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| Udgave: |
Jura Kandidatuddannelsen 2012/2013 |
| ECTS points: |
10 ECTS |
| Punkter: |
10 ECTS |
| Skemagruppe: |
B2 |
Semester: |
Autumn |
|
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Anders Henriksen |
| Andre undervisere: |
Ph.D. Miriam McKenna |
| Undervisnings- periode: |
Every tuesday 12-15
1. day: Tuesday 4. september 2012 |
| Formål: |
The European Court of Human Rights is entrusted with the task of interpreting and applying the European Convention on Human Rights. The Court's judgments are binding for more than 40 European states and its enforcement machinery offers, undeniably, the most effective international Human Rights protection in the world.
This course gives an introduction to the case-law of the European Court of Human Rights. The main focus will be on the Court's own judgments, a selection of which will be analysed in-depth. However, in order to fully understand the Court's practice, the legal context of the Convention is of importance. Thus issues of public international law and international human rights, as well as the peculiarities of major European legal systems, will be referred to and discussed in class. It goes without saying that, this process greatly benefits from the contributions made by students coming from different legal cultures.
The ultimate aim of the course is to enhance students' understanding of the Court's legal reasoning, thereby enabling them to conduct independent studies of the Court's case-law.
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| Indhold: |
The enforcement machinery: the Court's rules of procedure and the admissibility conditions. The Court's future? The origins of Human Rights in national and international law.
Treaty interpretation in general. The Court's method of interpretation. The margin of appreciation and the principle of proportionality. Positive obligations and Drittwirkung (third party effect).
Article 2: The right to life.
Article 3: The prohibition against torture, inhuman and degrading treatment.
Article 5: Deprivation of liberty.
Article 6: Fair trial.
Article 8: Right to private and family life.
Article 9. Freedom of thought, conscience and religion.
Article 10: Freedom of expression.
Article 11: Freedom of assembly and freedom of association.
Article 13: A right to an effective remedy.
Article 1 of Protocol No. 1: The protection of property. |
| Kompetence- beskrivelse: |
European Court of Human Rights
The objective of the course is to enable the students to:
- Explain the structure of The European Convention on Human Rights (ECHR) and of the individual Articles as well as of the function of the European Court of Human Rights (ECtHR),
- Explain of the general principles of interpretation, developed by the ECtHR,
- Identify - the general principles of interpretation in the ECtHR’s judgments,
- Discuss - orally or in writing - the quality of a judgment or a line in case law of the ECtHR on the basis of existing case law and the general principles of interpretation,
- Put - orally or in writing - the legal solution of a real or hypothetical ECHR issue into perspective,
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent. |
| Faglige forudsætninger: |
Students must have basic knowledge of public international law and have a reasonable command of English.
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| Eksamensform: |
Oral exam with preparation, 20 minutes
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| Eksamen: |
10. - 14. December 2012 (preliminary dates) |
| Kursus hjemmeside: |
 |
| Bemærkninger: |
This course and the courses "International Human Rights Law" and "Den Europæiske Menneskerettighedskonvention og dansk ret" are mutually exclusive.
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| Pensum: |
Harris, O’Boyle og Warbrick, Law of the European Convention on Human Rights, 2. ed.; Oxford University Press, 2009.
Pensum 550 page
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| Sidst redigeret: |
2/7-2012 |