Information Package / Course Catalogue
| Law | |||||
| Bachelor | Length of the Programme: 4 | Number of Credits: 240 | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF: Level 6 |
Ders Genel Tanıtım Bilgileri
| School/Faculty/Institute | Faculty of Law | |||||
| Course Code | LAW 302 | |||||
| Course Title in English | Human Rights Law | |||||
| Course Title in Turkish | İnsan Hakları Hukuku | |||||
| Language of Instruction | EN | |||||
| Type of Course | Flipped Classroom | |||||
| Level of Course | Introductory | |||||
| Semester | Spring,Fall | |||||
| Contact Hours per Week |
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| Estimated Student Workload | 100 hours per semester | |||||
| Number of Credits | 4 ECTS | |||||
| Grading Mode | Standard Letter Grade | |||||
| Pre-requisites | None | |||||
| Expected Prior Knowledge | None | |||||
| Co-requisites | None | |||||
| Registration Restrictions | Only Undergraduate Students and Erasmus Students | |||||
| Overall Educational Objective | To acquire a basic knowledge about the principles and mechanisms of international and regional human rights systems. This course will give students a comprehensive introduction to the European Convention on Human Rights, its structure, functioning, and the rights contained therein. The course will provide the students with the necessary skills to use the international remedies for human rights violations, including addressing to European Court of Human Rights. | |||||
| Course Description | This course aims to acquaint the students with the instruments and institutions of international human rights law with a particular focus on the European Convention on Human Rights (ECHR). In this perspective, the students will be first given a comprehensive introduction to the universal and regional human rights protection systems. The course will then elaborate on the structure and functioning of the European Convention system as well as its impact on national law. For the following sessions, the course will draw on the key cases of the European Court of Human Rights to study profoundly substantial rights guaranteed under the Convention. | |||||
| Course Description in Turkish | Bu ders öğrencilere uluslararası insan belgeleri ve mekanizmaları hakkında temel bilgiyi kazandırmayı; özellikle de Avrupa İnsan Hakları Sözleşmesi’nin sağladığı güvencelere odaklanmayı amaçlamaktadır. Derste ilk olarak evrensel ve bölgesel insan hakları koruma sistemlerine dair kapsamlı bir giriş yapılacak; daha sonra Avrupa İnsan Hakları Sözleşmesi sisteminin yapısı, işleyişi ve iç hukuka etkisi ayrıntılı olarak ele alınacaktır. Takip eden derslerde, Avrupa İnsan Hakları Mahkemesi’nin ilke kararları ışığında Sözleşme ile güvenceye alınan temel haklar ayrıntılı olarak işlenecektir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Comprehend the basic principles and mechanisms of international and regional human rights systems. 2) Understand the functioning of international human rights courts. 3) Understand the implementation of general principles by the European Court of Human Rights in its case law. 4) Bring an allegation of violation before the European Court of Human Rights. 5) Analyze and interpret the ECtHR’s case law with regard to critical human rights issues. 6) Apply the ECHR case law in domestic law. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| 1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | ||||||
| 2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | ||||||
| 3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | ||||||
| 4) The ability to internalize social, scientific and ethical values while evaluating legal information. | ||||||
| 5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | ||||||
| 6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | ||||||
| 7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | ||||||
| 8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | ||||||
| 9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | ||||||
| 10) Adoption of a positive approach to the concept of lifelong learning. | ||||||
| 11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | ||||||
| 12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
Relation to Program Outcomes and Competences
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | H | Exam |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | S | Exam |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | S | Exam |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | H | Exam |
| 5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | H | Exam |
| 6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Exam |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | H | Exam |
| 8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | S | Exam |
| 9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | N | |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | N | |
| 11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | S | Exam |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | S | Exam |
