This is a multi-disciplinary course that provides students with a rigorous and focused engagement with different
disciplinary perspectives on the subject of human rights including philosophy, sociology and law. It provides
students with contending interpretations of human rights as an idea and practice from the different standpoints that
the disciplines present. The course applies the insights of disciplinary frameworks of understanding to key human
rights issues such as universality, the right to life, free speech and globalization.
This course is designed to provide students with a broad introduction to the conceptual and legal problems
raised by the development of a global human rights regime and to help students think their way through some of
the complexities of European human rights law. It will provide an introductory analysis to the jurisprudence of
the European Court of Human Rights and the substance of European human rights law, by looking at different
generations of rights, their content and relation to each other, through an analysis of different “functions” of
human rights (protection, participation, distribution, inclusion).
Last update: Mgr. Miroslav Sojka (09.01.2018)
This is a multi-disciplinary course that provides students with a rigorous and focused engagement with different
disciplinary perspectives on the subject of human rights including philosophy, sociology and law. It provides
students with contending interpretations of human rights as an idea and practice from the different standpoints that
the disciplines present. The course applies the insights of disciplinary frameworks of understanding to key human
rights issues such as universality, the right to life, free speech and globalization.
This course is designed to provide students with a broad introduction to the conceptual and legal problems
raised by the development of a global human rights regime and to help students think their way through some of
the complexities of European human rights law. It will provide an introductory analysis to the jurisprudence of
the European Court of Human Rights and the substance of European human rights law, by looking at different
generations of rights, their content and relation to each other, through an analysis of different “functions” of
human rights (protection, participation, distribution, inclusion).
The students are expected after the conclusion of the course to be able to:
- identify various solutions to legal problems at hand and in addition, apply the relevant international law
norms/rules in a qualified manner
- read and understand international case-law as well as identify the relevant issues in the concrete case
- analyse the human rights norms in a contextual manner, i.e. to apply an ideological perspective. Teacher: dr.
Agha
Requirements to the exam -
Last update: Ing. Svatava Marešová (04.01.2023)
Exam:
essay or oral examination
Means of communication: MS Teams
Last update: Mgr. Miroslav Sojka (09.01.2018)
Short essay and a following oral exam.
Syllabus -
Last update: Ing. Svatava Marešová (04.01.2023)
Syllabus:
1. What are “international human rights” and who cares? (The philosophy, politics, and critique of human rights, The history of international human rights)
2. The Substantive Dimension (The Sources of Human Rights Law: Types, generations and hierarchies of rights. Human rights: Between Universalism and Relativism Interpretation of human rights treaties. Limitations, exceptions, derogations.)
3. The future of the Strasbourg Court and enforcement of ECHR standards: reflections on the Interlaken process. Democracy as an instrument of justice (Developments in legal theory on democracy and justice. Development of the scope of human rights. Can human rights be cultural, social, economical, individual or collective?)
4. Substantive rights: Non-derogable rights (Art. 2 The Right to Life, Art. 3 Prohibition of Torture)
5. Substantive rights: Derogable rights (Art. 5 Right to Liberty and Security of Person, Art. 6 Due Process, Right to a Fair Trial, Civil Rights and Obligations, Art. 8 - 11 General introduction)
6. Substantive rights: Derogable rights (Art. 8 Privacy, Family, Home and Correspondence, Art. 9 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association).
7. General provisions affecting Convention rights (Art. 13 Right to an Effective Remedy Before a National Authority, Art. 14 Prohibition of Discrimination, Sanctions and supervision of the Courts judgements)
8. The Convention and the EU (Relations Between Legal Systems: International Law, Community Law and National Law, The role of international law)
9. Substantive Law and the Common market (Conflicting treaties in international law, The Community Treaties and the Human Rights)
10. Concluding seminar
Course Goals:
On completion of the course, students will demonstrate an ability to
· think and argue about legal concepts, topics and issues · demonstrate skills of selecting relevant ideas, balancing and evaluating them · present concepts and arguments both orally and in written form coherently and effectively
Last update: Mgr. Miroslav Sojka (09.01.2018)
1. What are “international human rights” and who cares? (The philosophy, politics, and critique of human rights, The history of international human rights)
2. The Substantive Dimension (The Sources of Human Rights Law: Types, generations and hierarchies of rights. Human rights: Between Universalism and Relativism Interpretation of human rights treaties. Limitations, exceptions, derogations.)
3. The future of the Strasbourg Court and enforcement of ECHR standards: reflections on the Interlaken process. Democracy as an instrument of justice (Developments in legal theory on democracy and justice. Development of the scope of human rights. Can human rights be cultural, social, economical, individual or collective?)
4. Substantive rights: Non-derogable rights (Art. 2 The Right to Life, Art. 3 Prohibition of Torture)
5. Substantive rights: Derogable rights (Art. 5 Right to Liberty and Security of Person, Art. 6 Due Process, Right to a Fair Trial, Civil Rights and Obligations, Art. 8 - 11 General introduction)
6. Substantive rights: Derogable rights (Art. 8 Privacy, Family, Home and Correspondence, Art. 9 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association).
7. General provisions affecting Convention rights (Art. 13 Right to an Effective Remedy Before a National Authority, Art. 14 Prohibition of Discrimination, Sanctions and supervision of the Courts judgements)
8. The Convention and the EU (Relations Between Legal Systems: International Law, Community Law and National Law, The role of international law)
9. Substantive Law and the Common market (Conflicting treaties in international law, The Community Treaties and the Human Rights)
10. Concluding seminar
Course completion requirements
Last update: Mgr. Tomáš Friedel, Ph.D. (18.01.2018)
The guarantor teaches 100 % classes.
Learning resources - Czech
Last update: Mgr. Miroslav Sojka (09.01.2018)
P Agha, Human Rights between Law and Politics, Hart / Oxford 2016
S Greer, The European Convention on Human Rights: Achievements, Problems and Prospects, Cambridge University Press, 2006.
G Letsas, A Theory of Interpretation of the European Convention on Human Rights, Oxford University Press 2009.
