BEV402Zk European Protection of Human Rights

Faculty of Law
Spring 2009
Extent and Intensity
2/0. 3 credit(s). Type of Completion: zk (examination).
Teacher(s)
doc. JUDr. Mgr. Pavel Molek, Ph.D., LL.M. (lecturer)
JUDr. Ladislav Vyhnánek, Ph.D., LL.M. (lecturer)
Guaranteed by
prof. JUDr. Jan Filip, CSc.
Department of Constitutional Law and Political Science – Faculty of Law
Contact Person: Hana Brzobohatá
Timetable
Mon 23. 2. to Fri 22. 5. Mon 18:15–19:45 302
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 25 student(s).
Current registration and enrolment status: enrolled: 0/25, only registered: 0/25
fields of study / plans the course is directly associated with
Course objectives
International law has been gradually developed in the direction of the cohesive protection of human rights. The individual has stopped being an object of international regulation and acquired the legal status of a person of international law, though dependant, uncertain and marginal. The field of international human rights protection has been discovering an advantageous legal position for an individual since s/he has been endowed with individual human rights but the state is bound in respect of her/him by negative or positive duties. The above-mentioned field of international order does not only govern "the having" of human rights but also the control and implementation mechanisms or procedural rules. The dichotomy of human rights regulation (substantive and procedural) provides vital impetus for their respect at the domestic level. The international regime, however, lays down only subsidiary protection. The international treaties and conventions on human rights create the basis of the mentioned sub-system. The instruments of this kind does not express the "dead letter" but living norms the interpretation of which covers different intellectual operations including invisible instinctive processes. The canons of interpretation have dehierarchized position, i.e. they do not remain on mutually subordinate positions. The following methods are used for the interpretation of human rights rules: linguistic, systematic, logic, teleological, functional, comparative, "margin of appreciation", dynamic, etc. Acquiring the above-mentioned canons is an inevitable objective for teaching human rights that results in understanding their mutual interdependence and interdetermination. The exact purpose of the mentioned discipline can be seen then in expressing the human extent of international law that results from the spring of anthropocentrism and humanism.
Syllabus
  • 1. Ideological sources for the protection of human rights. Genesis of human rights. Universal and regional protection of human rights. 2. The Czech Republic and its obligations in the sphere of human rights protection. Constitutional Court of the Czech Republic and international human rights protection. 3. Universal human rights protection, control mechanisms of the human rights protection in accordance with universal instruments. 4. International human rights protection in Europe: the ways of constitutional reception, Council of Europe human rights Conventions and control mechanisms pursuant to them, human rights protection in EU, the Charter of fundamental rights in EU. 5. European Convention on Human Rights and its 11th Protocol. European Court for Human Rights and the reasons for its current overloading and possible solutions. European Court for Human Rights as a general judicial instance of the Council of Europe. 6. American and African standards for human rights protection. Protection of the rights of the child at the international level. 7. International protection of minorities in general and the Roma minority in particular.
Literature
  • REPÍK, Bohumil. Evropská úmluva o lidských právech a trestní právo. Vyd. 1. Praha: Orac, 2002, 263 s. ISBN 80-86199-57-6. info
  • REPÍK, Bohumil. Ľudské práva v súdnom konaní. 1. vyd. Bratislava: Manz, 1999, 252 s. ISBN 80-85719-24-X. info
  • SUDRE, Frédéric. Mezinárodní a evropské právo lidských práv. Translated by Jiří Malenovský. Vyd. 1. Brno: Masarykova univerzita, 1997, 364 s. ISBN 8021014857. info
Assessment methods
The exam is written and oral.
Language of instruction
Czech
The course is also listed under the following terms Spring 2006, Spring 2007, Spring 2008.
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