Gwybodaeth Modiwlau

Module Identifier
LA30620
Module Title
HUMAN RIGHTS - SUBSTANTIVE PROTECTION
Academic Year
2012/2013
Co-ordinator
Semester
Intended for use in future years
Other Staff

Course Delivery

Delivery Type Delivery length / details
Lecture 30 Hours. 4 x 1 hour lectures per week.
Seminars / Tutorials 6 hours. 3 x 2 hour seminars.
 

Assessment

Assessment Type Assessment length / details Proportion
Semester Assessment Essay  1500 words (required in Week 11)  33%
Semester Exam 1.5 Hours   Exam  This exam is ‘Open Book’. Candidates may bring any materials (notes and books) into the examination, with the exception of any library books and electronic devices.  67%
Supplementary Assessment Essay  1500 words - if essay element failed  33%
Supplementary Exam 1.5 Hours   Exam  - if failed exam element. This exam is ‘Open Book’. Candidates may bring any materials (notes and books) into the examination, with the exception of any library books and electronic devices.  67%

Learning Outcomes

On successful completion of this module students should be able to:


Demonstrate an in depth knowledge of the substantive protections in the area of human rights both within the UK and in the international arena.
Critically analyse the differences between, and points of convergence of, human rights and humanitarian law.
Analyse and evaluate strengths and weaknesses in the existing legal provision and enforcement in the area of rights, both nationally and internationally.
Explain and analyse the interaction between national and international provision.
Explain and analyse the interaction between human rights and government policy and the shaping of new laws.
Identify problems in the provision of human rights and suggest possible solutions.
Demonstrate both knowledge of and a real understanding of both national and international materials by proving able to critique and analyse these legal materials.
Demonstrate both knowledge of and a real understanding of policy initiatives in the area of human rights and humanitarian law by proving able to critique and analyse these initiatives.

In addition to these intellectual skills, students will be able to demonstrate:
Enhanced capacity for independent and critical thought.
Good time-management skills in preparing for seminars and submitting work on time.
The ability to carry out independent research for which credit will be given in the assessments
Locating and using relevant hard copy and electronic sources seminars will require preparation using material from websites.
Ability to work in groups.

Brief description

The module will concentrate on a detailed discussion of the important principal rights protected by human rights instruments, both under 'normal' human rights law and international humanitarian law. It will take account of, and give appropriate weight to, issues such as the dramatic developments in international humanitarian law whilst still covering the more important basic human rights. Some time will be spent on an examination of the UK Human Rights Act, although this will not form the central focus of the course.

Aims

To encourage students to pursue independent research as well as critical analysis of human rights materials. The intention will be to illustrate the very different intellectual skills used by lawyers in the application of human rights and humanitarian legal provisions.
The course aims to develop transferable skills such as research, analysis, critical evaluation which are valuable in many professional contexts. In addition it will equip future lawyers with the increasingly necessary ability to recognise and effectively deal with human rights issues in all areas of the law.
It will equip students with in depth knowledge of both international human rights and humanitarian law.

Content

The course will consider:

  • Protection and enforcement of human rights during armed conflicts.
  • Protection of basic rights under international human rights instruments. There will be a focus on specific rights, for example, right to privacy, freedom of religion, liberty of person.
  • Incorporation of basic rights into UK law.

Reading List

Essential Reading
Cassese, Antonio (2008) International Criminal Law 2nd ed. Oxford University Press Primo search Moir, Lindsay (2002) The Law of Internal Armed Conflict Cambridge University Press, Primo search Provost, Rene (2002) International Human Rights and Humanitarian Law Cambridge University Press Primo search Sassoli M and Bouvier A (2006) How Does Law Protect in War?: Cases, documents and teaching material on contemporary practice in International Humanitarian Law 2nd ed. ICRC Primo search Steiner, H.J., Alston P. & Goodman R. (2008) International Human Rights in Context 3rd ed. Oxford University Press Primo search
Recommended Text
Addison, Neil (2007) Religious Discrimination and Hatred Law Routledge Cavendish Primo search Bradney, Anthony (1993) Religions, Rights and Laws 1st ed. Leicester University Press Primo search Evans, Carolyn (2001) Freedom of Religion Under the European Convention on Human Rights Oxford University Press Primo search Feldman D (2002) Civil Liberties & Human Rights 2nd ed. Oxford University Press Primo search Fenwick H (2002) Civil Liberties & Human Rights 3rd ed. Cavendish Primo search Harris, O'Boyle and Warbrick (2009) Law of the European Convention on Human Rights 2nd ed. Oxford University Press Primo search Jacobs and White (2006) The European Convention on Human Rights 4th ed. Oxford University Press Primo search Janis M.W., Kay R.S. and Bradley A.W. (2008) European Human Rights Law: texts and materials 3rd ed. Oxford University Press Primo search Kalshoven, F. (1987) Constraints on the Waging of War ICRC Primo search Mowbray, Alastair (2007) Cases and Materials on the European Convention on Human Rights 2nd ed. Oxford University Press Primo search P. van Dijk et al. (1990) Theory and Practice of the European Convention on Human Rights 2nd ed. Kluwer Law International Primo search Poulter, Sebastian M. (1986) English Law and Ethnic Minority Customs Butterworth Primo search Starmer K (1999) European Human Rights Law Legal Action Group Primo search
Supplementary Text
Bantekas, Ilias (2003) International Criminal Law 3rd ed. Cavendish Primo search Kittichaisaree, Kriangsak, (2001) International Criminal Law Oxford University Press, Primo search Schabas, William A. (2000) Genocide in International Law Cambridge University Press Primo search

Notes

This module is at CQFW Level 6