HUK118

School of Law \ Law

4

6

Compulsory

English

-

Law Undergraduate

The course gives a general overview on the history, development, structure, and content of international human rights law. The course analyses the international documents and institutions that protect fundamental rights and freedoms. The course also describes and evaluates the principal human rights accountability mechanisms and strategies. The content of specific rights, such as the right to life, right to fair trial, right to privacy, and right to freedom of expression are also examined in light of the positive law instruments and case-law of the relevant judicial or quasi-judicial institutions.

Aybay Rona & Çelik, Demirhan Burak (2023) İnsan Hakları Hukuku, 6. Bası, Der Yayınevi.
Bantekas I & Oette L (2020) International Human Rights: Law and Practice, 3rd edn, CUP.
Cançado Trindade AA & Gonzalez-Salzberg, DA (2024) International Human Rights Law, OUP.
De Schutter O (2019) International Human Rights Law: Cases, Materials, Commentary, 3rd edn CUP.
Harris D & O’Boyle M & Bates E & Buckley CM (2023) Law of the European Convention on Human Rights, 5th edn, OUP.
Moeckli D, Shah S, Sivakumaran S (eds) (2022) International Human Rights Law, 4th edn OUP.
Smith, R (2021) International Human Rights Law, 10th edn OUP.
Rainey, Wicks, Ovey (2021) Jacob & White & Ovey: European Convention on Human Rights, 8th edn OUP.

The aim of the course is to provide students with a comprehensive understanding of the importance of human rights in contemporary international relations and at the national level and to inform them on the functioning of various international and regional mechanisms established for the protection of human rights.

1. Acquire advanced knowledge on the status of human rights in the context of public international law.
2. Have a comprehensive understanding of how international human rights law has been developed.
3. Able to evaluate on the international human rights sources, standards and instruments and their relation to domestic laws.
4. Familiarize with the rules and procedures regarding international and regional human rights protection mechanisms.
5. Critically evaulate the reasons behind failures and successes of human rights practices in achieving accountability for violations.
6. Develop skills to critically assess issues related to human rights violations in national and international law.
7. Able to identify the violation of a specific human right in each case.
8. Develop their analytical thinking on issues concerning international human rights law, develop skills to follow contemporary developments.
9. Explain the human rights mechanisms available for individuals once exhausting the domestic remedies.
10. Comprehends the content of specific rights including equality and non-discrimination, the right to life; the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, freedom of expression and right to a fair trial based on relevant international judicial and quasi-judicial organs.

Week 1: Introduction to International Human Rights Law: The Idea of Human Rights - History, Development and Institutions
Week 2: Sources of International Human Rights Law: Human rights treaties, customary law, general principles of law, judicial decisions, doctrine, soft law and other non-binding human rights norms
Week 3: Nature of Human Rights: Four generations of human rights; universalism vs. cultural relativism, indivisibility and interrelatedness and interdependence of HR
Week 4: Scope of Human Rights Obligations: Respect, protect, fulfil; the doctrine of margin of appreciation of the ECHR
Week 5: Limits of Human Rights Limitations: Absolute rights/qualified rights, limitation, derogation, reservation, withdrawal, justiciability, remedies
Week 6: The United Nations Human Rights Protection System: The UN Charter based monitoring of human rights compliance (Human Rights Council); Treaty bodies (conventional procedures)
Week 7: Regional Mechanisms of Human Rights Protection: Inter-American System of Human Rights Protection, African System of Human Rights Protection, Asian System of Human Rights Protection
Week 8: European System of Human Rights Protection I: General overview of the Council of Europe
Week 9: European System of Human Rights Protection II: Structure, admissibility, jurisdiction
Week 10: European System of Human Rights Protection III: Procedure, judgement, enforcement
Week 11: Contemporary Issues on Human Rights I: selected cases on prohibition of discrimination, prohibition of abuse of rights, right to life and capital punishment, prohibition of torture, prohibition of slavery and forced labor
Week 12: Contemporary Issues on Human Rights II: selected cases on right to liberty and security, right to fair trial, right to an effective remedy, right to privacy, right to respect of family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association

• Midterm 40 %
• Final 60 %