|| LA30620 |
|| HUMAN RIGHTS - SUBSTANTIVE PROTECTION |
|| 2007/2008 |
|| Professor Ryszard W Piotrowicz |
|| Semester 1 |
|| Ms Ann P Sherlock |
| Course delivery
|| Lecture || |
|| Lecture || 30 Hours. One two hour lecture and two one hour lectures per week |
|| Seminars / Tutorials || 6 Hours. Three two hour seminars |
|Assessment Type||Assessment Length/Details||Proportion|
|Semester Exam||1.5 Hours ||67%|
|Semester Assessment|| Written Assignment of 1000 words (required in Week 11) ||33%|
|Supplementary Exam|| By retaking the failed element (ie written assignment or examination or both if applicable) ||100%|
|| Not Required for Professional Purposes |
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.
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.
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.
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 expression, liberty of person.
- Incorporation of basic rights into UK law.
** Recommended Text
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
H J Steiner & P Alston (2000) International Human Rights in Context
Oxford University Press
K Starmer (1999) European Human Rights Law
Legal Action Group
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 (2001) International Human Rights: Texts & Materials
2nd. Sweet & Maxwell
R Wallace (1997) International Human Rights: Texts & Materials
Sweet & Maxwell
** Supplementary Text
Bantekas, Ilias. International criminal law /
Cassese, Antonio International Criminal Law
Houen, F.Kals Constraints on the Waging of War
Kittichaisaree, Kriangsak, International criminal law /
Oxford University Press, 0198765770
Moir, Lindsay, The law of internal armed conflict /
Cambridge University Press, 0521772168
Provost, Rene International Human Rights and Humanitarian Law
Sassoli, M and Bouvier, A How does law protect in war? :
International Committee of the Red Cross, 2881451101
Schabas, William A. Genocide in International Law
This module is at CQFW Level 6