Fundamental Rights and Liberties
|Course code module||MREC10030|
|Study load (hours)||168|
|Language of instruction:||Dutch|
|Semester exam information:||exam in the 1st semester|
|Contract restriction information:|
Solid passive command of French and English, so that you are able to read and analyze jugdments in these languages.
2. Objectives (expected learning outcomes)
Upon succesfull completion of this course, students
- have a proper understanding of human rights law and specific human rights
- understand the dynamic interplay between human rights as principles of a legal system and selected fields of law
- are able to critically reflect on transversal topics of human rights law
- are able to deal with a new human rights case in light of existing case-law
3. Course content
The course offers a thorough introduction to human rights law, which is relevant to every student of law. In a first part, attention will be paid to the institutional context, a number of rights, rights of particular groups, and some conceptual themes (positive obligations, conflict of rights). The main focus will be on the European system, and its interaction with the Belgian legal order.
A selection of human rights will be explored so as to zoom in on transversal themes such as positive obligations, horizontal application, conflicts of human rights, an integrated approach, jurisdiction, margin of appreciation, waiver of rights etc.
The structure of the course is as follows:
- concept - foundations - categories
- introduction to transversal themes
- institutional framework: treaties and monitoring inside and outside Europe
- protection in Belgium - relationship between legal orders
- specific rights: right to life - prohibition of torture - right to a fair trial - right to private and family life - freedom of assembly - right to health - right to housing - right to education - equality and non-discrimination
- transversal themes: concluding comments
- territoriality and jurisdiction
4. Teaching method
Direct contact: Lectures
5. Assessment method
Exam: Oral, with written preparationClosed bookOpen questions
6. Compulsory reading – study material
W. Vandenhole, Fundamentele rechten en vrijheden - Arresten en Documenten 2010, Acco.
W. Vandenhole, Human Rights Treaties 2010, Acco.
7. Recommended reading - study material
laatste aanpassing: last update: 28/09/2010 09:54 wouter.vandenhole