| Prepared by and Date | HÜLYA DİNÇER , January 2023 |
| Course Coordinator | HÜLYA DİNÇER |
| Semester | Spring,Fall |
| Name of Instructor | Asst. Prof. Dr. HÜLYA DİNÇER |
Course Contents
| Week | Subject |
| 1) | Introduction to international human rights law; Universal and regional human rights treaties and organizations |
| 2) | Historical Background, origins and structure of the European Convention System |
| 3) | European Court on Human Rights: Structure, functioning and admissibility |
| 4) | Article 2 of the ECHR: Right to life |
| 5) | Article 3 of the ECHR: Prohibition of ill treatment |
| 6) | Article 4 of the ECHR: Prohibition of Slavery and Forced Labor Article 5 of the ECHR: Right to Liberty and Security |
| 7) | Midterm Examination Week |
| 8) | Article 6 of the ECHR: Right to a fair trial |
| 9) | Article 7 of the ECHR: Right to No Punishment without Law Article 8 of the ECHR: Right to respect for private and family life, home and correspondence |
| 10) | Article 9 of the ECHR: Freedom of Thought, Conscience and Religion |
| 11) | Article 10 of the ECHR: Freedom of Expression |
| 12) | Article 11 of the ECHR: Freedom of Association and Assembly |
| 13) | Article 13 of the ECHR: Right to an effective remedy Article 14 of the ECHR: Prohibition of Discrimination |
| 14) | Article 1 of Protocol No. 1: The right to property Article 2 of Protocol No. 1: Right to Education |
| 15) | Article 3 of Protocol No.1: Right to free elections |
| 16) | Final Examination Week |
| Required/Recommended Readings | -Relevant case law of the ECtHR See: https://hudoc.echr.coe.int/eng No reading assignment for Week 1 and 2 Week 3: Natchova v. Bulgaria, No: 43577/98 43579/98 (2005); Mc Cann v. United Kingdom, No. 18984/91 (1995); Maiorano and others v. Italy, 28634/06, (2009); Opuz v. Turkey, No. 33401/02 (2009); Dink/Turkey, No: 2668/07, 6102/08, 30079/08, 7072/09 ve 7124/09 (2010). Week 4: Selmouni v. France, B. No: 25803/94 (1999); Mehmet Eren/Turkey, B. No: 32347/02 (2008); Ali Güneş v. Turkey, B. No: 9829/07 (2012); Ataykaya v. Turkey, No: 50275/08 (2012). Week 5: Rantsev v. Cyprus and Russia, 25965/04 (2010); Ahmet Hüsrev Altan v. Turkey, 13252/17 (2021). Week 7: Seyithan Demir v. Turkey, 25381/02 (2009); Kolu v. Turkey, 25381/02 (2005); Güveç v. Turkey, 70337/01 (2009); Sadak and others v. Turkey, 25144/94, 26149/95 to 26154/95, 27100/95 and 27101/95 (2002). Week 8: X and Y v. Netherlands, No. 8978/80 (1985); Dudgeon v. United Kingdom, No. 7525/76 (1983); Campbell v. United Kingdom, No. 13590/88 (1992); Rotaru v. Romania, No. 28341/9 (2000); Y.Y. v. Turkey, No. 14793/08 (2015). Week 9: Metropolitan Church of Bessarabia and Others v. Moldova, No. 45701/99 (2001), İzzettin Doğan and Others v. Turkey, No. 62649/10 (2016). Week 10: Ozgur Gundem v. Turkey, No. 23144/93 (2000), Dink v. Turkey, nos 2668/07, 6102/08, 30079/08, 7072/09, and 7124/09 (2010) (in Turkish), Murat Vural v. Turkey, no. 9540/07 (2014), Vejdeland and Others v. Sweden, no. 1813/07 (2012). Week 11: Oya Ataman v. Turkey, İzmir Savaş Karşıtları Derneği and Others v. Turkey, no. 46257/99, Dicle for the Democracy Party (DEP) v. Turkey, no. 25141/94. Week 12: Opuz v. Turkey, Oršuš and Others v. Croatia [GC], no. 15766/03, Nachova and Others v. Bulgaria [GC], nos 43577/98 and 43579/98. Recommended Books: - Harris, O’Boyle, Warbick, Law of the European Convention on Human Rights, Oxford University Press (Last edition). - European Convention of Human Rights: A Commentary, William A. Schabas, Oxford University Press (Last edition). - Routledge Handbook of International Human Rights Law / [edited by] Scott Sheeran, Nigel Rodley, Routledge Pub. (Last edition). - Olivier De Schutter, International Human Rights Law, Cambridge University Press (last edition). - İnsan Hakları Avrupa Sözleşmesi, Cilt 1 ve Cilt 2, Prof. Dr. Osman Doğru, Dr. Atilla Nalbant, Legal, 2016. - Anayasa ile Karşılaştırmalı İnsan Hakları Avrupa Sözleşmesi ve Mahkeme İçtüzüğü, Prof. Dr. Osman Doğru, On İki Levha Yayıncılık, 2010. - Avrupa İnsan Hakları Sözleşmesi ve Uygulaması - A. Şeref Gözübüyük, Feyyaz Gölcüklü, Abdurrahman Saygılı, Turhan Kitabevi, 2019. | ||||||||||||
| Teaching Methods | Lecture, Discussions, Case Study | ||||||||||||
| Homework and Projects | none | ||||||||||||
| Laboratory Work | none | ||||||||||||
| Computer Use | none | ||||||||||||
| Other Activities | none | ||||||||||||
| Assessment Methods |
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| Course Administration |
dincerhu@mef.edu.tr Office Hours: By Appointment |
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ECTS Student Workload Estimation
| Activity | No/Weeks | Hours | Calculation | ||||
| No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
| Course Hours | 14 | 1 | 2 | 2 | 70 | ||
| Midterm(s) | 1 | 10 | 2 | 12 | |||
| Final Examination | 1 | 16 | 2 | 18 | |||
| Total Workload | 100 | ||||||
| Total Workload/25 | 4.0 | ||||||
| ECTS | 4 | ||||||