Swedish name: Rättsligt skydd för mänskliga rättigheter (Juristprogrammet)
This syllabus is valid: 2024-08-26 and until further notice
Course code: 2JU238
Credit points: 15
Education level: Second cycle
Main Field of Study and progress level:
Law: Second cycle, has only first-cycle course/s as entry requirements
Grading scale: Pass with distinction, Pass with credit, Pass, Fail
Responsible department: Department of Law
Established by: Head of Department of Law, 2023-03-27
Contents
The course describes, analyzes and critically assesses human rights in an international, regional, and national constitutional context. The normative protection of human rights is covered as well as their enforcement and application. The importance of human rights for the understanding and conditioning of constitutions and the role of constitutions for realizing human rights in practice are subject to analysis and critical discussion in relation to current situations.
The course will relate to, and include:
- The relationship between human rights law, public international law, and its theories and methods.
- The relationship between human rights, constitutional norms and principles, and their implementation.
- The role of national states as well as global and regional organizations for the protection of human rights.
- The international protection for certain groups including women, children and refugees.
- Discussions of individual and group rights and the relationship between them.
Expected learning outcomes
Upon completion of the course the student should be able to:
Knowledge and understanding
* demonstrate advanced knowledge of the importance and position of human rights in the context of public international law as well as constitutional law,
* demonstrate advanced knowledge of global, regional as well as national constitutional systems for the protection of human rights of individuals and groups, and
* demonstrate advanced knowledge of different kinds of rights, their characteristics, interrelationships and implications for national implementations.
Skills and ability
* be able to analyse and critically assess challenges and problems related to human rights in public international law and constitutional law.
120 hp rättsvetenskap. Grundläggande behörighet i engelska för högskolestudier.
Form of instruction
The instruction is in the form of lectures and seminars. Presence at the seminars is compulsory. The students are supposed to prepare assignments for the seminars and be active participants in the seminars.
The language of the course including its literature and examination is English.
A student who has been accepted and registered for the course has the right to teaching and guidance only during the term/academic year when he/she was accepted and registered.
Examination modes
Examination takes place through fulfillment of two parts, partly the compulsory course elements specified in component 1 below, partly writing an essay as specified in component 2 below.
Component 1
Active participation during compulsory seminars and fulfillment of any written assignments belonging to those seminars.
Component 2
Fulfillment of an individual written essay at the end of the course.
Grades
A passing grade on the activities under components 1-2 above are required to receive a passing grade for the course as a whole. For component 1 the grades Fail (U) or Pass (B) can be awarded. On the essay the grades awarded are Fail (U), Pass (B), Pass not without Distinction (Ba) and Pass with Distinction (AB).
On the entire course, the grades given are Fail (U), Pass (B), Pass not without Distinction (Ba) and Pass with Distinction (AB). The grade for the course as a whole is based on the result of the essay and awarded after the completion of all compulsory course elements.
The appointed examiner may decide to use other forms of examination if required by particular circumstances. A student who has not received a passing grade on a test will be afforded an opportunity for re-examination. A student who has passed examination may not be re-examined. A student who has taken two tests for a course or segment of a course, without passing, has the right to have another examiner appointed, unless special reasons exist. A written request for change of examiner is submitted to the Director of Undergraduate Education.
Students who have participated in but failed a test, including essays, seminars, written and oral assignments et cetera, but not including the final written, take home or oral test of the course, have the right to do a make-up assignment in order to reach the grade Pass (but not higher grades). The student may still achieve a higher grade than Pass on the course overall, if all requirements for the grade in question are fulfilled. The make-up assignment must be completed no later than two months after the student learned of the failed grade and using the same form of examination.
Transfers
Students have the right to apply to have a previous education or experience evaluated for transfer of credits. For more information, see:
www.umu.se/utbildning/antagning/tillgodoraknande/
International human rights law
Moeckli Daniel, Shah Sangeeta, Sivakumaran Sandesh
Fourth edition : Oxford University Press : [2022] : 710 sidor :
ISBN: 9780198860112
Mandatory
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In addition, a number of articles and texts related to the seminars will be distributed via the course learning platform.
Rule of Law, Human Rights and Judicial Control of Power : Some Reflections from National and International Law
Arnold Rainer., Martínez-Estay José Ignacio.
Cham : Springer International Publishing : 2017 : XI, 446 p. :
Table of Contents / Abstracts
ISBN: 9783319551869
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International human rights law and practice
Bantekas Ilias, Oette Lutz
Third edition : Cambridge : Cambridge University Press : 2020 : 941 sidor :
ISBN: 9781108711753
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Harris, O'Boyle & Warbrick : law of the European convention on human rights
Harris David J., O'Boyle M., Bates Ed, Buckley Carla
Fourth edition : Oxford, United Kingdom : Oxford University Press : [2018] : lxv, 986 pages :
ISBN: 9780198785163
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Shaw Malcolm N.
International law
Ninth edition. : Cambridge : Cambridge University Press : 2021 : xcv, 1213 pages :
ISBN: 9781108477741
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