILOs 3 and 4).
Ultimately, for the completion of this assignment, the student will have to demonstrate his/her capacity to use, in an effective manner, primary ECHR resources and to research secondary sources for the purposes of preparing, and presenting, a coherent and analytical account of the results of the research (ILOs 6, 8 and 9).
Students will get individualised feedback, from both their tutor and from their peers, on their paper and on their presentation skills.
Assessment
The above-detailed assignment is a formative assessment, on which each student will receive individualised feedback.
The summative assessment takes the form of one assessed essay of maximum 3,750 words and one examination, both examining students' detailed knowledge of the significance and jurisprudence of the European Convention on Human Rights (ILOs 1-7, 9). Both assessments will assess all the intended learning outcomes, apart from the personal and key skill of presenting material before the group (which is however assessed in the above-detailed assignment).
Indeed, for the purposes of the essay, the student will have to demonstrate his/her ability to pursue independent research and to produce a coherent and analytical account of the findings of this research within a precise deadline (ILO 9).
In both the essay and the examination, the student will have to show his/her ability to identify legal problems arising under the Convention (ILO 5), to understand and to analyse legal principles and cases emerging under the terms of the Convention (ILO 1), including their impact in domestic law and their significance with respect to international human rights law (ILOs 2 and 5). The student will also have to demonstrate his/her capacity to apply general principles of law to the Convention (ILO 7) as well as a complete understanding of the theory and practice used by the Strasbourg Court in its interpretation of the Convention, including the issue of standing (ILOs 3 and 4).
Ultimately, the student will have to show, in both assessments, his/her ability to use, in an effective manner, primary and secondary ECHR sources (ILO 6).
Students will get formal written individualised feedback on both assessments.
Syllabus Plan
Seminar 1 : Introduction Lecture: Background, context, institutions
Seminar 2 : Web-based exercises (Council of Europe website, HUDOC database)
Seminar 3 : Principles and theories of the Convention
Seminar 4 : The Convention at work: individual petitions, inter-state petitions, theories of interpretation
Seminar 5 : The right to life
Seminar 6 : The prohibition of torture
Seminar 7 : Right to Privacy and Freedom of Expression
Seminar 8 : Right to a Fair Trial
Seminar 9 : Derogations, Reservations, Exceptions
Seminar 10 : Just satisfaction
Indicative Basic Reading List
Addo, Michael, Are judges beyond criticism under Article 10 of the European Convention on Human Rights? (1998) 47 ICLQ 425-438.
Addo, Michael and Grief, Nicholas, Does Article 3 of the European Convention on Human Rights enshrine absolute rights? (1998) 9 EJIL 510-524.
Amos, Merris, Human Rights Law , Hart Publishing, 2006.
Bonner, David, Fenwick, Helen and Harris-Short Sonia, Judicial Approaches to the Human Rights Act (2003) 52 ICLQ 549-586.
Dijk, Pieter van, Theory and Practice of the European Convention on Human Rights, Fourth edition, Antwerpen: Intersentia, 2006.
Gomien, Donna, Short guide to the European Convention on Human Rights , Third edition, Strasbourg : Council of Europe Publishing, 2005.
Harris, D.J., O'Boyle, M. and Warbrick, C. et al., Harris, O'Boyle & Warbrick Law of the European Convention on Human Rights , Second Edition, Oxford: OUP, 2009.
Macdonald, R. St. J. , Matscher, F. and Petzold (Eds), The European System for the Protection of Human Rights, Kluwer Law International, 1993.
Mowbray, Alastair R., The development of positive obligations under the European Convention on Human Rights by the European Court of Human Rights , Oxford: Hart Publishing, 2004.
Mowbray, Alastair, Cases and Materials on the European Convention on Human Rights, Second Edition, Oxford University Press, 2007.
Ovey, Clare and White, Robin C.A., Jacobs & White The European Convention on Human Rights , Fourth edition, Oxford University Press, 2006.
Wadham, John, Mountfield, Helen, Edmundson, Anna and Gallagher, Caoilfhionn, Blackstone's Guide to The Human Rights Act 1998 , Fourth Edition, Oxford University Press, 2007.
Full text of judgments can be through the Council of Europe Website: http://www.echr.coe.int/
Council of Europe , ECHR, Series B: Pleadings, oral Arguments and Documents .
Council of Europe , ECHR, Series A: Judgement and Decisions.
Council of Europe , Reports of Commission and Resolutions of the Committee of Ministers.
