Human Rights and Fundamental Liberties
Etablissement : Faculté de Droit – Lille et Issy-les-Moulineaux
Langue : Anglais
Formation(s) dans laquelle/lesquelles le cours apparait :
Période : S2
Students should have basic knowledge of International Law (subjects, sources, responsibility). They should also be aware of the historical aspects of the creation of this International mechanisms.
The aim of this course is to present the main Universal and Regional instruments and mechanisms of the International protection of Human Rights and the legal regime of substantive Human Rights.
After a brief introduction, we will focus on the functionning of the mechanisms of the ICCPR, the ECHR and the InterAmerican CHR. Then we will analyse the caselaw of the organs presented and especially the implementation of the non-derogable rights, of some rights subjected to restrictions, of some procedural guarantees and of the prohibition of any discrimination.
At the end of the course, the student should be able to introduce an application, to examine and analyse the competence of the organ and the admissibility of the application and to analyse the legal regime of the rights concerned.
1. Universal instruments and mechanisms of ptotection
2. Regional instruments and mechanisms of protection
3. Competence of the organs and admissibility criteria
4. Non-derogable Rights: right to life, prohibition of torture, prohibition of slavery
5. Admissible restrictions to Human Rights: private life, freedom of thought and religion, freedom of expression
6. Procedural guarantees
7. Prohibition of discrimination
