EUROPEAN HUMAN RIGHTS POLICIES AND INSTRUMENTS MOD. 2

Academic year
2018/2019 Syllabus of previous years
Official course title
EUROPEAN HUMAN RIGHTS POLICIES AND INSTRUMENTS MOD. 2
Course code
LM6170 (AF:277480 AR:161340)
Modality
ECTS credits
6 out of 12 of EUROPEAN HUMAN RIGHTS POLICIES AND INSTRUMENTS
Degree level
Master's Degree Programme (DM270)
Educational sector code
IUS/13
Period
2nd Semester
Course year
1
Moodle
Go to Moodle page
The course is among the activities that characterise the Master degree in international and cross-cultural relations (corso caratterizzante). It is composed of two modules, designed to provide a deep knowledge of the Council of Europe law, and of European (both Council of Europe and EU) mechanisms for the protection of human rights. It will be developed in cooperation with the Council of Europe, office of Venice.

The second module will explore in depth the protection of human rights in the European system, in particular at the Council of Europe level. It will include the analysis of selected judgments of the European Court of Human Rights.



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
- Introduction: regional systems of protection of human rights – Inter-American, Asian, African system. Our focus: the European system.
- The European Convention on Human Rights
- Underlying convention principles, such as proportionality, margin of appreciation, the convention as a living instrument, positive obligations.
- The European Court of Human Rights
- Structure of the complaints, rules of procedure, judgments, execution of judgments, jurisdiction of the court.
- Substantive rights of the European Convention: each right will be analysed using judgments of the European Court of Human Rights. One judgment will be provided the week before in order to be the starting point for discussion.
Article 2: right to life.
Article 3 prohibition of torture
Article 4: prohibition of slavery
Article 9 - Freedom of thought, conscience, and religion.
Article 10 – Freedom of expression.
Article 14 and protocol 12 – Non-Discrimination
- The European Social Charter and the peculiarities of the system of compliance.
-The Council of Europe Istanbul Convention

- The protection of human rights at EU level: evolution and selected cases of the European Court of Justice
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
Accessibility, Disability and Inclusion
Accommodation and support services for students with disabilities and students with specific learning impairments

Ca' Foscari abides by Italian Law (Law 17/1999; Law 170/2010) regarding support services and accommodation available to students with disabilities. This includes students with mobility, visual, hearing and other disabilities (Law 17/1999), and specific learning impairments (Law 170/2010). If you have a disability or impairment that requires accommodations (i.e., alternate testing, readers, note takers or interpreters) please contact the Disability and Accessibility Offices in Student Services: disabilita@unive.it.
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This subject deals with topics related to the macro-area "International cooperation" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development

Definitive programme.
Last update of the programme: 06/01/2019