Infopaket

Judicial Protection of Human Rights in International Law

ННД.05

Обов’язкова дисципліна для ОП

Second

2023/2024

2 Semester

3

To know the features of international human rights law as a branch of public international law, its concepts, principles, and sources; the concept of judicial remedies in international human rights law, the common and distinctive features of regional human rights courts; the principal methods of interpretation of human rights norms by the human rights courts. Be able to define the legal content of rules of procedure of the European Court of Human Rights; define and solve the problems of admissibility criteria for bringing an application to the European Court of Human Rights; analyse the positive and negative human rights obligations of states and determine the degree of human rights standards implementation in the national legislation of states, their vertical and horizontal effect.

1. Know the basics of International Human Rights Law, Regional Human Rights Law Systems, Public International Law (basics of theory; branches and institutions) 2. Be able to analyse and establish the content of the rights and obligations of subjects of international law in accordance with the provisions of international human rights treaties 3. Have basic skills of legal analysis and synthesis, critical thinking, elaboration of a large array of legal material with one’s own conclusions and suggestions

Thematic plan of the discipline: 1. Judicial remedies in international human rights law 2. Regional human rights courts: their common and distinctive features. Sources of case law and information 3. Procedure before the European Court of Human Rights. Admissibility of cases 4. Interpretation and application of human rights at the regional human rights courts 5. Positive and negative human rights obligations. Vertical and horizontal effect. 6. The doctrine of the margin of appreciation 7. Lawfulness and legitimate aim of human rights restrictions 8. Necessity, proportionality and fair balance of human rights restrictions

1. Shelton D. Remedies in International Human Rights Law. 3rd еd. Oxford Scholarly Authorities on International Law, 2015. 514 р. 2. Reid K. A Practitioner’s Guide to the European Convention on Human Rights. 5th ed. Sweet & Maxwell, 2015. 1216 p. 3. Rainey B., Wicks E., Ovey C. Jacobs, White and Ovey : the European Convention on Human Rights. 8th ed. Oxford University Press, 2020. 792 p. 4. Harris D., O'Boyle M., Buckley C. Law of the European Convention on Human Rights. 4th ed. Oxford University Press, 2018. 1056 p. 5. Burgorgue-Larsen L., Úbeda de Torres A. The Inter-American Court of Human Rights: Case Law and Commentary. Oxford University Press, 2011. 886 p. Additional literature:

Lectures, seminars

Evaluation is carried out according to the modular rating system. Current control: answers (up to 22 points), written assignment (up to 20 points), final modular test (up to 20 points). The form of final control is a final test. The final test is conducted in writing. The student's answer to the final test – up to 40 points.

English