Content

After a short introduction to a few characteristics of fundamental rights, two major themes are dealt with. The first theme concerns international and European law regarding human rights in general. In this respect, the following aspects are discussed, among others: the institutional and normative framework (human rights treaties, with emphasis on international control mechanisms), the nature of obligations of the states (negative and positive), the effects of international human rights law in the domestic legal order. The second theme deals with a number of fundamental rights in particular. The following categories of rights will be examined: civil and political rights; economic, social and cultural rights; the principles of equality and non-discrimination.

Calendar:

I. Introduction

1. Concept of human rights; categories of fundamental rights; rights and duties of the individual; vertical and horizontal application; conflicts between various fundamental rights and between fundamental rights and other interests or rights
 
II. International law of human rights: general

2. Internationalisation of fundamental rights and national sovereignty; universality of fundamental rights
3. United Nations: Charter based mechanisms (in particular Human Rights Council); treaty based mechanisms (in particular International Covenant on civil and political rights and International Covenant on economic, social and cultural rights)
4. Council of Europe : European Convention on Human Rights (European Court of Human Rights: organisation, jurisdiction, procedure, execution of judgments; Secretary-general of the Council of Europe)
5. Council of Europe : European Convention on Human Rights (European Court of Human Rights: organisation, jurisdiction, procedure, execution of judgments; Secretary-general of the Council of Europe - continued); European Social Charter (Eur. Commitee Soc. Rights); other treaties
6. European Union; Organization for Security and Cooperation in Europe; Organization of American States; African Union
7. International human rights law in the domestic legal order: direct effect and primacy of international law; right to an effective remedy in domestic law
8. International human rights law in the domestic legal order: effects of the finding of a violation by an international control organ
9. Negative and positive obligations of states. Limitations of fundamental rights. National margin of appreciation and international supervision
 
III. Study of some fundamental rights

A. Civil and political rights (selected topics)

10. Right to life
11. Prohibition of torture and inhuman or degrading treatment or punishment
12. Right to respect for private life and family life
13. Freedom of expression
14. Freedom of expression (continued)
15. Right to a fair trial
16. Right to liberty and security; Right of property

 B. Economic, social and cultural rights

17. Economic, social and cultural rights – general.

C. Equality and non-discrimination, protection of vulnerable groups

18. Equality and non-discrimination

Course material

P. Lemmens and K. Lemmens, International and European Human Rights Law, Cases and Materials(Acco)

P. Lemmens and K. Lemmens, International and European Human Rights Law, Texts (Acco)

Format: more information

The classes are mainly conceived as lectures, in the sense that there is for each theme first a general examination of the various subjects and then a discussion of concrete cases. There is room for discussion.