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LAW30310 European Human Rights Law UCD Assignment Example

In this module, students explore the development of human rights law in Europe, from the early origins of the concept to the present day. The module begins by tracing the history of human rights law, from its roots in natural law and the idea of the social contract to the modern conception of human rights as enshrined in international treaties such as the European Convention on Human Rights (ECHR). This section also looks at the key institutions involved in the promotion and protection of human rights in Europe, including the Council of Europe, the European Court of Human Rights (ECtHR), and the human rights mechanisms of the United Nations.

The module then goes on to explore the substantive provisions of the European Convention on Human Rights, including freedom of expression, freedom of religion, the rights of children, and the prohibition of torture. Finally, the module examines recent developments in human rights law in Europe, including the impact of the financial crisis on human rights and the rise of populist parties and movements.

Assignment Activity 1: Describe and evaluate procedural requirements for bringing a rights complaint to the European Court of Human Rights (ECtHR).

A rights complaint can be brought to the European Court of Human Rights (ECtHR) if all domestic remedies have been exhausted. This means that the individual has gone through all available judicial and administrative procedures in their home country.

Several procedural requirements must be met to bring a rights complaint to the ECtHR. These include:

  • The complainant must be an individual who is directly affected by the alleged violation of human rights.
  • The complaint must be lodged with the authorities of the state where the alleged violation took place.
  • The complaint must be lodged within six months of the alleged violation taking place.
  • The complaint must be in writing and signed by the complainant or their representative.
  • The complaint must include a statement of the facts of the case, and the legal grounds on which the complaint is based.
  • The complaint must be accompanied by copies of any supporting documents or evidence.

These procedural requirements are designed to ensure that complaints are brought only by those who have a genuine and direct interest in the case and that all relevant information is provided to the Court so that it can make a fair and informed decision.

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Assignment Activity 2: Engage with debates on the challenges facing the ECtHR as regards legitimacy.

The European Court of Human Rights (ECtHR) has been a key player in the protection of human rights in Europe for over 60 years. However, it has come under increasing scrutiny in recent years, with some questioning its legitimacy and effectiveness.

There are several challenges facing the ECtHR as regards legitimacy. These include allegations of political bias, lack of transparency, and the perception that the court favors wealthy countries. Another challenge is the increasing caseload, which means that the time taken to process cases is increasing.

There are also concerns about the effectiveness of the court, with some arguing that it is no longer fit for purpose given the changing political landscape in Europe. Critics say that the court is too slow to respond to new challenges, such as the rise of populist parties and movements, and that it is not doing enough to protect human rights in the face of growing populism.

There is no easy answer to these challenges, and the ECtHR will need to work hard to regain the trust of the public and its member states if it is to continue playing a leading role in the promotion and protection of human rights in Europe.

Assignment Activity 3: Critically analyze the jurisprudence of the ECtHR about a range of substantive rights, focusing on issues of interpretation and evolution of rights under the European Convention on Human Rights (ECHR).

The European Court of Human Rights (ECtHR) is a key player in the protection of human rights in Europe, and its jurisprudence on a range of substantive rights has had a significant impact on the development of human rights law in Europe.

One issue that has come up time and again in the ECtHR’s jurisprudence is the question of how to interpret and evolve rights under the European Convention on Human Rights (ECHR). This has been particularly relevant to LGBT rights, where the Court has had to grapple with the question of how to protect these rights in a changing political landscape.

Another issue that has come up in the ECtHR’s jurisprudence is the question of how to deal with the clash between human rights and national security. This has been particularly relevant in the fight against terrorism, where the Court has had to balance the need to protect human rights with the need to ensure public safety.

The ECtHR’s jurisprudence about these and other substantive rights will continue to play a key role in the development of human rights law in Europe.

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Assignment Activity 4: Consider the effect of the ECHR in the Irish legal system.

The European Convention on Human Rights (ECHR) has had a significant impact on the Irish legal system, with a number of its provisions being incorporated into domestic law.

One key provision of the ECHR that has been incorporated into domestic law is the right to life, which is enshrined in the Constitution of Ireland. This right has been the subject of several High Court rulings, most notably the X case in 1992.

Another key provision of the ECHR that has been incorporated into domestic law is the right to liberty and security of person, which is enshrined in Article 40.5 of the Constitution of Ireland. This right has been the subject of several High Court rulings, most notably the case of In re D.P. and J.P. in 2003.

The ECHR has also had a significant impact on Irish tort law, with a number of its provisions being incorporated into domestic law. One key provision that has been incorporated into domestic law is the principle of proportionality, which is enshrined in Article 5 of the ECHR. This principle has been the subject of several High Court rulings, most notably the case of Holland v Minister for Justice in 2014.

The ECHR has also had a significant impact on Irish criminal law, with a number of its provisions being incorporated into domestic law. One key provision that has been incorporated into domestic law is the presumption of innocence, which is enshrined in Article 6 of the ECHR. This principle has been the subject of several High Court rulings, most notably the case of DPP v K. in 2001.

Assignment Activity 5: Distinguish, apply and critique the case law of the ECtHR.

The European Court of Human Rights (ECtHR) is a supranational court that hears cases brought against the 47 member states of the Council of Europe. 

The ECtHR applies case law, which is the principle that courts should follow the decisions of previous courts in similar cases. This helps to ensure consistency and predictability in the law. 

Critiquing case law involves assessing whether it is fair, just, and reasonable. For example, a court might consider whether the decision was made in line with current legal principles and how it affects people’s rights and freedoms.

The case law of the ECtHR is important as it helps to ensure consistency and predictability in the law across Europe. It also helps to protect the rights and freedoms of people across Europe.

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