HUK348

School of Law \ Law

2

4

Elective

Turkish

-

Law

The course provides an in-depth study of the European human rights system, with a particular focus on the rights and freedoms protected under the European Convention on Human Rights (ECHR) and its additional protocols, and the case law of the European Court of Human Rights (ECtHR). It explores the historical development, institutional framework of the Council of Europe and examines the scope and limits of the substantive rights protected under the ECHR. Through case law analysis, students gain a critical understanding of human rights protection in Europe and its contemporary challenges. The course covers issues related to, inter alia, right to life, prohibition of torture, right to liberty and security, right to fair trial, protection of private life, freedom of religion, freedom of expression, freedom of association, prohibition of discrimination, right to education etc., as well as some general concepts such as the negative and positive obligations, principle of proportionality the margin of appreciation doctrine, the living instrument, doctrine, the emerging consensus doctrine.

Buckley, C. M., Kamber, K., McCormick, P. The European Convention on Human Rights: Principles and Law, CoE, 2022.
Council of Europe, Human Righrs Handbooks, updated on CoE website.
Haas, M., International Human Rights: A Comprehensive Introduction, London, Routledge, 2014.
Harris, D., O’Boyle M., Bates E., Buckley C.M., Law of the European Convention on Human Rights, 2023, 5th ed., OUP, 2023.
Janis, W. M., Kay, R. S., Bradley, A.W. European Human Rights Law: Texts and Materials, 3rd ed, OUP, 2008.
Rainey B., Wicks E. , Ovey C., Jacob, White & Ovey: European Convention on Human Rights, 8th ed., OUP, 2020.
Schabas, W.A., The European Convention on Human Rights: a commentary, OUP, 2015.

The course aims to give students a comprehensive introduction to the substance of rights and freedoms guaranteed under the European Convention on Human Rights and interpreted in the jurisprudence of the European Court of Human Rights. The course discusses the procedures before the European Court of Human Rights, as well as the implementation and enforcement mechanisms of the ECtHR's judgements and their effect in domestic legal systems.

1. Analyse the features of the Council of Europe, the European Court of Human Rights, and the European Convention on Human Rights within their historical and legal context.
2. Masters the requirements and procedures to bring inter-state and individual applications before the ECtHR.
3. Critically elaborate on the effect of the European Court of Human Rights judgements in domestic laws.
4. Critically assess the reasons behind failures and successes of European human rights protection mechanisms.
5. Identify the scope and limitations of the rights protected under the ECHR and its additional protocols, including equality and non-discrimination, the right to life; the prohibition of torture, freedom of expression and right to a fair trial.
6. Identify the violation of a specific human right in each case.
7. Develop analytical thinking on human rights issues, develop skills to follow contemporary developments, including technology and international trade.
8. Familiarize with essential trends and directions in the interpretation of the rights and freedoms by the ECtHR.
9. Apply the European human rights law to hypothetical cases.
10. Develop subtle, sophisticated, and balanced arguments about controversial human rights issues.

Week 1: Introduction to the Council of Europe and the ECHR
Week 2: Theoretical framework: proportionality, the margin of appreciation, the living instrument doctrine, the emerging consensus doctrine, negative and positive obligations.
Week 3: Individual applications to the ECtHR, admissibility, jurisdiction, procedure
Week 4: Execution of judgements and their effect in domestic laws
Week 5: Article 2: Right to life; Protocols 6 and 13: prohibition of death penalty
Week 6: Article 3: Prohibition of torture; Article 4: Prohibition of stavery and forced labour; Article 5: Right to liberty and security
Week 7: Article 6: Right to a fair trial (civil limb); Article 13: Right to an effective remedy
Week 8: Article 6: Right to a fair trial (criminal limb); Article 7: No crime and punishment without law; Seventh Protocol Article 2: Right of appeal in criminal matters; Seventh Protocol Article 4: Right not to be tried or punished twice
Week 9: Article 8: Right to respect for private and family life
Week 10: Article 9: Freedom of thought, conscience and religion; Article 10: Freedom of expression; Article 11: Freedom of assembly and association
Week 11: Article 12: Right to marry; Article 14: Prohibition of discrimination; Protocol 12: Prohibition of discrimination
Week 12: First Protocol Article 1: Right to property; First Protocol Article 3: Right to free elections

• Midterm 30 %
• Final 70 %