This module concerns the origins, scope, and applicability of the principle human rights regimes in Europe. The module will concentrate on the critical analysis of the human rights system established by the Council of Europe, with a particular focus on the substantive provisions of the European Convention on Human Rights.
In the second half of the course, the course will explore the increasing influence of the European Union in the sphere of human rights, with regard to the EU Charter of Fundamental Rights and the case law of the European Court of Justice (ECJ). Towards the end of the course, the module will scrutinise the influence of Ireland's membership of the European Union and the impact of European case law on human rights jurisprudence in Ireland.
I. The European Convention on Human Rights
- The history of the Convention, the general scope of its protections and the competing philosophies which influenced its eventual shape;
- The enforcement procedures in place which give life to the Convention at an international level, and how these compare to other regional human rights systems;
- The scope and application of various core rights, including those in the original Convention, and the adTU Dublinional rights granted by Protocols 1 and 4
II. Incorporation of the Convention, and its impact on the Irish legal system.
III. Human Rights Protection Under the European Union
- The development of human rights protection by the European Union
- The extent to which it is possible to litigate human rights issues under EU law
- The genesis of the Charter of Fundamental Rights and how it compares to the Convention
- The relationship between the European Union and European Court of Human Rights, including the issue of accession.
IV. Future Prospects & Possible Reform
Lectures
The module will primarily be delivered through a weekly lecture. However, lectures will adopt a student-centred approach, and student learning will often be supported through the following activities:
Small Group Activities
Students will be assigned to groups to discuss and interpret key passages from the case-law of the European Court of Human Rights. The lecturer will provide assistance and guidance on how to interpret these terms. Students will then be expected to present their findings to their peers via minute papers or short oral presentations. This will provide a strong basis for making notes on key cases.
Problem-Based Learning
Students will be assigned to groups to work through hypothetical human rights issues. Students will be expected to assist one another in the identification of legal issues, the interpretation of the relevant rights, and the presentation of an accurate response to the lecturer.
Active Viewing
Throughout the year, students will interact with a variety of engaging audio-visual resources drawn from popular media and YouTube. Students will be asked to engage in peer-to-peer discussion and to complete handouts on these resources.
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 60 |
| Other Assessment(s) | 40 |