Human Dignity and Human Rights in the EU
| Module title | Human Dignity and Human Rights in the EU |
|---|---|
| Module code | LAWM063 |
| Academic year | 2020/1 |
| Credits | 15 |
| Module staff | Dr Catherine Dupre (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 4 |
|---|
Module description
Human dignity is one of the most exciting and rapidly developing legal concepts in the EU. The coming into force of the Lisbon Treaty and the European Union (EU) Charter of Fundamental Rights suddenly made dignity very visible in Europe: it is the first foundational value (under article 2) of the Union and the first of all human rights in the EU Charter. This module will encourage you to discover and discuss the exciting and challenging concept of dignity: its origins in Member States’ constitutions and in European Court of Human Rights (ECtHR) case law, its – sometimes controversial - connections with human rights and its wider significance for the development of EU constitutionalism and democracy post-Lisbon. Some prior knowledge of EU law and human rights is useful (but not required: you will be given some background reading and guidance if you are new to this field). The module is at the cross-roads of EU law, ECHR law, comparative constitutional law and theory and it will suit you if you are interested in any of these fields. The module also provides you with a sound basis in positive law which will be useful for those of you aiming to pursue a career in the EU or the Council of Europe, or as practising lawyers in the UK, where this concept has been developed following the European model(s).
Module aims - intentions of the module
The module aims to enable you to discuss some of the latest scholarly developments in relation to dignity and human rights in the EU. By elucidating and exploring the connections between dignity and human rights in Member States’ constitutions, and in ECHR case law, the module aims to allow you to develop a unique specialised knowledge of how human rights have been developed and protected in the EU (art.6 Lisbon Treaty). The study of the rise of dignity and its construction as a normative concept at the foundation of the EU (art.2 Lisbon treaty) brings you to the heart of European integration through law. Its comparative and critical perspectives encourage you to develop an integrated understanding of how the EU protects human rights and dignity, and to sharpen your critical thinking.
The module aims to provide a cutting edge, research-enriched learning opportunity by drawing on the module director’s internationally-recognised research in this field. Catherine Dupré has been researching the meanings and legal developments of the concept of dignity in Europe for over a decade and this module also aims to bring you her latest reflections based on her ongoing research.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate detailed knowledge of, and an ability to evaluate critically, a wide range of theoretical issues raised by human dignity and human rights in the context of the EU;
- 2. Demonstrate a deep and systematic knowledge of, and an ability to evaluate critically, a wide range of issues raised by the application of human dignity and human rights in case law;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. Use a wide range of sources and materials, including case law from different courts, theoretical and substantive academic commentaries, statutes, constitutions and treaties, in a critical and constructive way;
- 4. Demonstrate flexible and innovative ability to analyse complex legal problems, identify the relative significance of applicable rules and principles, and select appropriate methods for critically evaluating them;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. Demonstrate independent thinking and ability to construct critical argument effectively, confidently and autonomously;
- 6. Work independently and manage time efficiently in preparing for course activities and assessment; and
- 7. Demonstrate confident ability to interact effectively and proactively with a team/learning group, to share information and ideas and to manage disagreement in a professional and constructive manner
Syllabus plan
The syllabus below indicates the key themes and issues discussed in this module. It will vary slightly every year to reflect the latest developments in positive law and scholarly discussion on dignity and human rights in the EU.
- Human rights in the EU: Antagonism or synergy?
- Locating human dignity and human rights
- Human dignity as a foundation of human rights in the EU
- Protecting human rights and human dignity
- Interpreting human rights and human dignity
- Taking a critical view of dignity as a foundation
- Human rights and dignity without Europe
- The EU without human rights and dignity
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 33 | 117 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 33 | Two weekly 1h 30 min interactive workshops,. The first workshops will be led by the lecturer and students are expected to become gradually more involved in defining the workshops focus and in leading them. |
| Guided independent study | 50 | 5 hours per week over 10 weeks for workshop preparation |
| Guided independent study | 67 | 67 hours for reflection, research, and writing the formative essay outline and summative essay |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| A detailed essay outline and a fully written up introduction, to be submitted on a voluntary and rolling basis for each workshop. | 300 words | 1-7 | Feedback will be given for one outline per student, with individual feedback on the formative work and general comments to the group where they are relevant to the whole group. |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| A set essay on a topic determined by the student in consultation with the module coordinator. | 100 | 3,750 words | 1-7 | Written feedback, with the opportunity for an individual meeting with the lecturer for further oral feedback. |
| 0 |
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 |
|---|---|---|---|
| Essay | Essay (same topic and length as the original) | 1-7 | August/September reassessment period. |
Indicative learning resources - Basic reading
P Alston (ed), The EU and Human Rights (OUP, 1999)
P Alston and O de Schutter (eds) Monitoring Human Rights in the EU (Hart, 2005)
C Dupré, Importing the Law in Post-Communist Transitions, The Hungarian Constitutional Court and the Right to Human Dignity (Hart, 2003)
C Dupré, ‘Human Dignity in Europe: A Foundational Constitutional Principle’ (2013) European Public Law 319
C Dupré, ‘Article 1 EU Charter’ in T Hervey, S Peers, J Kenner and A Ward (eds) A Commentary on the European Union Charter of Fundamental Rights (Hart Publishing, 2014, forthcoming)
C Dupré, ‘Dignity, Democracy, Civilisation’ (2013) Liverpool Law Review 263
EJ Eberle, Dignity and Liberty (Praeger, 1995)
E O Eriksen et al (eds.) Developing a Constitution for Europe (Routledge, 2004)
D Feldman, ‘Human Dignity as a Legal Value’ Part I Public Law (1999), p.682 and Part II, Public Law , (2000), 61
G P Fletcher, ‘Human Dignity as a Constitutional Value’ (1984) University of Western Ontario Law Review , 171-182;
J Jones, ‘”Common constitutional traditions”: can the meaning of human dignity under German law guide the ECJ?’ [2004]Public Law , 167
G Kateb, Human Dignity (Harvard University Press, 2011)
C McCrudden, ‘Human dignity and Judicial Interpretation of Human Rights’ [2008] European Journal of International Law , 655
A von Bogdandy and J Bast (eds), Principles of European Constitutional Law (Hart, 2010)
Venice Commission (ed), The principle of protection of human dignity (Council of Europe Publishing, 1999)
ELE – http://vle.exeter.ac.uk
Indicative learning resources - Web based and electronic resources
Further web-based and electronic resources:
ECJ case law: http://curia.europa.eu
ECHR case law: http://www.echr.coe.int/
Venice Commission: http://www.venice.coe.int/
Indicative learning resources - Other resources
Cambridge Law Journal
Oxford Journal of Legal Studies
Columbia Journal of European Law
International Journal of Constitutional Law
European Constitutional Law Review
Public Law
German Law Journal
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 01/12/2013 |
| Last revision date | 21/08/20 |
