Human rights protection

ogólnouniwersyteckie

The courses is dedicated to students who would like to know about their basic rights as human being. The course characterize the contemporary problems of human rights and put them in the context of existing international legal regulations. During the course both binding norms of international law (treaties) and the so-called soft international law (resolutions of conferences and international organisations) are

being analyzed. The main goal of the lecture is to highlight the specific characteristics of infringements of human rights law and to enable students to acquired skills in employing international instruments for the protection of human rights.

The course provides student with a detailed understanding of the way in which protection of Human Rights is operating on international level. The course examines the main international mechanism of protection and characterize the contemporary problems of human rights. During the courses students evaluate legal responses to the challenges posed by contemporary problems of human rights. The issues that will be explored include:

1. The origin of international protection of human rights:

a. development of sources of national and international law in the field of protection of human rights.

2. Sources of international human rights law:

a. international agreements:

i. global,

ii. regional

iii. bilateral.

b. resolutions of international organisations and conferences - legal nature and impact of the so-called "soft" international law,

c. custom as a possible source of international obligations to protect human rights.

3. Three generations of human rights:

a. political and civil rights,

b. economic, social and cultural rights,

c. universal solidarity rights.

4. Universalism and regionalism in the field of international protection of human rights - complementarity or competition?

5. Institutionalism as a characteristic feature of international protection of human rights:

a. bodies with consultative powers,

b. judicial and quasi-judicial authorities

6. International Covenants on Human Rights – the Human Rights Committee

7. International Covenant on Economic, Social and Cultural Rights – the Committee on Economic Social and Cultural Rights

8. The system of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

a) the European Court of Human Rights

• composition

• competence

• procedure

9. Other major European conventions in the field of human rights protection

a. The European Social Charter of 1961 and the Revised European Social Charter

b. the European Convention for the Prevention of Torture of 1987,

c. Framework Convention for the Protection of National Minorities of 1994.

10. The role of non-governmental organisations in the protection of human rights

11. Human Rights Infringements

12. Human Rights and New Technology

13. Business and Human Rights

As part of the course, students will analyse selected case law and draft complaints and notifications related to human rights violations, analyse case studies, watch footage from meetings of human rights protection bodies.

Materials for use in class will be made available to students in a virtual space.

Student has a thorough knowledge of legal and non-legal instruments on human right protection that operate in the world.

Student knows the human rights protection systems operating within the United Nations, the Council of Europe and other regional systems.

Student can indicate the course of proceedings before the European Court of Human Rights, the Human Rights Committee and other UN protection bodies.

Student knows how to assess in what circumstances it is necessary to refer to which legal system and under which circumstances it is necessary to use specific legal means.

Student identifies the challenges that are faced by human rights protection at the regional and global levels.

Student has a good understanding of the existing contemporary problems of human rights.

Student is able to pose critical questions and find appropriate solutions in the area of human rights.

Student is able to identify the weaknesses and strengths of standard measures taken to human rights problems.

Student has the ability to verify and respect the opinion of other team member.

Student has the ability to take care of the reliability and credibility of his research work

Assessment will be achieved by class attendance and participation in discussions (in cases of absence - a possibility of passing an oral test or preparing a written essay – chosen by the person conducting the classes).

For those interested preparing presentation on a subject agreed with academic.