Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| THEORY and PRACTICE of the EURO. CONVEN. on HUMAN RIGHTS (ENG) | HUK4169270 | Fall Semester | 2+0 | 2 | 4 |
| Course Program | Cuma 10:00-10:45 Cuma 11:00-11:45 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Nihat BULUT |
| Name of Lecturer(s) | Assoc.Prof. Adem Ersin BAYRA |
| Assistant(s) | |
| Aim | To evaluate the scope and application of the European Convention on Human Rights and its additional protocols within the framework of the decisions of the European Court of Human Rights |
| Course Content | This course contains; The basic features of the European Convention on Human Rights (ECHR),Inter-state cases and individual applications, the jurisdiction of the European Court of Human Rights (ECtHR),The admissibility criteria of the complaints to the ECtHR,The examination of the merits of the complaints to the ECtHR,The interpretation and application of the ECHR,Right to life,Prohibition of torture, inhuman and degrading treatment and punishment,Personal liberty and security,Right to a fair trial,Right to respect for private and family life,Freedom of thought, conscience and religion, freedom of expression,Freedom of assembly and association,Right to an effective remedy, prohibition of discrimination,Protection of property, right to education, right to free elections. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Analyse the basic features of the European Convention on Human Rights (ECHR). | 10, 14, 16, 19, 9 | A |
| 1.1. Explain the difference between the ECHR and other human rights conventions. | 10, 13, 16, 19, 9 | A |
| 1.2. Discuss the impact of the ECHR on national legal systems. | 10, 13, 16, 19, 9 | A |
| 1.3. Discuss whether reservations to the ECHR are permissible or not. | 10, 13, 16, 19, 9 | A |
| 2. Evaluate inter-state and individual applications as well as the jurisdiction of the European Court of Human Rights (ECtHR). | 10, 14, 16, 19, 9 | A |
| 2.1. Distinguish the examination of the admissibility and the merits of the complaints to the ECtHR. | 10, 13, 16, 19, 9 | A |
| 2.2. Define the development of protection mechanism envisaged in the ECHR. | 10, 16, 19, 9 | A |
| 2.3. Define the subjects of interpretation and application of the ECHR. | 10, 14, 16, 19, 9 | A |
| 3. Evaluate the fundamental rights and freedoms protected by the ECHR | 10, 12, 16, 19, 9 | A |
| 3.1. Analyse the case-law of the ECtHR concerning the fundamental rights and freedoms. | 10, 14, 16, 19, 9 | A |
| 3.2. Evaluate the human rights issues of state parties to the ECHR and particularly Turkey. | 10, 16, 19, 6, 9 | A |
| 3.3. Discuss the difficulties in the implementation of the ECtHR decisions in domestic law and propose solution options. | 10, 13, 16, 19, 6, 9 | A |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The basic features of the European Convention on Human Rights (ECHR) | |
| 2 | Inter-state cases and individual applications, the jurisdiction of the European Court of Human Rights (ECtHR) | |
| 3 | The admissibility criteria of the complaints to the ECtHR | |
| 4 | The examination of the merits of the complaints to the ECtHR | |
| 5 | The interpretation and application of the ECHR | |
| 6 | Right to life | |
| 7 | Prohibition of torture, inhuman and degrading treatment and punishment | |
| 8 | Personal liberty and security | |
| 9 | Right to a fair trial | |
| 10 | Right to respect for private and family life | |
| 11 | Freedom of thought, conscience and religion, freedom of expression | |
| 12 | Freedom of assembly and association | |
| 13 | Right to an effective remedy, prohibition of discrimination | |
| 14 | Protection of property, right to education, right to free elections |
| Resources |
| No single textbook will be followed. |
| A. Şeref Gözübüyük ve Feyyaz Gölcüklü, Avrupa İnsan Hakları Sözleşmesi ve Uygulaması, 9. Bası, Turhan Kitabevi, Ankara 2011 Peter Van Dijk et al. Theory and Practice of the ECHR, 4th Revised Edition, Mortsel, Intersentia, 2006 |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | X | |||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 2 | 28 | |||
| Guided Problem Solving | 7 | 5 | 35 | |||
| Resolution of Homework Problems and Submission as a Report | 2 | 8 | 16 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 17 | 17 | |||
