The course introduces students with the European standards for the protection of human rights in the area of criminal procedural law and criminal justice in general, which have arisen out of the jurisprudence of the European Court for Human Rights in Strasbourg. In Europe, the system for the protection of human rights represents a multilevel structure which includes instruments originating from the framework of the United Nations, the Council of Europe, the European Union, and national constitutions. The European Convention for the Protection of Human Rights and Fundamental Freedoms which was adopted in the framework of the Council of Europe, represents the most important instrument for the protection of individual human rights in Europe, which exerts significant impact on the national criminal justice systems. Its effects and strength arise out of the existence and functioning of its supervision mechanism which is established through the European Court for Human Rights the jurisprudence of which has supranational effect and which decides on the individual complaints filed against the Contracting States.
In the introductory part of the course an overview of the background, development and legal effects of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the jurisprudence of the European Court for Human Rights is given. The major part of the course is dedicated to the deepening of students’ knowledge of human rights and freedoms guaranteed by the Convention which relate to the area of criminal justice, such as: right to life, prohibition of torture and other cruel and inhuman treatment and punishment, right to liberty and security, right to fair trial (in criminal procedure), right to respect for private and family life, home and correspondence, freedom of expression, and prohibition of discrimination. Special attention is dedicated to the Court’s rulings rendered in the proceedings against the Republic of Croatia.
Human Rights and Criminal Justice
Human Rights and Criminal Justice
Literature
MANDATORY LITERATURE
Convention for the Protection of Human Rights and Fundamental Freedoms Protocols
RECOMMENDED LITERATURE
The ECHR in 50 questions
The Standard Approach under Articles 8-11 ECHR and Article 2 ECHR; Korff, Douwe
In-class presentations
Learning outcomes
Define the fundamental concepts, principles and rights of the European Convention for the Protection of Human Rights and Fundamental Freedoms
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
2. Define the basic concepts and institutes and fundamental doctrines and
principles of individual branches of law.
5. Explain the institutes of substantive and procedural law.
13. Combine the legal institutes and principles of the modern legal
system. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Understanding
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SKILLS
Information management skills, ability to apply knowledge in practice,
learning ability, clear and discernible oral and written expression skills. -
LEARNING CONTENT
Units:
1. Human rights, the Council of Europe, the European Convention for
the Protection of Human Rights and
2. European Court of Human Rights – development, structure,
admissibility, procedure
3. Basic concepts and tests: types of rights, derogations, negative
and positive obligations, and interpretative principles
4. Enforcement of judgments of the European Court of Human
Rights
5. Right to life
6. Prohibition of torture, inhuman and degrading treatment and
punishment;
7. The right to freedom and personal security;
8. Right to a fair trial;
9. The right to respect for personal and family life
10. Right to freedom of expression -
TEACHING METHODS
Lectures, guided discussion, problem solving, independent reading of
literature.
Apply appropriate legal terminology and use the case law databases and other materials from the Council of Europe and the ECtHR web pages
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
6. Apply appropriate legal terminology (in Croatian and one foreign
language) in clear and reasoned oral and written expression.
7. Use information technology and databases of legal data (e.g. legislation,
case law, legal journals and other e-sources).
8. Develop ethical, legal and socially responsible behaviour. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Application
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SKILLS
Information management skills, learning ability, use of a foreign language
in professional communication, research skills. -
LEARNING CONTENT
Units:
1. Human rights, the Council of Europe, the European Convention for
the Protection of Human Rights and
2. European Court of Human Rights – development, structure,
admissibility, procedure
3. Basic concepts and tests: types of rights, derogations, negative
and positive obligations, interpretive principles
4. Enforcement of judgments of the European Court of Human
Rights
5. Right to life
6. Prohibition of torture, inhuman and degrading treatment and
punishment;
7. The right to freedom and personal security;
8. Right to a fair trial;
9. The right to respect for personal and family life
10. Right to freedom of expression -
TEACHING METHODS
Lectures, guided discussion, problem solving, independent reading of
literature.
Analyses of the judgments of the European Court of Human Rights in criminal cases
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
6. Apply appropriate legal terminology (in Croatian and one foreign
language) in clear and reasoned oral and written expression.
11. Analyse relevant case law.
12. To evaluate legal institutes and principles in their development
dimension and in relation to the modern legal system. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Analysis
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SKILLS
The skill of information management, the ability to apply knowledge in
practice, the ability to solve problems, the ability to learn, the skills of
clear, discernible and argumentative oral expression. -
LEARNING CONTENT
Units:
1. Basic concepts and tests: types of rights, derogations, negative
and positive obligations, and interpretative principles
2. Enforcement of judgments of the European Court of Human
Rights
3. Right to life
4. Prohibition of torture, inhuman and degrading treatment and
punishment;
5. The right to freedom and personal security;
6. Right to a fair trial;
7. The right to respect for personal and family life
8. Right to freedom of expression -
TEACHING METHODS
Lectures, guided discussion, problem solving, student debate,
independent reading of literature.
Prepare and conduct research on a selected topic on cooperation and present the research results in written essay and oral presentation
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
15. Propose a solution to a legal problem with the aim of drafting a legal
opinion.
18. Conduct empirical or legal and interdisciplinary research.
20. Independently plan and present or / and in a team create legal
projects or actions in legal proceedings. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Synthesis / Creation
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SKILLS
The skill of information management, the ability to solve problems, use of
foreign language in professional communication, the ability to criticize and
be self-critical, the skills of clear and discernible oral expression. -
LEARNING CONTENT
Units:
1. Basic concepts and tests: types of rights, derogations, negative
and positive obligations, and interpretative principles
2. Right to life
3. Prohibition of torture, inhuman and degrading treatment and
punishment;
4. The right to freedom and personal security;
5. Right to a fair trial;
6. The right to respect for personal and family life
7. Right to freedom of expression -
TEACHING METHODS
Creating and demonstrating a practical task, acomplete discussion, solving
problem tasks, independent reading of literature.
Explain the conditionality of the development and protection of human rights through social, economic and political changes
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
1. Identify historical, political, economic, European, international or other
social factors relevant to the creation and application of law.
5. Explain the institutes of substantive and procedural law.
13. Combine the legal institutes and principles of the modern legal
system. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Synthesis / Creation
-
SKILLS
The skill of information management, the ability to apply knowledge in
practice, the ability to solve problems, the ability to learn, the skills of
clear and discernible oral expression. -
LEARNING CONTENT
Units:
1. Human rights, the Council of Europe, the European Convention for
the Protection of Human Rights and
2. European Court of Human Rights – development, structure,
admissibility, procedure
3. Basic concepts and tests: types of rights, derogations, negative
and positive obligations, interpretive principles
4. Enforcement of judgments of the European Court of Human
Rights
5. Right to life
6. Prohibition of torture, inhuman and degrading treatment and
punishment;
7. The right to freedom and personal security;
8. Right to a fair trial;
9. The right to respect for personal and family life
10. Right to freedom of expression -
TEACHING METHODS
Lectures, guided discussion, problem solving, student debate,
independent reading of literature.