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 335 | ||||
| Course Title in English | Positive Obligations Under the European Convention on Human Rights | ||||
| Course Title in Turkish | Avrupa İnsan Hakları Sözleşmesi Kapsamında Pozitif Yükümlülükler | ||||
| Language of Instruction | EN | ||||
| Type of Course | Lecture | ||||
| Level of Course | Introductory | ||||
| Semester | Spring,Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 96 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 | ||||
| Overall Educational Objective | To gain basic knowledge about the positive duty of the state to protect and guarantee human rights; to learn and critically analyze positive obligations of the state with regard to fundamental rights as imposed by the jurisprudence of the European Court of Human Rights (ECtHR); to be able to apply fundamental principles of international human rights to the national context | ||||
| Course Description | The essential aim of this course is to explore the concept of ‘positive obligation of the state’ as it is developed and implemented by the ECtHR. The concept of positive obligation refers to the duty of the state to take the necessary measures for an effective guarantee of fundamental rights and freedoms protected by the Convention system. The responsibility of the state in terms of positive obligations is a self-standing imperative within the Convention system, which is defined by the extensive case law of the ECtHR. Drawing on this, the goal of this course is to undertake a comprehensive study of various positive obligations of the state by analyzing the ECtHR’s case law with regard to the right to life, gender-based violence, migrants’ and prisoners’ rights, freedom of expression and discrimination. | ||||
| Course Description in Turkish | Bu dersin temel amacı, Avrupa İnsan Hakları Mahkemesi’nin geliştirdiği ve hayata geçirdiği haliyle ‘devletin pozitif yükümlülüğü’ kavramını ele almaktır. Pozitif yükümlülük kavramı, devletin Sözleşme sistemiyle korunan temel hak ve özgürlüklerini etkili biçimde güvenceye almak için gerekli tedbirleri alma görevini ifade eder. Devletin pozitif yükümlülüklerini yerine getirme sorumluluğu, Sözleşme sisteminde bağımsız bir sorumluluktur. Bu sorumluluğun kapsamı AİHM’in kapsamlı içtihadıyla belirlenmiştir. Bu çerçevede dersin amacı, AİHM içtihadının analizi temelinde, devletin, yaşama hakkı, toplumsal cinsiyete dayalı şiddet, göçmenlerin ve mahpusların hakları, ifade özgürlüğü ve ayrımcılık yasağı alanlarındaki pozitif yükümlülüklerinin kapsamlı ve bütünlüklü bir bakışla incelenmesidir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understand the definition, scope and content of positive obligations of the state 2) Know the basic principles of the European system of protection with regard to implementation of positive obligations 3) Identify critical human rights issues where positive obligations apply 4) Analyze and interpret the ECtHR’s case law on positive obligations 5) Apply the principles with regards to positive obligations in domestic law |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|---|
| 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. | H | 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. | N | |
| 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. | S | 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). | N | |
| 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. | S | Exam |
| 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. | H | 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. | H | Exam |
| Prepared by and Date | HÜLYA DİNÇER , January 2024 |
| Course Coordinator | HÜLYA DİNÇER |
| Semester | Spring,Fall |
| Name of Instructor | Asst. Prof. Dr. HÜLYA DİNÇER |
Course Contents
| Week | Subject |
| 1) | Conceptualizing ‘positive obligation’: the horizontal effect of the Convention |
| 2) | Duty to protect life and physical integrity: regulation of use of force; providing medical assistance |
| 3) | Procedural duty: Obligation to investigate |
| 4) | Prisoners’ rights and positive obligations of the state |
| 5) | Gender-based violence and duty to protect |
| 6) | Gender identity, reproductive rights and positive obligations |
| 7) | Mid-term exam |
| 8) | Protection of freedom of expression against violence and protection against hate speech |
| 9) | Protection of freedom of expression against violence and protection against hate speech |
| 10) | Protection of peaceful assembly |
| 11) | Prohibition of discrimination |
| 12) | Protection of linguistic and cultural rights |
| 13) | Environmental rights |
| 14) | Migrants’ rights |
| 15) | Final Examination Period |
| 16) | Final Examination Period |
| Required/Recommended Readings | - Alistair R. Mowbray, The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights, Bloomsbury, 2004. - Jean-François Akandji-Kombe, Positive obligations under the European Convention on Human Rights, Human Rights Handbook, No. 7, https://rm.coe.int/168007ff4d - Cultural rights in the case-law of the European Court of Human Rights, https://www.echr.coe.int/documents/research_report_cultural_rights_eng.pdf | ||||||||||||
| Teaching Methods | lecture | ||||||||||||
| 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 | 2 | 2 | 1 | 70 | ||
| Midterm(s) | 1 | 8 | 2 | 10 | |||
| Final Examination | 1 | 14 | 2 | 16 | |||
| Total Workload | 96 | ||||||
| Total Workload/25 | 3.8 | ||||||
| ECTS | 4 | ||||||