Type of grading | Type of work | 1st year | Characteristics | |||
1 | 2 | 3 | 4 | |||
Current | Homework | 4 | 3 | see below | ||
Essay | 5 | Paper | ||||
Midterm | Test | 9 | 9 | Midterm test (1st module) Midterm exam (2nd module) | ||
Final | Final exam | 9 | Oral exam |
6.1 Критерии оценки знаний, навыков / Grading Criteria
Homework №1
In the case-study the student should be able to demonstrate his ability to apply the theory learned at classes and from the recommended literature to a concrete situation. He should be able to demonstrate the ability to identify the existence of a particular human rights problem and present clear and constructive arguments why he/she considers that there has/hasn’t been a violation of human rights in this given case in the light of the case-law of the ECtHR. Paper - no less 3500 symbols.
Homework №2
The student will need to make a presentation in class on a given topic. The presentation should be clear and concise. The students can choose a certain case among those proposed by the professors one week in advance. The presentation should include a brief explanation of the factual context and an analysis of the Court’s reasoning (how the Court comes to its final conclusion). The student is also expected to take a broader approach and talk about the general issue and the importance of the judgment. Finally, the student should present his own personal assessment (whether he agrees or not with the Court’s reasoning).
Examples of topic:
Ø The problem of euthanasia: ECtHR judgment in the case of Pretty v. UK;
Ø The issue of religious symbols: ECtHR judgment in the case of Dogru v. France;
Ø Analysis of the ECtHR judgment in the case of Evans v. United Kingdom.
Essay
Final paper should be a research based on concrete examples exploring any human rights campaigns from the point of view related to the following:
Ø Thickening Social Relations of Civil Society: Practices (and Perils) of Global Justice
Ø The Politics of Human Rights, and the Influence of Human Rights on Politics
Ø Economic Globalization and Human Rights
Ø Marketing Human Rights: The Practices of Non-Governmental Organizations (NGOs)
Ø The Rise of Corporate Rights: From Legal Personhood to Human Rights
Ø Environment and human rights
Ø Transnational Social Movements and the Problem of State and Corporate Impunity
Ø Human Rights and Diversity Issues
Ø The “New Wars” and the Changing Politics of Sovereignty, Security, and Humanitarian Intervention
Ø Freedom of Associations and Peaceful Assemblies
Ø Freedom of Speech and Media
Ø Battling over the Meaning of a New International Norm: The Responsibility to Protect (R2P)
Ø Constructing Human Rights-Free Zones within a Transnational Network of Governance.
Final Paper proposed structure:
1. Problem-defining
2. Campaign description
3. Strategy of the campaign
4. Who cares?
5. Discourses of the campaign
6. Successes and challenges:
Written papers criteria:
1) Logical coherence
-Organize your thoughts and information in a clear order.
-State your observations and conclusions clearly.
-Use evidence to support your conclusions.
2) Engagement with course issues and concepts
-In every paper, make use of concepts/methods of analysis discussed in class.
-Be sure to incorporate at least three course readings/lectures into any research paper you write. Shorter critical essays must incorporate the key concepts from at least one course reading/lecture.
3) Quality of your particular analysis
-Try to make your paper interesting and unique.
-Try to go beyond simply re-stating someone else's argument.
-Always make sure that your paper ends with a clear and interesting conclusion.
Midterm test
The multiple choice test requires to select all the correct options.
Example:
What is the difference between the Council of Europe and the European Council?
a) The Council of Europe is the highest political body of the European Union while the European Council is an independent intergovernmental organization
b) The European Council is the highest political body of the European Union while the Council of Europe is an independent intergovernmental organization
c) The Council of Europe mainly focuses on issues of democracy and human rights while the European Council focuses on the process of integration in the EU
d) The European Council and the Council of Europe is the same body which is called differently in different countries
Correct answer: b, c
The midterm exam
The midterm exam will include a case-study. In the case-study the student should be able to demonstrate his ability to apply the theory learned at classes and from the recommended literature to a concrete situation. He should be able to demonstrate the ability to identify the existence of a particular human rights problem and present clear and constructive arguments why he/she considers that there has/hasn’t been a violation of human rights in this given case in the light of the case-law of the ECtHR. Paper - no less 3500 symbols.