| General Exam | 1 | 22 | 22 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 118 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(118/30) | 4 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| THEORY and PRACTICE of the EURO. CONVEN. on HUMAN RIGHTS (ENG) | HUK4169270 | Fall Semester | 2+0 | 2 | 4 |
| Course Program | Cuma 10:00-10:45 Cuma 11:00-11:45 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Nihat BULUT |
| Name of Lecturer(s) | Assoc.Prof. Adem Ersin BAYRA |
| Assistant(s) | |
| Aim | To evaluate the scope and application of the European Convention on Human Rights and its additional protocols within the framework of the decisions of the European Court of Human Rights |
| Course Content | This course contains; The basic features of the European Convention on Human Rights (ECHR),Inter-state cases and individual applications, the jurisdiction of the European Court of Human Rights (ECtHR),The admissibility criteria of the complaints to the ECtHR,The examination of the merits of the complaints to the ECtHR,The interpretation and application of the ECHR,Right to life,Prohibition of torture, inhuman and degrading treatment and punishment,Personal liberty and security,Right to a fair trial,Right to respect for private and family life,Freedom of thought, conscience and religion, freedom of expression,Freedom of assembly and association,Right to an effective remedy, prohibition of discrimination,Protection of property, right to education, right to free elections. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Analyse the basic features of the European Convention on Human Rights (ECHR). | 10, 14, 16, 19, 9 | A |
| 1.1. Explain the difference between the ECHR and other human rights conventions. | 10, 13, 16, 19, 9 | A |
| 1.2. Discuss the impact of the ECHR on national legal systems. | 10, 13, 16, 19, 9 | A |
| 1.3. Discuss whether reservations to the ECHR are permissible or not. | 10, 13, 16, 19, 9 | A |
| 2. Evaluate inter-state and individual applications as well as the jurisdiction of the European Court of Human Rights (ECtHR). | 10, 14, 16, 19, 9 | A |
| 2.1. Distinguish the examination of the admissibility and the merits of the complaints to the ECtHR. | 10, 13, 16, 19, 9 | A |
| 2.2. Define the development of protection mechanism envisaged in the ECHR. | 10, 16, 19, 9 | A |
| 2.3. Define the subjects of interpretation and application of the ECHR. | 10, 14, 16, 19, 9 | A |
| 3. Evaluate the fundamental rights and freedoms protected by the ECHR | 10, 12, 16, 19, 9 | A |
| 3.1. Analyse the case-law of the ECtHR concerning the fundamental rights and freedoms. | 10, 14, 16, 19, 9 | A |
| 3.2. Evaluate the human rights issues of state parties to the ECHR and particularly Turkey. | 10, 16, 19, 6, 9 | A |
| 3.3. Discuss the difficulties in the implementation of the ECtHR decisions in domestic law and propose solution options. | 10, 13, 16, 19, 6, 9 | A |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The basic features of the European Convention on Human Rights (ECHR) | |
| 2 | Inter-state cases and individual applications, the jurisdiction of the European Court of Human Rights (ECtHR) | |
| 3 | The admissibility criteria of the complaints to the ECtHR | |
| 4 | The examination of the merits of the complaints to the ECtHR | |
| 5 | The interpretation and application of the ECHR | |
| 6 | Right to life | |
| 7 | Prohibition of torture, inhuman and degrading treatment and punishment | |
| 8 | Personal liberty and security | |
| 9 | Right to a fair trial | |
| 10 | Right to respect for private and family life | |
| 11 | Freedom of thought, conscience and religion, freedom of expression | |
| 12 | Freedom of assembly and association | |
| 13 | Right to an effective remedy, prohibition of discrimination | |
| 14 | Protection of property, right to education, right to free elections |
| Resources |
| No single textbook will be followed. |
| A. Şeref Gözübüyük ve Feyyaz Gölcüklü, Avrupa İnsan Hakları Sözleşmesi ve Uygulaması, 9. Bası, Turhan Kitabevi, Ankara 2011 Peter Van Dijk et al. Theory and Practice of the ECHR, 4th Revised Edition, Mortsel, Intersentia, 2006 |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | X | |||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |