EUROPEAN HUMAN RIGHTS POLICIES AND INSTRUMENTS MOD. 1

The aim of this course is three-fold:
1) to equip students with legal language necessary to understand judgments by the European Court of human rights.
2) to equip the students with critical legal reasoning skills so that they can apply what they learn in the books in the analysis of current phenomena.
3) to provide the students with direct experience of the work of the Council of Europe through meetings with experts from Strasbourg and, provided that a minimum number of participants is achieved, through a field trip to Strasbourg.
At the end of the two modules the students:
1) should demonstrate knowledge and understanding of the Council of Europe law, differentiating this system from EU law; and of European human rights law (functioning of the European Court of Human rights, evolution of its jurisprudence, COE legal instruments for the protection of human rights, monitoring mechanisms, human rights in the EU)
2) could apply their knowledge and understanding in a manner that indicates a professional approach to their possible work or vocation (internships and work in NGOs, international organisations, agencies, consultants), in particular concerning the mechanisms of protection of human rights;
3) should have the ability to gather and interpret relevant legal instruments (both soft and hard law) of the present situation to elaborate legal reasonings that include reflection on relevant legal and political issues;
4) could communicate information, ideas, problems and solutions to both specialist and non-specialist audiences;
5) should have developed those learning skills that are necessary for them to continue to undertake more advanced courses or further study with a high degree of autonomy.

Basic knowledge of international law

- The Council of Europe as an international organisation (difference with the European Union): structure and bodies
- The Council of Europe in the European multilateral architecture
- History and mandate
- Bodies of the Council of Europe and their mandate
- Partial agreements
- Monitoring mechanisms with specific regard to anti-discrimination and fight against corruption
- Protection of human rights in the international system
- Children’s rights
- Women’s rights

The reference book for the two modules is the same.

P. Leach, Taking a case to the European Court of Human Rights (Oxford, 4. edition, student version): ch. 1,2, 3, 4, 5, 6 (only articles 1, 2, 3, 4, 8, 9, 10, 14), ch. 7 and 8 only summary.

In addition to that, students are required to study one of the judgments at their choice uploaded on moodle.

The most recent report on the status of human rights, democracy and the rule of law (available online).

Additional readings for non-attending students (one at your choice):

1) Renate Kicker (ed.) The Council of Europe - Pioneer and guarantor for human rights and democracy (Strasbourg, 2010), all the book except "The Council of Europe and its relevance for Austria".

2) Florence Benoît-Rohmer and Heinrich Klebes, Council of Europe law. Towards a pan-European legal area (Strasbourg, 2005) limited to part I and part III.

3) Birte Wassenberg, History of the Council of Europe, Council of Europe publishing, 2013

4) Jean Petaux, L'Europe de la démocratie et des droits de l'homme, editions du Conseil de l'Europe, 2009

5) D. Huber, A Decade which made history (Strasbourg, 1999).

The exam will cover both module 1 and module 2.
For those who are attending the course:

- 50 per cent: oral and/or written presentation (or only written according to the number of the participants), participation to the classes and seminars.
- 50 per cent: oral exam.
The written and/or oral presentation is aimed at: a) assessing whether students have acquired the legal language necessary to understand judgments by the European Court of human rights, and the main legal instruments of the Council of Europe; b) assessing whether students can apply what they learn in the books in the analysis of current phenomena.

The oral exam is aimed at assessing knowledge and understanding of the Council of Europe law, differentiating this system from EU law; and of European human rights law. Questions will verify the capacity of the student to support an argument.

For those who are not attending the course:

- Oral exam
The oral exam is aimed at assessing knowledge and understanding of the Council of Europe law, differentiating this system from EU law; and of European human rights law. Questions will verify the capacity of the student to support an argument.

- Lectures
- Debates
- Seminars with experts from the Council of Europe
- Conferences on human rights
- (whether possible) field trip to Strasbourg