Final exam
During the oral exam the student should demonstrate the knowledge of theoretical and normative literature on the topics of the course, a good understanding of the functioning of the international/regional mechanisms of HR protection; ability to analyze ability to summarize and to confront arguments, facts and points of view given in the reading materials and lectures; ability to discuss the topics covered within the frame of the course on a high level.
Sample questions for the oral exam:
The overall characteristics of the international human rights organizations. Overview and characteristics of the UN system of charter-based institutions. Human rights related activities of the UN charter-based institutions. Overview and characteristics of the UN system of treaty-based bodies. Critics of the system. Characteristics of activities of the UN Human Rights Council. Functioning of the ECtHR Jurisdiction of the ECtHR ECtHR in protection of the right to life: positive obligations of the states ECtHR in protection of the right to life: negative obligations of the state ECtHR in protection of rights guaranteed by the Article 3 of the European Convention ECtHR in protection of the right to respect for private and family life ECtHR in protection of the right to a fair trialImplementation of the ECtHR judgments in Russia – problems and perspectives.
7 Содержание дисциплины / Course Contents
I. THEORY-ORIENTED PART
Topic 1. Three Generations of Human Rights Discourse: Neo-liberalism, Socialism, and Post-Colonialism.
Reconciling Cultural Diversity Within the UN Localizing Human Rights Norms
What are human rights? How are they different from other rights -- like civil rights? Where do they come from? How do we study them? Why does the language of “rights” dominate the texts of the declarations and treaties as well as, in many states, the new constitutions and even the slogans and polemics of political debate? Human rights are embedded in law, morality, and politics. The point of human rights has historically been to criticize legal authorities and laws that violate human rights.
But where do human rights come from? The idea of the “source” of human rights contains an important and confusing ambiguity: it can refer to the social origins or the ethical justification of human rights. This distinction suggests two different questions, respectively, why do we have human rights and why should we have human rights?
Are there other important values aside from human rights (for example, “national security,” “national sovereignty,” “good governance” or “economically sustainable growth”), and if so, how are human rights related to them? In other words, what are the limits and well as the value of human rights? Understanding human rights requires conceptual analysis, moral judgment, and social scientific knowledge. The concept of human rights is an interdisciplinary concept.
Recommended reading:
Michael K. Addo, “Practice of United Nations Human Rights Treaty Bodies in the Reconciliation of Cultural Diversity with Universal Respect for Human Rights,” Human Rights Quarterly 32: 3 (2010): 601-664.
Ken Booth (1999) “Three Tyrannies,” in Tim Dunne and Nicholas J. Wheeler (eds.), Human Rights in Global Politics (Cambridge: Cambridge Press, 19
Sally Engle Merry, Human Rights and Gender Violence: Translating International Law into Local Justice (Chicago University Press 2006), Introduction
Thomas Weiss et al., Chapter 6. The United Nations, Human Rights, and Humanitarian Affairs” in Thomas G. Weiss et al (eds), The United Nations and Changing World Politics, Sixth Edition (Westview Press, 2010), pp. 149-176
Topic 2. Institutionalization of Human Rights: Human Rights In International Legal Order. Interaction between HR, IHL and ICL.
What was the contest of institutionalization of human rights in international legal order? Where is the place of human rights in international law? How do human rights interact with other spheres of international law, especially with the international humanitarian law and international criminal law? How do we distinguish these branches of law? What is the nature and the scope of state’s obligations following respect of human rights.
The answers to these questions would allow to give an understanding of the specifics of human rights, their imperfections and advantages and most of all – what we all may expect in reality in terms of respect of human rights.
Recommended reading and links:
The Universal Declaration of Human Rights (available at http://www. un. org/en/documents/udhr/ ), the International Covenant on Economic, Social and Cultural Rights 1966 available at (http://www2.ohchr. org/english/law/cescr. htm), the International Covenant on Civil and Political Rights 1966 (available at http://www2.ohchr. org/english/law/ccpr. htm) and “Chapter 1. Looking at Rights,” in Andrew Clapham’s Human Rights.
Readers on interaction between HR, IHL and ICL
Thomas Risse and Kathryn Sikkink. (1999). “The Socialization of International Human Rights Norms into Domestic Practices: Introduction” in The Power of Human Rights. Thomas Risse, S. Ropp and K. Sikkink (eds.), pp.1-38.
Topic 3. Variety of the UN system of HR protection and Regionalization of mechanisms of HR protection: Development of International Justice and Human Rights
The present topic would cover a study of the existing UN mechanisms of HR protection explaining all possible types of monitoring of human rights violations, addressing the specific cases as well as possible reparations within the UN system.
The topic would also cover the issue of the codification of human rights on the regional level as a result of cultural, historical and social diversity of nations as well as creation of regional mechanisms of supra national control of respect of human rights.
Recommended reading and links:
Readers on the UN mechanisms. The UN web-site: www. un. org
CoE portal for Human Rights issues: http://www. coe. int/t/dghl/standardsetting/cddh/default_en. asp
Inter-American system of protection of human rights : http://www. oas. org/en/iachr/ and http://www. corteidh. or. cr/index. php/en
African Court on Human and People’s rights : http://www. african-court. org/en/
Sperling, Valerie (2009): Trials and Tribulations - Transnational Judicial Institutions. In: Altered States - The Globalization of Accountability. Cambridge University Press: Cambridge [u. a]. p. 221-276.
Trochev, Alexei (2009): All Appeals Lead to Strasbourg? Unpacking the Impact of the European Court of Human Rights in Russia. In: Demokratizatsiya Vol. 17, No. 2. p. 145-178.
Topic 4. The European System of Human Rights Protection. The functioning of the ECtHR
Being one of the most effective and progressive system of human rights protection, Council of Europe’s experience must be focused on specifically. In particular, this would include analysis of main actors within CoE (PACE, Committee of Ministers, European Court of Human Rights etc), their mandates and functions, the methods of work in achieving their goals etc. In order to understand the functioning of the European System of Human Rights it is important to see how it developed over time. Thus, it is necessary to speak about the initial system established in 1953 and its evolution – the reforms brought by Protocol No.11 and Protocol No.14.
An important part of the lecture would be devoted to the role of the ECtHR and its influence in the development of human rights in the Russian legal order and society. Among the questions that will be discussed are the structure of the Court, the Court’s jurisdiction and the admissibility criteria of the applications. Finally, the procedure before the Court will also be explained, which will allow subsequently to have moot court exercises on some of the topics. The emancipation of the applicant and the role of NGOs will also be explained within this process.
Finally, the last part of the lecture will be devoted to a critical assessment of the functioning of the Strasbourg system. Students will be offered an opportunity to discuss the main problems and challenges that the Court is facing today, as well as the ongoing reform of the Court.
Recommended readings and links:
Mark W. Janis, Richard S. Kay, and Anthony W. Bradley, European Human Rights Law: Text and Materials. Third edition (Oxford University Press, 2008)
David Harris, Michael O'Boyle, Edward Bates, and Carla Buckley, Law of the European Convention on Human Rights. Second Edition (Oxford University Press, 2009)
Paul Lemmens, Wouter Vandenhole, Protocol No. 14 and the Reform of the European Court of Human Rights (Intersentia, Antwerpen - Oxford, 2005)
Европейское право. Право Европейского Союза и правовое обеспечение защиты прав человека: учебник / рук. авт. кол. и отв. ред. . – 3-е изд. – М.: Норма : ИНФРА-М, 2011.
Рывкин понимание основных прав в практике Европейского Суда по Правам Человека. К 50-летнему юбилею Суда. МЖМП №2, 2010.
