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| Udgave: |
Jura Kandidatuddannelsen 2011/2012 |
| ECTS points: |
10 ECTS |
| Punkter: |
10 ECTS |
Semester: |
Forår 2012 |
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Jens Elo Rytter |
| Andre undervisere: |
Vibeke Huge Rehfeld, Ph.D. stipendiat |
| Undervisnings- periode: |
Tuesday and Thursday 10-12
1. day: Tuesday 31.1.2012 |
| Formål: |
The aim of the course is to provide students with a basic understanding of children’s rights in international law with particular focus on the specific legal challenges related to the protection of children under international human rights law and international humanitarian law.
Today, the questions of when, how and on what conditions the various legal regimes apply in relation to the legal protection of children in times of both peace and war are not just of theoretical interest, but are of profound and increasing practical relevance.
The international community has recognised that children both in times of peace and in times of emergencies and conflict are entitled to particular legal protection both in the form of firm legal norms and through the establishment of institutionalised protection mechanisms. Today, 193 states have ratified the UN Convention on the Rights of the Child, firmly underlining its status as the most widely supported human rights instrument in the world.
However, despite the apparent universal support to further the rights of the child, substantive challenges remain with regard to the interpretation and the implementation of already recognized norms as well as with regard to establishing a coherent understanding of the interaction between different and sometimes colliding legal regimes. An example of such a challenge is the legal uncertainty related to the protection of children in contemporary armed conflicts which flows from the arguably competing or incompatible norms stemming from international humanitarian law, international human rights law and/or other potentially applicable legal regimes.
The course will aim to give the students an understanding of the contents and interaction of the international legal obligations of states, international organisations and other entities in relation to the protection of children in international law. |
| Indhold: |
The course will be taught as a seminar. Instructor will present lectures followed by class discussions in which students will be expected to actively take part.
The course will give a general introduction to the background for the international rules on the special protection of children and the measures for providing and implementing this protection in times of peace and in times of emergencies and conflict. General issues also include introduction to relevant concepts of international law and the definition of the child under international law. Further, the course will provide an introduction to international human rights law and international humanitarian law related to the rights of children, focusing on the UN Convention of the Rights of the Child and the Geneva Conventions on the protection of the victims of war. The course will include materials from the UN’s Committee on the Rights of the Child and the UN Security Council’s Working Group on Children and Armed Conflict as well as a selection of relevant case law from international, regional and national courts/tribunals.
Further, the course will analyse the legal challenges related to relevant thematic issues such as:
• The right to life
• Protection of the family and the right to education
• Child labour
• Sexual exploitation including rape and other grave sexual violations against children
• Abduction, sale and trafficking
• Detention and punishment including prohibition on torture, capital punishment and life imprisonment
• Juvenile justice – minimum age and minimum guarantees
• Child refugees and IDPs
• Armed conflicts and occupation - recruiting of child soldiers, status and treatment of child combatants and military attacks on children
Similarities and differences between international human rights law and international humanitarian law as well as the legal and political challenges in applying the two legal regimes in relation to children will be analysed.
Specialists within different fields of international law related to children’s rights will be invited as guest speakers. |
| Kompetence- beskrivelse: |
The objective of the course is to enable students to:
• Present the concepts and principles of international human rights law and international humanitarian law related to the rights of the child under international law.
• Present and discuss the relevant legal instruments of international law for implementing and protecting children’s rights as well as the relevant reports and materials from relevant international institutions.
• Explain and discuss the relevant case law from international, regional and national courts and tribunals.
• Identify and discuss weaknesses and strengths as well as the legal and political implications of international law in relation to the rights of the child in specific situations, e.g. armed conflict and humanitarian emergencies.
• Communicate and formulate her/his knowledge and arguments professionally, linguistically correct and in a structured and coherent way.
• Improve her/his academic English skills. |
| Faglige forudsætninger: |
General/basic knowledge of International Law. A fair knowledge of the English language is a minimum requirement, not only for oral discussions but for reading a considerable amount of legal material. |
| Eksamensform: |
Examinations will be conducted orally. A relatively broad topic will be chosen at a random basis by the individual student. There will be 12-15 minutes time for preparation. The actual examination will last for another 12-15 minutes. Three examinations will be conducted per hour, including assessment of the performance. |
| Eksamen: |
21.-25. maj 2012 (preliminary dates) |
| Kursus hjemmeside: |
 |
| Pensum: |
Electronic compilation of relevant literature and articles (under construction). Total number of pages approximately 500 pages. |
| Sidst redigeret: |
11/5-2011 |