Actualités et agenda
Nos formations
Présentation
General:
—To provide information on international human rights sources, systems, standards and relevant issues;
—To encourage the development of skills for the future professionals;
—To sensitize participants to their particular role in protecting and promoting human rights and their own potential for affecting human rights in their future professional duties ;
- To understand the human rights principles, institutions, processes and practices, issues and methods.
Course specific:
- Familiarise with the human rights standards and mechanisms
- Understand the human rights treaty obligations of the country and information on their implementation ;
- Understand the application in the national system of the standards reviewed;
- Receive a global perspective on the international human rights instruments and their applicability at national level;
Understand the interplay between the various international and regional instruments and their transposition at national level;
- Understand the hierarchy between international and national frameworks and apply it coherently;
- Know where to search for more in-depth information and use the resources provided.
Session 1 – Litigating human rights cases at international level – the Council of Europe mechanism
Session 2 – Litigating human rights cases at international level – comparative perspective
Session 3 - Litigating human rights cases – practical aspects
Session 1:8h
Litigating human rights cases at international level – the Council of Europe mechanism
Module 1: the Council of Europe (1h)
Overview of the mandate of the CoE – standard setting, monitoring and cooperation activities
Overview of the role, subject matter and implementation mechanisms of the main CoE treaties and their monitoring bodies.
Module 2: the ECHR system ( 1h30)
Introduction to the ECHR system (interpretation – application – control – execution – implementation)
ECtHR - role and functioning
The procedure before the ECtHR
Module 3: Overview of the protected rights ( 5h30)
Basic concepts, interpretative principles and the autonomous concepts of the Convention
Overview of the rights and the relevant principles
- The absolute rights (3, 4) – the particularity of Article 2, scope, positive obligations, the procedural requirements for conducting effective investigations under arts. 2 and 3, key case-law
- The procedural rights (5, 6) – scope, positive obligations, interplay
- The relative rights (8-11) – scope, positive obligations, interplay with other rights, key case-law
- The ancillary rights (13, 14) – scope, interplay, key case-law
Case-studies
Session 2: 8h
Litigating human rights cases at international level – comparative perspective
Module 1( 1h):Overview of other international complaint mechanisms (UN, EU)
Comparative perspective of different international mechanisms (EU, CoE, UN)
Overview – role, subject matter, mechanisms of implementation of selected UN treaties and correspondent bodies.
The EU framework – the Fundamental Rights Charter
The EU complaint mechanisms in fundamental rights cases – the CJEU case-law
Module 2 (3h): The impact of international human rights litigation
Principles of strategic litigation
Overview of selected ECtHR case-law
From standards to obligations – the development of positive obligations in the ECtHR case-law
Module 3 (3h):The impact at national level – comparative perspective
Case studies – comparative perspective on the impact of international judgments in selected areas:
- Discrimination
- Data protection
- Freedom of expression
Module 4 (1h):Practical application
Group exercise – how to plead a human rights case
Session 3 Litigating human rights cases – practical aspects 8h
Module 1( 2h):How to lodge a complaint before the ECtHR
Practical aspects of lodging a complaint – rules on procedure and admissibility criteria
Module 2 (1h):ECtHR judgments and follow-up
Practical aspects of effective implementation measures at national level
Module 3 (1h):Practical exercise
Drafting a complaint before the ECtHR
Module 4 (4h):Attending a hearing at the ECtHR
Attending a GC hearing at the ECtHR and follow-up discussion with a staff member of the CoE on practical aspects, Q&A questions.
Modalités
24h of interactiv lectures
Criteria:
Engagement throughout the course
Assessment of practical activities
Case-studies and group exercises
Topical discussions and debates
Ressources
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