Convention for the Protection of Human Rights and Fundamental Freedoms http://www. echr. coe. int/Documents/Convention_ENG. pdf
Opinion of the Court on Protocol 15 http://www. echr. coe. int/Documents/2013_Protocol_15_Court_Opinion_ENG. pdf
Opinion of the Court on Protocol 16 http://www. echr. coe. int/Documents/2013_Protocol_16_Court_Opinion_ENG. pdf
Guide on admissibility criteria http://www. echr. coe. int/Documents/Admissibility_guide_ENG. pdf
http://hub. coe. int/web/coe-portal/home
http://www. echr. coe. int/Pages/home. aspx? p=home&c=fra
http://ehracmos. *****/files/training-manual. pdf
http://ehracmos. *****/
http://www. interights. org/our-cases/index. html
Topic 5. Human Rights in the EU and beyond: concept and practice (Normative Power of EU)
The attachment to values of democracy, human rights and rule of law is one of the principal characteristics of the European Union. But has it always been so? What is the role of the common values in the process of European integration? Is it possible to challenge the lawfulness of actions taken by EU institutions or individual member-states on the ground that they are not in conformity with fundamental rights? Are there any political or legal mechanisms that would prevent member-states from simply ignoring their obligations? In order to answer these questions it is necessary to take a look at the history of European integration and analyze the corresponding provisions of the founding Treaties and of the Charter of Fundamental rights.
In this regard it is also be pertinent to consider the reasons why the EU decided to accede to the ECHR, taking into account that it has its own Charter of fundamental rights and that all of its member-states are also parties to the ECHR. What would be the consequences of such a step for the EU internal order and for the relation between the Court of Justice of the European Union and the European Court of Human Rights?
Finally, it is interesting to observe how the commitment to certain principles and values affect the way the European Union acts on the international scene. It is often said that the EU is essentially relying on soft power, but what does this concept truly mean? Is the promotion of human rights a goal or simply an instrument? What methods does the EU have at its disposal? This issues will be discussed both theoretically and on the concrete examples of EU-Russia relations and of the EU campaign for the abolition of death penalty.
Recommended readings and links:
Consolidated version of the Treaty on European Union http://eur-lex. europa. eu/LexUriServ/LexUriServ. do? uri=OJ:C:2012:326:0013:0046:EN:PDF
Consolidated version of the Treaty on the Functioning of the European Union http://eur-lex. europa. eu/LexUriServ/LexUriServ. do? uri=OJ:C:2012:326:0047:0200:EN:PDF
Declaration on European Identity http://www. cvce. eu/content/publication/1999/1/1/02798dc9-9c69-4b7d-b2c9-f03a8db7da32/publishable_en. pdf
EU Charter of Fundamental Rights http://www. europarl. europa. eu/charter/pdf/text_en. pdf
Draft accession agreement of the European Union to the European Convention on Human Rights http://www. coe. int/t/dghl/standardsetting/hrpolicy/Accession/Meeting_reports/47_1(2013)008rev2_EN. pdf
Douglas-Scott, S. A Tale of Two Courts: Luxembourg, Strasbourg and the Growing European Human Rights Acquis // Common Market Law Review. – 2006. – P. 619
Jacqué J., The accession of the European Union to the European Convention on Human Rights and Fundamental Freedoms, (20Common Market Law Review, Issue 4,p. .
Lock T., 'Walking on a tightrope: The draft ECHR accession agreement and the autonomy of the EU legal order' (20Common Market Law Review, Issue 4, pp. 1025–1054
Manners I, Normative Power Europe: A Contradiction in Terms? http://onlinelibrary. /doi/10.1111/.00353/pdf
Toth, `The European Union and Human Rights: The Way Forward', 34 Common Market Law Review (1997)
II. PRACTICE-ORIENTED PART
Topic 6. Structure of Human Rights. Right to life.
Human Rights, as being a complex group of legal rules, is classified according to various criteria. This is important to keep in mind to be able to easily understand the specific of the right in question, it’s scope and content.
Thus, human rights are divided in several groups (Individual/Collective Rights; Fundamental rights/Rights allowing derogations etc);
What does right to life mean? What is the scope of the right to life? What are the specific elements that compose the right to life?
The current lecture is aimed at providing students with a general understanding of a legal concept of the right to life and various situations where the right to life may be breached in nowadays.
After a definition of the right to life as a universally recognized right of individuals, there will be description of various legal obligations of a state under this right. This would include: negative obligation not to deprive one’s life (arbitrarily or following a judicial decision), positive obligations to protect life and to conduct effective investigation if the right to life is violated.
