Module LAW2331: European Human Rights Law

Department: Law

LAW2331: European Human Rights Law

Prerequisites

• Introduction to English Law and Legal Method (LAW1121) and Law of Torts (LAW1051) and EU Constitutional Law (LAW1061) and Law of Contract (LAW1071) and The Individual and the State (LAW1081) and UK Constitutional Law (LAW1091).

Corequisites

• None

Excluded Combination of Modules

• None

Aims

• Building on the foundations laid in The Individual and The State, this module will explore in greater detail European Human Rights Law.

Content

• European Human Rights Law builds on foundations laid in The Individual and The State and includes law of the European Convention on Human Rights and, where relevant, EU human rights law. The module explores further the substantive law, principles, and politics of European Human Rights Law.
• Students will learn the law through engagement with contemporary human rights issues, investigating a range of rights and primary and secondary sources. This course consists of instructors who engage in research-led teaching drawing upon their own expertise in a particular subject matter.
• Topics may vary from year to year according to the instructors on the course but may include:
• principles of the ECHR (European consensus and the living instrument doctrine);
• equality and non-discrimination;
• institutional capacity (extraterritoriality; interim measures; advisory opinions);
• reproductive rights (abortion, sterilisation, IVF, assisted reproduction);
• protections against modern slavery and human trafficking;
• prohibition of torture and inhuman or degrading treatment;
• freedom of religion;
• the right to respect for private and family life (e.g. in the context of same-sex couples);
• the principle of legality in criminal law, the right to a fair trial and the presumption of innocence.

Learning Outcomes

• Students should be able to:
• Have knowledge of the treaty provisions in the European Convention on Human Rights and. where relevant, EU human rights law.
• Have knowledge of the jurisprudence of the European Court of Human Rights and, where relevant, the Court of Justice of the European Union.

• Students should be able to:
• Apply the existing law to factual scenarios and give legally cogent advice;
• Analyse and evaluate the existing law in the light of the legal, social and political questions raised;
• Conduct independent research using the relevant legal databases for investigating the law and procedures of the institutions underpinning European Human Rights Law;
• Critically evaluate European Human Rights Law using doctrinal, theoretical, and political literature.

• Acquisition of knowledge through critical analysis of primary and secondary sources;
• Synthesis, critical judgment and evaluation of ideas and arguments;
• Written communication skills;
• Conduct independent research.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The Course will be delivered by 12 x 2 hour seminars. Six research topics will be taught in this time. Seminars will be used to explore a particular topic in great depth, drawing upon a range of sources across European and domestic institutions. Students will be expected to be conduct research exercises and present in class.
• The formative assignment is 2000 words and will test the knowledge, critical skills, and research skills of students. It should prepare them for the summative assessment wherein the students will be given a choice of topics to write a 3000 word essay accompanied by a 1000 word reflective commentary.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

One written essay of about 1500 words A reflective commentary of 500 words

■ Students who do not attend monitored activities shown under Teaching Methods and Learning Hours, or who fail to complete the summative or formative assessment(s) specified above, may be subject to the Academic Progress procedures defined in the University's General Regulation V, and may be required to leave the University.