Comparative Human Rights Policies for the Public Administration

Comparative Human Rights Policies for the Public Administration

  • Study programme and level:The joint doctoral study programme Governance and Economics in the Public Sector (third cycle)
  • 2nd year
  • 5 ECTS
  • Course type: Core course
  • Lectures: 20
  • Seminar: 20
  • Other forms of study: 20
  • Individual work: 90
  • Lecturer: Alenka Kuhelj, PhD

1. Objectives and competences

Basic objective of the course:

  • Student acquaints the knowledge of comparative legal arrangements relating to the protection of human rights,
  • Studentgains knowledge of the system of protection of human rights in comparative and international law and the various legal systems,
  • Student knows how to use acquaint knowledge on rights in specific cases, focused on the area of the Government/ Administration, both from the perspective of the employee in the public administration as well as from the perspective of the user of the services in this sector.

Competences:

  • independent decision-making, in concrete cases of violations of human rights. He will be able to compare the international judicial and administrative practices at this area.
  • Capability to independently choose suitable solutions at the work while respecting human rights in the public administration.
  • Ability to display and develop new skills, techniques and tools.

2. Content (Syllabus outline)

  • General presentation- origins and the historical background of the human rights
  • The national and universal nature of rights,
  • The legal framework of human rights in other countries, with a focus on the specifics of their organisation in: Austria, Germany and France
  • The legal framework of human rights in other countries, with a focus on the specifics of their organisation in:and in the Anglo-Saxon countries/UK
  • National and international protection of human rights with special focus on States’ (national administrative authorities’) obligations to respect human rights
  • Legal protection of human rights in the framework of the Council of Europe (ECHR)
  • The importance of the general principles of the European Court of Justice for the protection the mentioned rights
  • The importance and the legal nature of the Charter of fundamental rights in the EU system of protection of human rights
  • The regime of rights which may be restricted
  • The mechanisms of protection- the role of national/governmental authorities

3.  Readings

  • Rhona K. M. Smith, Textbook on International Human Rights, 4th ed., Oxford Univ.Press, 2010, 380 strani, poglavja: 2, 7, 11 = 55 strani.
  • Peter Haeberle,Europaeische Verfassungslehre, Nomos Verlagsgesell-schaft,Baden-Baden 2001/2002, str. 15-118 = 103 strani.
  • Olivier De Schutter, International Human Rights Law, Cambridge University Press, 2010, poglavja: II/3, 4, 6, III/8 = 318 strani.

4. Intended learning outcomes

The student has demonstrated a systematic understanding of study and mastery of skills and methods of research in the field of comparative human rights organization in the public administration. The Student is able to critically analyze, to assess and to synthesis the new and complex ideas presented in the above area. The student is able to analyse the situations of the European judicial and administrative practice and with the skills aquired can take part in the preparation of scientific bases for the legal determination of the conditions for the exercise of human rights in the public administration as well as the technical bases for the regulation of the organs of the State and local governments as well as at national and European projects in the field of human rights.

5. Learning and teaching methods

 Individual study for the exam.

6. Assessment

 

Written exam - 100%