Also this would include specific questions of when does the right to life begin, does the right to life include the right to death, whether it is possible to claim a violation of a right to life if a person remained alive etc. This would require to analyze and compare the approaches of different international judicial bodies such as European Court of Human Rights, Inter-American Court of Human Rights etc.
Furthermore, the current topic would also include study of cases illustrating various contexts of how the right to life may be violated even in nowadays. This includes use of lethal force by law-enforcement agencies, arbitrary executions, phenomenon of disappearances in North Caucasus, etc.
Recommended reading:
David Harris, Michael O'Boyle, Edward Bates, and Carla Buckley, Law of the European Convention on Human Rights. Second Edition (Oxford University Press, 2009)
Mark W. Janis, Richard S. Kay, and Anthony W. Bradley, European Human Rights Law: Text and Materials. Third edition (Oxford University Press, 2008)
Европейское право. Право Европейского Союза и правовое обеспечение защиты прав человека: учебник / рук. авт. кол. и отв. ред. . – 3-е изд. – М.: Норма : ИНФРА-М, 2011.
Комментарий к Конвенции о защите прав человека и основных свобод и практике ее применения / под общ. ред. и . – М.: Норма, 2002.
Стандарты Европейского Суда по правам человека и российская правоприменительная практика: сборник аналитических статей / под ред. . – М.: Анахарсис, 2005.
Туманов суд по правам человека. Очерк организации и деятельности. М.: Издательство НОРМА, 2001.
Энтин гарантии прав человека: опыт Совета Европы. М.: МНИМП, 1997.
Case of McCann and Others v. United Kingdom, ECtHR, 27.09.1995
Case of Salman v. Turkey, ECtHR, 27.06.2000
Case of Isayeva *****ssia, ECtHR, 24.02.2005
Case of Osman v. United Kingdom, ECtHR, 28.10.1998
Case of Pretty v. United Kingdom, ECtHR, 29.04.2002
Topic 7. Prohibition of Torture.
It is important to clarify what torture within a legal definition means. This concept is generally misused due to a wrong perception and misunderstanding of its legal meaning.
This lecture would clarify the meaning of “torture” and distinguish it from other forms of ill-treatment which is also divided in inhuman treatment and degrading treatment.
Concrete elements of each legal concept would be examined to give a clear understanding of differences between them.
Specific accent would be given to the Russian cases successfully brought to the ECtHR and the work of NGOs in this area (identification of systemic problems in Russia and lobbying of implementation of ECtHR’s judgments by NGOs).
Lastly, a case study would allow students to qualify the facts within the legal framework governing the prohibition of torture issue.
Recommended reading and links:
Committee against Torture (CAT) <http://www2.ohchr. org/english/bodies/cat/index. htm>
Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment <http://www2.ohchr. org/english/law/declarationcat. htm >
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) < http://www2.ohchr. org/english/law/cat. htm >
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) <http://www2.ohchr. org/english/law/cat-one. htm >
Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment <http://www2.ohchr. org/english/law/investigation. htm>
John G. Dale and Tony Roshan Samara, “Legal Pluralism within a Transnational Network of Governance: The Extraordinary Case of Rendition.” Law, Social Justice, and Global Development, Vol. 12: 2 (2008), Special Issue on “Legal Pluralism”). Available at http://www2.warwick. ac. uk/fac/soc/law/elj/lgd/2008_2/daleandsamara
David Harris, Michael O'Boyle, Edward Bates, and Carla Buckley, Law of the European Convention on Human Rights. Second Edition (Oxford University Press, 2009)
Mark W. Janis, Richard S. Kay, and Anthony W. Bradley, European Human Rights Law: Text and Materials. Third edition (Oxford University Press, 2008)
Европейское право. Право Европейского Союза и правовое обеспечение защиты прав человека: учебник / рук. авт. кол. и отв. ред. . – 3-е изд. – М.: Норма : ИНФРА-М, 2011.
Стандарты Европейского Суда по правам человека и российская правоприменительная практика: сборник аналитических статей / под ред. . – М.: Анахарсис, 2005.
