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PrF:MV728K Legal Clinic - Course Information

MV728K Legal Clinic of Refugee Law

Faculty of Law
Autumn 2007
Extent and Intensity
1/0. 2 credit(s). Type of Completion: k (colloquium).
Teacher(s)
prof. JUDr. Dalibor Jílek, CSc. (lecturer)
Mgr. Hana Lupačová (seminar tutor)
Supervisor
prof. JUDr. Dalibor Jílek, CSc.
Department of International and European Law - Faculty of Law
Contact Person: Hana Brzobohatá
Timetable
Mon 24. 9. to Fri 21. 12. each odd Thursday 16:40–18:10 124
Prerequisites
! MV728Z Legal Clinic
Administrative Law.
Course Enrolment Limitations
The course is offered to students of any study field.
The capacity limit for the course is 12 student(s).
Current registration and enrolment status: enrolled: 0/12, only registered: 0/12, only registered with preference (fields directly associated with the programme): 0/12
Course objectives
Freedom of movement is one of milestones of refugee law but in this context it is manifested as the harsh deformation. Since the movement should be a reflection of the free decision and not an enforced act of an individual who flees involuntarily beyond the borders of his country of origin. The reasons for the enforced departure can be seen in the persecution as the absence of de iure or de facto protection of the state and the existence of serious human rights violations as well as the war and disasters. International and domestic law offer different forms of protection: asylum and temporary protection. The asylum as an authoritative act of the state can be of territorial, diplomatic or political forms while the temporary protection is limited in time and structure (residence, health care, shelter and boarding, or work permit) because it enables minimum existence in the territory of the receiving state. The asylum provides security against refoulement, deportation, it provides the protection against the personal jurisdiction of the country of origin but also the right to permanent residence with other benefits. The asylum in the sense of the human right, as regulated in 1969 American Convention on Human Rights, limits the discretion of the state and imposes an obligation of providing international protection if the conditions for the rule are met. The course can mediate the multicultural world in its richness but also show the problems of integrating and assimilating recognised asylum-seekers. Moreover, it reveals different interpretation of the key provisions under the 1951 Geneva Convention and the 1967 New York Protocol relating to the Status of Refugees with the aim of provoking critical legal reasoning and the ability to find adequate interpretation.
Syllabus
  • 1. Pluralism of forms of asylum in domestic and international law. Asylum as the freedom against persecution. Conflicts between the asylum in the competence of the state (diplomatic, territorial and political) and the asylum as the right of an individual. 2. 1951 Geneva Convention and 1967 New York Protocol relating to the Status of Refugees and their temporal, territorial and material scope of applicability. 3. The evolution of the refugee definition before World War II and after that conflict. Legal definition of a refugee in accordance with 1951 Geneva Convention and its key concepts: persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. 4. Exclusion and cessation clauses in determining the refugee under the 1951 Geneva Convention and their systematic and purposeful interpretation. 5. The analysis of the non-refoulement principle with the aspect to personal, temporal, territorial and material ambit. 6. Temporary protection in domestic and international law. Critical analysis of the provision under the 2000 Aliens Act of the Czech Republic. The concept of "save countries" and its consequences. 7. The tasks of the UN High Commissioner for Refugees Office (UNHCR).
Literature
  • JÍLEK, Dalibor. Společný evropský azylový systém:právní pojem "pronásledování" : sborník (The Common European Asylum System: The Common Concept of "Persecution"). 1. vyd. Brno: Masarykova univerzita, 2005. 275 pp. (Spisy PrF MU v Brně. Řada teoretická ; Sv. 292). ISBN 80-210-3798-9. info
Language of instruction
Czech
Further Comments
Study Materials
The course is taught each semester.
The course is also listed under the following terms Autumn 2006, Autumn 2008, Autumn 2009, Autumn 2010, Autumn 2011, Autumn 2012, Autumn 2013, Autumn 2014, Autumn 2015, Autumn 2016, Autumn 2017.
  • Enrolment Statistics (Autumn 2007, recent)
  • Permalink: https://is.muni.cz/course/law/autumn2007/MV728K