Study-Unit Description

Study-Unit Description


CODE PBL5036

 
TITLE Judicial Enforcement of Human Rights

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit will focus on the judicial procedure for presenting a human rights claim before the national courts, the European Court of Human Rights and the European Court of Justice. Studies will focus on the procedural admissibility criteria, burden of evidence element and redress in cases of human rights.

Study-Unit Aims:

To study the procedural elements and criteria set for claims of human rights violations to be remedied through judicial procedures. The study-unit also aims to analyse the methods and nature of redress for violations of human rights.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

- Analyse the procedures by which claims of violations of human rights may be redressed through judicial procedures;
- Identify and analyse relevant caselaw and consider the principles developed by courts and tribunals in this field.

2. Skills
By the end of the study-unit the student will be able to:

- Draft relative judicial documents;
- Critique the criteria of admissibility set under different procedures;
- Identify the correct procedure applicable to different human rights claims.

Main Text/s and any supplementary readings:

Main Texts

- European Convention for the Protection of Human Rights and Fundamental Freedoms, ECHR, Council of Europe.
- Charter of Fundamental Rights, European Union.
- European Convention Act, Chapter 319, Laws of Malta.
- Constitution of Malta.

Supplementary Readings

- Procedural Guidelines, Council of Europe.
- Code of Organisation and Civil Procedure, Chapter 12, Laws of Malta.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 Yes 100%

 
LECTURER/S Therese Comodini Cachia
Ivan Sammut

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit