Human Rights Law: The European Convention On Human Rights
| Module title | Human Rights Law: The European Convention On Human Rights |
|---|---|
| Module code | LAW3148 |
| Academic year | 2019/0 |
| Credits | 30 |
| Module staff | Mr Richard Edwards (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 | 11 |
| Number students taking module (anticipated) | 60 |
|---|
Module description
This module focusses on the main body of human rights in Europe, namely
the European Convention on Human Rights (ECHR) and its law as it is interpreted
by the European Court of Human Rights and as it is applied by both domestic
jurisdictions in Europe (particularly in the UK via the UK Human Rights Act
1998 and the decisions of British courts under the Act) and also the courts of the
European Union. Until 2009, the ECHR was the only overarching bill of rights
for Europe (Council of Europe and European Union) and as such it has shaped and
influenced human rights law at the European level as well as in individual
Member States, including the UK. Studying this module will equip you with
essential human rights law knowledge and key skills to understand human rights
law current developments. The syllabus is designed to provide you with a solid
foundation in ECHR law, and to encourage you to follow the latest developments
and sharpen your critical skills. The module can be taken as a specialism to
build up on courses such as EU Law and Constitutional and Administrative Law,
as well as a complement to other research-led human rights options.
Module aims - intentions of the module
With this 30 credit module, you will develop a solid knowledge of ECHR law as well as critical analysis of human rights case law and systems of protection in Europe. It will also give you a valuable insight into the complexity of how European law develops and the ability to form an overall and critical understanding of this system of protection unique in the world as well as a detailed knowledge of some of the most fundamental human rights for the twenty-first century. In terms of employment opportunities, the module is addressed to:
- Any student who wishes to open up new intellectual and career horizons;
- Students who wish to work for international organisations, non-governmental organisations or public bodies;
- Future barristers and solicitors who wish to practice in the field of human rights or are thinking of working on pro-bono missions;
- And students who wish to embrace an academic career.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate detailed understanding of the nature and practice of ECHR human rights norms and mechanisms of protection;
- 2. Demonstrate solid understanding and critical awareness of the relationships between the European and (selected) Member States systems of protection of human rights;
- 3. Demonstrate detailed and critical understanding of techniques and strategies of human rights argumentation and judicial reasoning);
- 4. Demonstrate ability to identify, explain, critically evaluate, and compare key issues in ECHR law;
- 5. Demonstrate ability to critically assess the content and practice of ECHR human rights norms, by reference to standards of democracy;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 6. Demonstrate ability to select, synthesise and critically assess human rights normative provisions and their application by courts;
- 7. Demonstrate ability to apply legal knowledge to a problem question or case study and to suggest a conclusion supported by relevant arguments;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 8. Demonstrate ability to present, coherently and reflectively, orally and in writing, relevant legal and theoretical arguments; and
- 9. Demonstrate ability to work independently and in team, and to manage time efficiently in preparing for scheduled learning activities, exercises and assessments.
- 10. Demonstrate the ability to work independently, within a limited time frame, and without access to external sources, to complete a specified task.
Syllabus plan
Although the module’s coverage may vary each year it is envisaged that it will include the following topics:
- Introduction to human rights law and to the ECHR
- Introduction to UK Human Rights Act
- Substantive rights (e.g. the right to life, prohibition of torture or prohibition of slavery, privacy, freedom of expression)
- Procedural rights (e.g. the right to a fair trial, the right to an effective remedy)
- Techniques and problems of rights interpretation (e.g. margin of appreciation, proportionality, living instrument doctrine)
- The ECHR in Europe, its relationships with the European Union and with selected Member States
- Critical issues on the ECHR and European democracy
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 53 | 247 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Learning and Teaching activities | 44 | 22 x 2h Lectures |
| Learning and Teaching activities | 9 | Workshops - 6 x 1.5hr (3 per term) which will involve student-led individual and group work, with guidance and intervention from a tutor |
| Guided independent study | 120 | Individual reading and lecture preparation |
| Guided independent study | 37 | Workshop preparation |
| Guided independent study | 10 | Formative assessment |
| Guided independent study | 80 | Summative assessment |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Workshop presentations based on team work | About 5 minutes/presentation | 1-10 | Oral feedback from the tutor in class |
| Voluntary individual mock examination | One hour students will be given an essay question or similar exercise to answer in self-imposed examination conditions | 1-10 | Oral feedback with the whole group and written comments on individual draft introduction submitted to tutor |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 0 | 100 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Examination | 100 | 3 hours | 1-10 | Written comments on exam papers and possibility of face to face meeting with tutor. General written feedback to the whole class posted on ELE. |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| 3 hour Examination | 3 hour Examination | 1-10 | At the standard period of re-assessment, i.e. August. |
Indicative learning resources - Basic reading
R White, C A Robin and C Ovey, Jacobs, White & Ovey The European Convention on Human Rights, Sixth Edition, Oxford University Press, 2014 (Or latest edition as available).
D J Harris,M O'Boyle and C Warbrick et al, Harris, O'Boyle & Warbrick, Law of the European Convention on Human Rights, Third Edition, Oxford: OUP, 2014 (Or latest edition as available).
Janis, Kay and Bradley, European Human Rights Law, 3rd ed, OUP 2008 (Or latest edition as available).
A Mowbray, Cases and Materials on the European Convention on Human Rights, Third Edition, OUP, 2012 (Or latest edition as available).
E Bates, The Evolution of the ECHR, OUP, 2010 (Or latest edition as available).
Keller and Stone (eds), A Europe of Rights, The Impact of the ECHR on National Legal Systems, OUP, 2008 (Or latest edition as available).
S Greer, ECHR, Achievements, Problems and Prospects, CUP, 2008 (Or latest edition as available).
G Letsas, A Theory of Interpretation of the ECHR, OUP, 2007 (Or latest edition as available).
C Grabenwarter (ed), The ECHR, A Commentary, Hart Publishing, 2013 (Or latest edition as available).
P Halstead, Unlocking Human Rights, 2nd edition Routledge, 2014
Indicative learning resources - Web based and electronic resources
ELE – http://vle.exeter.ac.uk/
Web based and electronic resources:
Human rights documents and materials: http://www1.umn.edu/humanrts/
European Convention on Human Rights website: http://human-rights-convention.org/
European Court of Human Rights website: http://www.echr.coe.int/
Council of Europe website: http://www.echr.coe.int
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | LAW1022 Legal Foundations/LAW1036 Legal Foundations |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 02/05/2014 |
| Last revision date | 14/04/2015 |