European Human Rights Law (LL217 Half Unit)

This course offers an introduction to the European Convention on Human Rights (ECHR) and the case law of the European Court of Human Rights (ECtHR). It focuses on the human rights implications of morally and politically sensitive issues. The course begins by explaining the ECHR and the legal framework developed by the ECtHR, including concepts like proportionality, the margin of appreciation, the living instrument doctrine, and the evolving consensus doctrine. It also covers negative and positive obligations under the convention. The subsequent weeks delve into the Court's jurisprudence on key human rights, such as freedom of expression, religion, association, and the right to privacy, with a specific emphasis on controversial topics. These include hate speech, religious offence, the protection of religious symbols, sexual practices like sado-masochism, the human rights status of same-sex relationships, and human rights in extradition and deportation cases. The aim is to equip students with the ability to develop nuanced and balanced arguments on these complex human rights issues. The final part of the course explores theories of human rights adjudication, discussing concepts from prominent legal scholars.

Curriculum

The course covers the legal framework of the ECHR, key human rights, and theories of rights adjudication. Teaching consists of lectures and classes.

1. Autumn Term
   • Introduction to the ECHR and ECtHR
   • Doctrinal Framework (Proportionality, Margin of Appreciation, Living Instrument Doctrine, Emerging Consensus Doctrine, Negative and Positive Obligations)
   • Jurisprudence on Freedom of Expression
   • Jurisprudence on Freedom of Religion
   • Jurisprudence on Freedom of Association and the Right to Vote
   • Jurisprudence on Freedom from Torture and Inhuman or Degrading Treatment or Punishment
   • Jurisprudence on the Right to Respect for Private and Family Life
   • Theories of Human Rights Adjudication (Alexy, Kumm, Dworkin, Culture of Justification)
2. Spring Term