PrF:MVV343K European Court of Human Rights

MVV343K The European Court of Human Rights and the School

Faculty of Law
Spring 2022

Extent and Intensity

0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Taught in person.

Teacher(s)

Patrick Casey Leisure, J.D., LL.M. (seminar tutor), doc. JUDr. Ing. Michal Radvan, Ph.D. (deputy)

Guaranteed by

doc. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law

Timetable of Seminar Groups

MVV343K/01: Mon 11. 4. 16:00–17:40 041, Tue 12. 4. 14:00–15:40 041, Wed 13. 4. 14:00–15:40 041, Thu 14. 4. 16:00–17:40 041, 18:00–19:40 041, P. Leisure

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 30 student(s).
Current registration and enrolment status: enrolled: 26/30, only registered: 0/30

fields of study / plans the course is directly associated with

there are 87 fields of study the course is directly associated with, display

Course objectives

At the end of the course, students will have an in-depth understanding of the most important cases decided at the European Court of Human Rights arising from the primary and secondary school context. With a primary focus on the Council of Europe, the course will utilize well-known human rights cases arising from the school context to illustrate how human rights operate in the educational sphere. In addition to introducing students to the European Court of Human Rights, the course will highlight the historical, political, and legal underpinnings of each of these cases. Students will be tasked with evaluating the operation of the European Convention of Human Rights in the school context from various perspectives, analyzing the legal issues arising from these cases, and thinking critically about how human rights operate in schools.

Learning outcomes

At the end of the course, students will be able to:
1) Understand and situate the ECtHR in the European and global human rights protection regime.
2) Substantively engage with how the ECtHR has applied human rights in some of the most important cases arising from the school context.
3) Situate the ECtHR’s judgements in the school-context within the broader context of the European Convention on Human Rights.
4) Trace the history and development of the ECtHR’s jurisprudence in schools.
5) Understand and critically evaluate the place that the school occupies with respect to human rights protection in the Council of Europe.

Syllabus

SESSION 1: Course Introduction
Overview of the history of the ECtHR and its place in the European multilevel system of Fundamental Rights Protection.
Session 2: Early School Cases at The ECtHR
Belgium Linguistics Case (1968)
Kjeldsen, Busk Madsen and Pedersen v. Denmark (1976)
Campbell and Cosans v. UK (1982)
SESSION 3: Freedom of Religion and the School
Folgero v. Norway (2007)
Lautsi v. Italy (2011)
Dogru v. France (2008)
Grzelak v. Poland (2010)
SESSION 4: Discrimination and the School
D.H. v. Czechia (2007)
Orsus v. Croatia (2010)
Horvath and Kiss v. Hungary (2013)
Sampanis v. Greece (2012)
SESSION 5: Safety, Order, and Human Rights at School
Costello-Roberts v. UK (1993)
Kayak v. Turkey (2012)
O’keefe v. Ireland (2014)
F.O. v. Croatia (2021)

Literature

Key provisions of European Convention on Human Rights, ECtHR judgments, and relevant secondary readings, which will be distributed or made available online prior to the beginning of the course.

Teaching methods

Lectures and Discussion.

Assessment methods

Students will be evaluated on their writing and analytical ability. Each student will prepare a three to five-page paper analyzing one of the assigned class topics, an issue relevant to the class of the student’s choice, or another topic chosen by the student that is approved by the instructor. Papers should be written in English and will be due three weeks after the final class session. Students are encouraged to choose topics that are of interest to them.

PrF:MVV343K European Court of Human Rights - Course Information

MVV343K The European Court of Human Rights and the School

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