Module Identifier LA30620  
Module Title HUMAN RIGHTS - SUBSTANTIVE PROTECTION  
Academic Year 2004/2005  
Co-ordinator Miss Katherine S Williams  
Semester Intended for use in future years  
Next year offered N/A  
Next semester offered N/A  
Other staff Ms Ann P Sherlock, Professor Ryszard W Piotrowicz  
Course delivery Lecture   40 Hours One two hour lecture and two one hour lectures per week  
  Seminars / Tutorials   8 Hours Four two hour seminars  
Assessment
Assessment TypeAssessment Length/DetailsProportion
Semester Exam2 Hours  66%
Semester Assessment Written Assignment of 2000 words (required in Week 10)  33%
Supplementary Exam By retaking the failed element (ie written assignment or examination or both if applicable)  100%
Professional Exemptions Not Required for Professional Purposes  

Learning outcomes

By the end 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.
Analyse and critique the differences between and points of convergence of human rights and humanitarian provisions.
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 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 provided for in international instruments. Some time will be spent on an examination of the UK'r 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 to these 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.
To equip students with in depth knowledge of both international human rights and humanitarian law.

Content

It will include:
The principal rights recognised in the universal and major regional conventions

Basic fundamental rights:
The right to life, liberty and security of person.
The rights to privacy and to expression.
Incorporation of basic rights into UK law.

Protection and enforcement of Human Rights During Armed Conflicts

Reading Lists

Books
** Recommended Text
H J Steiner & P Alston (2000) International Human Rights in Context Oxford University Press
M Sassoli and A Bourier (1999) How does law protect in war?: Cases, documents and teaching material on contemporary practice in International Humanitarian Law
R Smith (2001) Textbook on International Human rights
R Wallace (1997) International Human Rights: Texts & Materials Sweet & Maxwell
K Starmer (1999) European Human Rights Law Legal Action Group
R Wallace (2001) International Human Rights: Texts & Materials 2nd. Sweet & Maxwell
D Feldman (2001) Civil Liberties & Human Rights 2nd. Clarendon Press
E Shorts & C de Than (2001) Human Rights Law in the United Kingdom Sweet & Maxwell
H Fenwick (2002) Civil Liberties & Human Rights 3rd. Cavendish

Notes

This module is at CQFW Level 6