| CODE | PBL2025 | ||||||||
| TITLE | Basic Principles of the European Convention on Human Rights | ||||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | Not Applicable | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Public Law | ||||||||
| DESCRIPTION | The study-unit introduces the basic principles of the European Convention on Human Rights. It will be divided into four main components, namely (i) an introduction to the basic principles of human rights law and the legal/historical context that gave rise to the necessity of a regional conventional and the setting up of an implementation procedure; (ii) procedural aspects of the ECHR; (iii) substantive aspects of the ECHR; (iv) implementation and enforcement of judgments. In the first part the students will familiarise themselves with the history and development of the human rights in general and the ECHR in particular. The ECHR as a body within the Council of Europe legal framework and the distinction from other European human rights treaties such as the EU Charter on Fundamental Rights will be highlighted. Moreover, the impact of the ECHR on national legal systems will also be addressed. In terms of the substantive aspects, the lectures will focus on the examination of key rights guaranteed under the ECHR (e.g., right to life, prohibition of torture, right to a fair trial, freedom of expression, etc.) This will be dine through case studies illustrating the application of these rights in different contexts. The twin concepts of Limitations and Derogations will also be dealt with in this section by exploring permissible limitations on ECHR rights through an analysis of cases where derogations and limitations have been applied. The third component which will address the Procedural Aspects of the ECHR will primarily focus on the Individual Complaint Mechanism. An overview of the procedure for lodging individual complaints to the European Court of Human Rights (ECtHR) will be provided. Furthermore, the admissibility criteria and procedural requirements. Inter-State Cases will be also be addressed albeit in a more summary manner. The final component will address the implementation and enforcement of ECtHR Judgments. The mechanisms for enforcing ECtHR judgments at the national level as well as the challenges and controversies surrounding the implementation of ECtHR decisions will be assessed. In the final session the class will discuss the current challenges facing the ECHR system (e.g., backlog of cases, interpretation of new rights etc. Study-unit Aims: (i) to introduce students to the principles on which the ECHR is based; (ii) to provide students with a solid foundation in the substantive and procedural aspects of the ECHR; (iii) to encourage critical thinking around issues relating the protection of human rights in a European and national context. Learning Outcomes: 1. Knowledge & Understanding By the end of the study-unit the student will be able to: (i) describe the principles and key rights guaranteed under the ECHR; (ii) describe the basic processes through which the rights guranteed by the ECHR are enforced; (iii) outline the major challenges faced by the ECHR. 2. Skills By the end of the study-unit the student will be able to: (i) analyze and evaluate ECHR cases and their implications for the national legal system; (ii) access the correct form and complete a basic application alleging a violation of an ECHR right; (iii) apply ECHR principles to real-world scenarios and assess their impact on human rights protection. Main Text/s and any supplementary readings: Main Texts - European Court of Human Rights Database, HUDOC Database, available at http://www.echr.coe.int/ECHR/EN/Header/Case-Law/HUDOC/HUDOC+database/ - Practical Guide On Admissibility Criteria -Council of Europe/European Court of Human Rights, 2014 - Guide on Article 1 of Protocol No. 1 to the European Convention on Human Rights - Protection of property - Updated on 31 August 2022 鈥� Registry of the ECtHR - Guide on Article 2 of the European Convention on Human Rights - Right to life Updated on 31 August 2022 鈥� Registry of the ECtHR - The right to respect for private and family life - Human rights handbooks, No. 1 - A guide to the implementation of Article 8 of the European Convention on Human Rights - Ursula Kilkelly - The right to a fair trial - Human rights handbooks, No. 3 - A guide to the implementation of Article 6 of the European Convention on Human Rights - Nuala Mole and Catharina Harby - The right to property - Human rights handbooks, No. 4 - A guide to the implementation of Article 1 of Protocol No. 1 to the European Convention on Human Rights - Monica Carss-Frisk - The right to property under the European Convention on Human Rights - Human rights handbooks, No. 10 - A guide to the implementation of the European Convention on Human Rights and its protocols Aida - Grgi膰, Zvonimir Mataga, Matija Longar and Ana Vilfan - The prohibition of torture - Human rights handbooks, No. 6 - A guide to the implementation of Article 3 of the European Convention on Human Rights - Aisling Reid - Positive obligations under the European Convention on Human Rights - Human rights handbooks, No. 7 - A guide to the implementation of the European Convention on Human Rights - Jean-Fran莽ois Akandji-Kombe Supplementary Readings - Philip Alston, Ryan Goodman and Henry J. Steiner, International Human Rights In Context: Law, Politics and Morals, Oxford: Oxford University Press, 2008 (third edition) - D.J. Harris, M.O鈥橞oyle, E.P. Bates and C.M. Buckley, Harris, O鈥橞oyle & Warbrick Law of the European Convention on Human Rights, Oxford: Oxford University Press, 2023 (fifth edition) - Mark W. Janis, Richard S. Kay and Anthony W. Bradley, European Human Rights Law: Text and Materials, Oxford: Oxford University Press, 2008 (third edition). |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Michael Camilleri |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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