Course leader: Adrienne Komanovics
Home Institution: Corvinus University of Budapest
Course Overview
Since the French and American revolutions in the 18th century, the principle of equality has been regarded as one of the cornerstones of democratic states. It has become a central provision in many international human rights treaties, at universal as well as regional level. However, such achievements cannot be taken for granted; societies are not free from discrimination. While outright defiance has become rare in the Western world, there are new and more subtle forms of discrimination, such as intersectional and indirect discrimination. Discrimination based on race, gender, disability and age is just a few which manifests itself on a daily basis.
The objective of the course is to provide an overview of the various non-discrimination rules in international and European human rights law. It introduces the most important notions governing international non-discrimination law and presents the relevant international instruments adopted in the framework of the United Nations, and at European level. It also provides an overview of international practice and case law with a particular emphasis on the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union.
Finally, the course reflects upon how the current pandemic has affected the vulnerable groups of the society (women, the Roma, the older people, the refugees and asylum-seekers or the LMBTQI people) either directly or indirectly, by the great risk posed by the state of emergency for democracy and human rights.
Learning Outcomes
On completion of the course, participants will be able to demonstrate knowledge and understanding of a substantial range of the concepts, values, rules and principles of international human rights law, as well as critical awareness of current legal issues and developments. Furthermore, through case studies, students will be able to undertake analysis, evaluation and synthesis of new and complex ideas, and to demonstrate self direction and originality in tackling advanced legal problems. An integral aspect of the course is the development of legal and other study skills, which will enhance the participants' ability to reason, explain, and present an argument. Finally, participants will be able to demonstrate the ability to exercise initiative, learn independently, communicate their knowledge and conclusions clearly and unambiguously, as well as construct and develop a persuasive legal argument.
Course Content
I. Philosophical and Political Perspectives on Human Rights and Equality
Historical Development
Concepts
Categories of discrimination
Direct and indirect discrimination
Positive action
Grounds of Prohibited Discrimination (Protected Characteristics)
Racial and religious discrimination
Sex discrimination
Age discrimination
Discrimination based on disability
Other
The justification for less favourable treatment
II. The International and European Frameworks for Human Rights
United Nations
Instruments
Universal Declaration of Human Rights
International Covenant on Civil and Political Rights (Arts. 2, 3 and 26)
International Covenant on Economic, Social and Cultural Rights (Art. 2)
International Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Elimination of All Forms of Discrimination against Women
UN Convention on the Rights of Persons with Disabilities
UNGA Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
UNGA: the United Nations Principles for Older Persons
State reports and General Comments / Recommendations of the treaty bodies
E.g. HRC General Comment No 18 on non-discrimination
Case law of the treaty bodies
The European Framework
Council of Europe
European Convention for the Protection of Human Rights and Fundamental Freedoms
Protocol No. 12 to the ECHR
European Union
Treaty on the Functioning of the European Union
Charter of Fundamental Rights of the EU
Non-discrimination directives
III. Human Rights and Equality during Pandemic
Wider context: the pandemic’s human rights impact
Examination of how the lockdown has translated into an increased disparity between men and women; how it worsened Roma poverty and discrimination, how COVID-19 is compounding inequalities against older persons, etc.
Investigation of how the emergency measures have led to unnecessary and/or disproportionate restrictions on human rights (freedom of movement, freedom of assembly, the impact on jobs, access to services, including health care, food, water, education and social services, safety at home, adequate standards of living, family life, etc.
IV. Human Rights and Equality in Various Legal Systems
Analysis of the protections around human rights and equality provided by various legal systems, freely chosen by the students (e.g. the presentation of the equality issues of their country of origin).
Instructional Method
The teaching method to be used is a combination of various instructional techniques, depending on the developmental level of the students and the subject matter to be presented. These techniques will include lectures, whereby a large amount of information can be conveyed to a large group of people in a short amount of time; as well as using the question-and-answer technique in order to assess the students' acquisition of particular information and to stimulate thought and encourage divergent thinking. In addition, classroom discussions will contribute to the exchange of opinions and perspectives, with a view to engage students in a more intensive treatment of the subject matter. Finally, students will be required to read legislation and cases, as well as prepare presentations, and to actively participate in the classes.
(Subject to change in case of online teaching)
Required Course Materials
RELEVANT CHAPTERS FROM THE FOLLOWING BOOKS:
OTHER SOURCES
Assessment
Assessment of participants will be undertaken through a variety of methods including problem-solving exercises, presentations, project work and group work. The actual methods depend to a large extent on the developmental level and number of participants. Emphasis is laid on engaging students as much as possible and encouraging interactivity. Grading is according to the assessment scheme of the host institution.