SubjectsSubjects(version: 964)
Course, academic year 2024/2025
   Login via CAS
Theory and practice of the European convention on human rights - HASC10
Title: Theory and practice of the European convention on human rights
Guaranteed by: International Office (22-ZO)
Faculty: Faculty of Law
Actual: from 2023
Semester: summer
Points: 0
E-Credits: 5
Examination process: summer s.:combined
Hours per week, examination: summer s.:0/2, Ex [HT]
4EU+: no
Virtual mobility / capacity: no
Key competences: 4EU+ Flagship 2
State of the course: taught
Language: English
Teaching methods: full-time
Level:  
Note: course can be enrolled in outside the study plan
enabled for web enrollment
Guarantor: Mgr. Petr Agha, LL.M., Ph.D.
Teacher(s): Mgr. Petr Agha, LL.M., Ph.D.
Annotation -
Annotation:


This is a multi-disciplinary course that provides students with a rigorous and focused engagement with different
disciplinary perspectives on the subject of human rights including philosophy, sociology and law. It provides
students with contending interpretations of human rights as an idea and practice from the different standpoints that
the disciplines present. The course applies the insights of disciplinary frameworks of understanding to key human
rights issues such as universality, the right to life, free speech and globalization.

This course is designed to provide students with a broad introduction to the conceptual and legal problems
raised by the development of a global human rights regime and to help students think their way through some of
the complexities of European human rights law. It will provide an introductory analysis to the jurisprudence of
the European Court of Human Rights and the substance of European human rights law, by looking at different
generations of rights, their content and relation to each other, through an analysis of different “functions” of
human rights (protection, participation, distribution, inclusion).



Last update: Marešová Svatava, Ing. (04.01.2023)
Course completion requirements

The guarantor teaches 100 % classes. 

Last update: Friedel Tomáš, Mgr., Ph.D. (18.01.2018)
Requirements to the exam -

Exam:

essay or oral examination

Means of communication: MS Teams

Last update: Marešová Svatava, Ing. (04.01.2023)
Syllabus -

Syllabus:

1. What are “international human rights” and who cares? (The philosophy, politics, and critique of human rights, The history of international human rights)

2. The Substantive Dimension (The Sources of Human Rights Law: Types, generations and hierarchies of rights. Human rights: Between Universalism and Relativism Interpretation of human rights treaties. Limitations, exceptions, derogations.)

3. The future of the Strasbourg Court and enforcement of ECHR standards: reflections on the Interlaken process. Democracy as an instrument of justice (Developments in legal theory on democracy and justice. Development of the scope of human rights. Can human rights be cultural, social, economical, individual or collective?)

4. Substantive rights: Non-derogable rights (Art. 2 The Right to Life, Art. 3 Prohibition of Torture) 

5. Substantive rights: Derogable rights (Art. 5 Right to Liberty and Security of Person, Art. 6 Due Process, Right to a Fair Trial, Civil Rights and Obligations, Art. 8 - 11 General introduction)

6. Substantive rights: Derogable rights (Art. 8 Privacy, Family, Home and Correspondence, Art. 9 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association).

7. General provisions affecting Convention rights (Art. 13 Right to an Effective Remedy Before a National Authority, Art. 14 Prohibition of Discrimination, Sanctions and supervision of the Courts judgements) 

8. The Convention and the EU (Relations Between Legal Systems: International Law, Community Law and National Law, The role of international law)

9. Substantive Law and the Common market (Conflicting treaties in international law, The Community Treaties and the Human Rights)

10. Concluding seminar

Course Goals:

On completion of the course, students will demonstrate an ability to

· think and argue about legal concepts, topics and issues
· demonstrate skills of selecting relevant ideas, balancing and evaluating them
· present concepts and arguments both orally and in written form coherently and effectively

 

Last update: Marešová Svatava, Ing. (04.01.2023)
Learning resources - Czech

P Agha, Human Rights between Law and Politics, Hart / Oxford 2016

S Greer, The European Convention on Human Rights: Achievements, Problems and Prospects, Cambridge University Press, 2006.

G Letsas, A Theory of Interpretation of the European Convention on Human Rights, Oxford University Press 2009.

Last update: Sojka Miroslav, Mgr. (09.01.2018)
 
Charles University | Information system of Charles University | http://www.cuni.cz/UKEN-329.html