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BDRO 1760A - Introduction to European and International Human Rights Protection

Type d'enseignement : Seminar

Semester : Spring 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

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Course Description

The course will cover both humanitarian law – formerly designated as laws of war - and protection of human rights. Indeed, human rights have been a subject matter for international law at first in the time of war, in order to ensure respect for and protection of the civilian population and civilian objects and to regulate - then if necessary - to punish the misbehaviour of combattants. In the present time, humanitarian law has gone through major developments as it has been illustrated in many internal or international conflicts and in an age of terrorism. That will be the object of the first part of the course. The second part will deal firstly with protection of human rights at the international level, particularly by the UN, secondly it will be devoted to the regional approach of Human rights. That depends very much on the political and cultural background. Islamic, South American or even Russian approaches vary from the European one. More specifically the European Convention on human rights is certainly the most efficient instrument and therefore will constitute an important part of the course. The European Court of Human Rights has a major influence on the legislation and on the judiciary of European countries. Its judgments affect civil and criminal law but also aspects of domestic political life and international commitments of the States parties to the Convention. The main principles flowing down from the interpretation of the Court and the mechanism of control will be explored and illustrated through examples.

Teachers

DE CARA, Jean-Yves (Professeur des Universités)

Pedagogical format

Session 1: Introduction : singularity and universality of the protection of human rights Session 2: The protection of human rights in wartime (I) : Core principles - Status of individuals Session 3: The protection of human rights in wartime (I) : Implementation of the rules and prosecution of international crimes Session 4: Protection of human rights in times of peace (II) (1) Protection of human rights at the universal level – (1-1) Declarations, covenants, treaties Session 5: (1-2) The protection of human rights by the United Nations Session 6: (2) Protection of human rights of the regional level Diversity of regional approaches (2-1) Session 7: The European Convention on Human Rights (2-2) Session 8: The protected rights in the ECHR Session 9: Margin of appreciation of the States – Derogations and exceptions under the ECHR Session 10: Mechanism of protection :organization and jurisdiction of the European Court of Human Rights Session 11: Admissibility of applications to the ECtHR Session 12: Procedure and Judgment on the merits before the ECtHR Conclusion of the course

Course validation

Mid-term exam (40% of course mark); Final exam (50% of course mark); In-class participation (10%)

Required reading

  • Antonio Cassese, et al. International Criminal Law : Cases and commentary, Oxford, 2011
  • Laurie R. Blank and Gregory P. Noone, International Law and armed conflict : Fundamental Principles and contemporary challenges in the law of war, New York, Wolters Kluwer, 2013
  • Gary D Solis, The Law of armed conflict. International humanitarian law in war, Cambridge Un. Press 2010, 2nd ed, 2016

Additional required reading

  • Philip Alston, Ryan Goodman, International Human Rights, Oxford, 2013
  • D.J. Harris, M O'Boyle, C. Warbrick, Law of the European Convention of Human Rights, 3rd ed. by Harris, Boyle, Edward Bates and Carla Buckley, Oxford, 2014
  • Francis Jacobs, Robin C. White and Clare Ovey, The European Convention on Human Rights, 6th ed. by Bernadette Rainey, Elizabeth Wicks and Clare Ovey, New York, Oxford, 2014
  • Karen Reid, A practioner's guide to the European Convention on Human Rights, London, Sweet & Maxwell, 2011
  • Blackstone's International Human Rights Documents, 9th edition by Alison Bisset, 2014