Description

This course is designed to provide students with a more advanced, and inherently
more legal, insight into the mode of operation and effect the Strasbourg human
rights system has had on the shaping of national laws and policies over the last
decades. Two specific fields, namely freedom of expression and the rights of
persons in detention will serve as examples of the changing human rights culture
that is unique for Europe.

Within the framework of the Council of Europe, the European Court of Human
Rights (ECtHR) is best known and has certainly had the most profound impact on
European legal systems, policies and practices in the more than seventy years of
its operation.

Besides the ECtHR, a number of committees, groups of experts and monitoring
bodies conduct their work within the Council of Europe with a view to shaping
national human rights frameworks through their recommendations. 24
In an introduction, Natalia Vorobyeva will acquaint the students with the general
procedures at the ECtHR: Who can bring an application to the Court? How are
cases being dealt with by the registry and then the judges? What are the
possibilities for States to conclude a friendly settlement or a unilateral
declaration to remedy the victim before the final step? (– note that only the first
hour will be taught in person; two hours will be dedicated to the HELP course
intro to the ECHR/ECtHR)
In two sessions, Kirill Belogubets will focus on a specific right under the European
Convention on Human Rights, namely freedom of expression/freedom of speech.
He will particularly talk about issues such as limitations to freedom of expression
on moral grounds; new challenges and technologies; prisoners’ freedom of
expression; the European consensus on free speech / hate speech; and hate speech
against Roma. He will explore how in recent years, the Council of Europe has
identified hate speech as a manifestation of discrimination, which can lead to
other human rights violations. (2x2h – 14 October 2021, 10:00 a.m.-12:00 p.m., at
MISHA; 20 October 2021, 2:00-4:00 p.m., at MISHA)

In parallel, the students will conduct an online course developed by the Council
of Europe, Human Rights Education for Legal Professionals (HELP) - Course on
Hate Crime and Hate Speech. (8h)
Julia Kozma will introduce the students to monitoring of human rights in general,
present the diverse monitoring bodies of the Council of Europe with a particular
focus on the European Committee for the Prevention of Torture (CPT) and its
work in places of detention, and speak about the complementarity of monitoring
to the Court's work.
The Executive Secretary or another senior member of the secretariat of the
European Commission against Racism and Intolerance (ECRI), will be invited as a
guest speaker. ECRI is a unique human rights monitoring body which specialises
in questions relating to the fight against racism, discrimination (on grounds of
“race”, ethnic/national origin, colour, citizenship, religion, language, sexual
orientation, gender identity and sex characteristics), xenophobia, antisemitism
and intolerance in Europe.
Julia Kozma will give a tutorial on legal research and writing and help the students
with their final assignment (see below). She will will explain how to search
decisions and judgments on HUDOC and how to read and analyse concrete cases,
incl. individual opinions.
Natalia Vorobyeva will conclude the course by explaining the measures the Court
can recommend or order in case it finds a violation of the Convention. She will
speak about just satisfaction and the binding force and execution of judgments
under Art. 41 and Art. 46 ECHR and do a practical exercise with the students that
illustrates the various ways in which judgments can be implemented on the
national level.

Compétences requises

Compétences visées

Capacity to analyse and synthesise national and European legal and political
materials; ability to engage in critical reflections on a precise topic.
Writing skills

Modalités d'organisation et de suivi

Students will be required to write a legal essay/paper on the impact of the
ECtHR or a monitoring body on national legislation in the field of hate
speech/hate crime; racism/intolerance; or prevention of ill-
treatment/prisoners' rights. The exact content can be discussed with the
tutor/course responsible.
The paper should not exceed 10 pages (Arial/Times New Roman or similar font,
size 12, 1.5 spacing).

Disciplines

• Études anglophones

Informations complémentaires

Course coordinator/lecturer: Julia Kozma, former member of the European
Committee for the Prevention of Torture (CPT, Council of Europe), human rights
consultant and teaching staff member at the University of Strasbourg
(j.kozma@unistra.fr).

Lecturers: Natalia Vorobyeva, Senior Case Lawyer, Registry of the European
Court of Human Rights; Kirill Belogubets, Senior Case Lawyer, Registry of the
European Court of Human Rights; PhD student (University of Strasbourg).

Guest lecturers from diverse Council of Europe bodies will give input, depending
on their availability

Bibliographie

Mandatory reading (throughout the semester):
 HELP online course Introduction to the ECHR and the ECtHR (excluding module
on execution of judgments); and HELP online course on Hate Crime and Hate
Speech:

http://help.elearning.ext.coe.int/login/index.php

(Log-in required)

European Convention on Human Rights (in English, in other languages - here)


Optional reading material:

- relating to free speech:

ECtHR factsheets:
 Access to Internet,
 Hate speech,
 Protection of journalistic sources,
 Protection of reputation

Case-law Guide on Article 10 ECHR
HELP online self-learning course: Freedom of expression
Freedom of Expression in 2021 Report
Execution of ECtHR’s judgments on free speech
CoE Freedom of Expression Portal 26

- relating to rights of persons in detention

ECtHR factsheets:

Accompanied migrant minors in detention
Detention and mental health
Detention conditions and treatment of prisoners
Extradition and life imprisonment
Hunger strikes in detention
Life imprisonment
Migrants in detention
Prisoners’ right to vote
Prisoners' health-related rights
Right to respect for family life of prisoners in remote penal facilities
Secret detention sites
Unaccompanied migrant minors in detention

HELP online self-learning course: CPT standards

Execution of ECtHR’s judgments on conditions of detention in 2021
Execution of ECtHR’s judgments on investigations of death and ill-treatment in
2021


- relating to the “impact” of the ECHR/ECtHR

Impact of the European Convention on Human Rights (CoE portal)
Enhancing the national implementation of the ECHR
European Convention on Human Rights – A living instrument (in English, in other
languages - here)

Execution of ECtHR’s judgments in 2021
Moving Forward 2022, Annual Report by the CoE Secretary General

Contacts

Responsable(s) de l'enseignement

• Julia Kozma