Case of Ribitsch v. Austria, ECtHR, 04.12.1995
Case of Selmouni v. France, ECtHR, 28.07.1999
Case of Mouisel v. France, ECtHR, 14.11.2002
Case of Kalashnikov *****ssia, ECtHR, 15.07.2002
Case of Tyrer v. United Kingdom, ECtHR, 25.04.1978
Case of Saadi v. Italy, ECtHR, 28.02.2008
Topic 8. Deprivation of liberty and fairness of a judicial process
As the Court stated in several of his judgments under Articles 2 and 3, a person who has been arrested and detained is in a particularly vulnerable position. In this respect Article 5, which guarantees the right to liberty and security, plays a particularly important role as it contains a list of mandatory requirements that the state need to comply with in order for the detention/arrest to be considered as lawful.
Furthermore, guarantees and principles of a fair trial would allow students to assess the procedural type of human rights and to have an understanding of specifics of international justice as compared to national authorities under this head.
Recommended reading:
David Harris, Michael O'Boyle, Edward Bates, and Carla Buckley, Law of the European Convention on Human Rights. Second Edition (Oxford University Press, 2009)
Европейское право. Право Европейского Союза и правовое обеспечение защиты прав человека: учебник / рук. авт. кол. и отв. ред. . – 3-е изд. – М.: Норма : ИНФРА-М, 2011.
Комментарий к Конвенции о защите прав человека и основных свобод и практике ее применения / под общ. ред. и . – М.: Норма, 2002.
Handbook on the right to a fair trial: http://*****/rus/library/sborniki/echr2/echr_2.pdf
Case of Baranowski v. Poland, ECtHR, 02.10.2007
Case of Fox, Campbell and Hartley v. The United Kingdom, ECtHR, 30.12.1990
Case of Svipsta v. Latvia, ECtHR, 09.03.2006
Topic 9. Right to Private and Family life.
This topic would cover main aspects of private life: family life, protection of home, correspondence, one’s image, as well as the relationship between members of a family.
The scope of a state’s obligations will be analyzed in light of theory of margin of appreciation and a relative nature of the right to private life. This will be presented by a study of the ECtHR’s relevant case-law and its specifics: the Convention being a living instrument is constantly extends the substance of its rights under Article 8.
Separately a concept of positive and negative obligations of a state will be presented to students with the specific focus on a state’s positive obligations under the right to private life.
Recommended reading:
Mark W. Janis, Richard S. Kay, and Anthony W. Bradley, European Human Rights Law: Text and Materials. Third edition (Oxford University Press, 2008)
David Harris, Michael O'Boyle, Edward Bates, and Carla Buckley, Law of the European Convention on Human Rights. Second Edition (Oxford University Press, 2009)
Ivana Roagna, Protecting the right to respect for private and family life under the European Convention on Human Rights. Council of Europe human rights handbooks (Council of Europe, Strasbourg, 2012)
Европейское право. Право Европейского Союза и правовое обеспечение защиты прав человека: учебник / рук. авт. кол. и отв. ред. . – 3-е изд. – М.: Норма : ИНФРА-М, 2011.
Комментарий к Конвенции о защите прав человека и основных свобод и практике ее применения / под общ. ред. и . – М.: Норма, 2002.
Стандарты Европейского Суда по правам человека и российская правоприменительная практика: сборник аналитических статей / под ред. . – М.: Анахарсис, 2005.
Case of Maslov v. Austria, ECtHR, 23.06.2008
Case of Evans v. the United Kingdom, ECtHR, 10.04.2007
Case of Christine Goodwin v. the United Kingdom, ECtHR, 11.07.2002
Case of Von Hannover v. Germany (no. 2), ECtHR, 07.02.2012
Specific reading materials on Women’s rights:
Committee on the Elimination of Discrimination against Women (CEDAW)
http://www. un. org/womenwatch/daw/cedaw/
•Convention on the Elimination of All Forms of Discrimination against Women
http://www2.ohchr. org/english/law/cedaw. htm
•Optional Protocal to the Convention on the Elimination of All Forms of Discrimination against Women
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