International Human Rights Law

2 units

This course will examine the concept and system of human rights law. In the 21st Century, human rights law developed into an autonomous branch of law, an amalgam of constitutional and international law institutions. Globalization of the human rights law makes international and supranational system of protection relevant also for cases and controversies adjudicated before the national courts and tribunals. The first part of the course will be focused on theoretical issues which are, to a great extent, common for all three levels of the human right law: global, regional, and national. The topics to be covered include the development and content of international human rights, their sources and categories, the nature of (positive and negative) obligations generated by human rights and, finally, the personal and territorial scope of rights. The second part will cover institutional and procedural arrangements of enforcement and protection of human rights on the global level (i.e., the major United Nations human rights treaties, the structure of the United Nations treaty bodies and the mechanisms of human rights adjudication) and on the regional level, particularly in Europe (within both the Council of Europe and the European Union) and in the Inter-American system. The final sessions will examine the basic values (human dignity, equality, and liberty) and techniques (proportionality, subsidiarity, margin of appreciation) applicable to human rights adjudication. Classroom instruction will combine lecture, students in-class presentations and discussion. Lap-tops and similar devices are allowed in class. The grade will be based on a take-home, untimed exam. In-class participation and in-class presentations will also be taken into account.