HANDBOOK 2023-24 LAW2464 UK and European Human Rights Law

School of Law
Department of Law and Politics
UK and European Human Rights

Law
LAW 2464 – LLB Law
Module Leader: Dr Alice Donald, a.donald@mdx.ac.uk
Autumn/Spring 2023-2024
Duration of the module: 24 weeks

UK and European Human Rights Law LAW2464
Online location of handbook

This handbook can also be accessed via My Learning at: https://mdx.mrooms.net/course/view.php?
id=37677
Other formats available

This handbook is available in a large print format. If you would like a large print copy or have other
requirements for the handbook, please contact the Disability Support Service
(disability@mdx.ac.uk, +44 (0)20 8411 4945).
Disclaimer
The material in this handbook is as accurate as possible at the date of production. You will be
notified of any minor changes promptly. If there are any major changes to the module you will be
consulted prior to the changes being confirmed. Please check the version number on the front page
of this handbook to ensure that you are using the most accurate information.
Other documents
Your module handbook should be read and used alongside your programme handbook and the
information available to all students on My Learning and UniHub, including the Academic
Regulations. Your programme handbook can be found on the My Learning programme page for
your course.
The European Convention on Human Rights

The Human Rights Act 1998
Follow StickyTrickyLaw for simple explanations of legal terms and concepts!
@stickytrickylaw http://www.facebook.com/stickytrickylaw/ https://stickytrickylaw.wordpress.com

Abbreviations
The following abbreviations are used throughout the module; it will help students to become
familiar with them and use them consistently when writing assignments.
CM Committee of Ministers (of the Council of Europe)
CoE Council of Europe
ECHR European Convention on Human Rights
ECommHR European Commission of Human Rights (abolished 1998)
ECtHR European Court of Human Rights
EHRC Equality and Human Rights Commission (UK)
EU European Union
GC Grand Chamber of the ECtHR
HRA Human Rights Act 1998
JCHR Joint Committee on Human Rights
PACE Parliamentary Assembly of the Council of Europe
UDHR Universal Declaration of Human Rights

CONTENTS
Abbreviations
Welcome: Aims of the module 1
Module narrative 2
1. The module teaching team

1.1 Teaching staff 5
1.1 Communication with the teaching team 6
2. Teaching and learning sessions

2.1 Lectures and seminars 6
2.2 Workshops 7
2.2 My Learning 7
3. Expectations of this module

3.1 Engagement 8
3.2 Professional behaviour 8
3.3 Academic integrity and misconduct 8
3.4 Becoming a successful student 9
3.5 Extenuating circumstances 9
3.6 Where to get help 9
4. Assessment
4.1 Formative assessment 10
4.2 Summative assessment – general information 10
4.3 Coursework 1 – literature review 12
4.4 Coursework 2 – essay 13
4.5 Marking rubric 14
4.6 Feedback on your assignment 15
4.7 How is your assessment mark agreed? 16
4.8 Anonymous marking assessment policy 16
4.9 Assessment: the 20-point scale 17
5. Overview of week-by-week lecture 19
6. Reading and sources of information 22
7. Lecture outlines 25
Week 1: Welcome and Introduction to the module 26

Week 2: The Council of Europe and the ECHR: origins and development 27
Week 3:The ECHR: overview of content and principles of interpretation 28

Week 4:The Human Rights Act 1998 29
Week 6:Article 2: the right to life 30
Week 7:Article 3: prohibition of torture and inhuman 32
or degrading treatment
Week 8: Article 4: prohibition of slavery, servitude and forced labour 34
Week 9. Article 8: The right to respect for private and family life, home 36
and correspondence
Week 10: Article 9: The right to freedom of thought, conscience and 37
religion
Week 11: Article 10: the right to free expression & Article 11, the right to
freedom of peaceful assembly 39
Week 12: Freedom from discrimination 41
Week 13: Enforcement of judgments of the ECHR 42
Week 14: The wearing or displaying of religious clothing or symbols 43
Week 15: The ECHR and ‘hate speech’ 44
Week 16: Human rights in the digital age 45
Week 17: Counter-terrorism, human rights and the rule of law 46
Week 19: The ECHR and the beginning and end of life 47
Week 20: The ECHR and the right to a safe, clean, healthy and sustainable
environment 48
Week 21: The ECHR, asylum and migration 50
Weeks 22-24: recap / peer editing sessions 50
Appendix 1: Guide to Citation and Referencing for Law 51

OSCOLA quick reference guide 52
Appendix 2: Glossary of key terms and concepts 53
Appendix 3: Absolute, limited and qualified rights 58
Appendix 4: Proportionality flowchart 59
Appendix 5: Academic writing tips – avoiding common errors

(includes a guide to bibliography & referencing) 60
Welcome: Aims of the module
Dear student,
Welcome to the module on UK and European Human Rights Law.
This module aims to provide you with an understanding of current debates about human rights.
The focus will be on the European Convention on Human Rights (ECHR) and its impact in the United
Kingdom, in particular issues arising from the incorporation of the Convention into UK law through
the Human Rights Act (HRA) 1998.
The module will explore the legal, constitutional and political significance of the HRA and the long-
term challenges facing the European system of human rights protection. It will explore how the
European Convention system works and will examine specific contemporary legal and political
topics in depth.
The course is designed to maximise students’ career potential, providing you with insights into how
universally-protected values, articulated as legal claims, exert impact within the UK and other
jurisdictions. It will also equip students with the ability to debate controversial topics, drawing both
on judgments of the European Court of Human Rights (ECtHR) and UK courts, and wider arguments
about the role of human rights in a modern democracy.
I very much hope that you will enjoy the module and I look forward to getting to know you.
Best wishes
Dr Alice Donald (module leader)

Associate Professor of Human Rights Law
a.donald@mdx.ac.uk
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Module narrative (i.e. summary of key information about the module)
Aims
The module aims to engage students in active investigation of the values, principles and practical
application of human rights law in the UK and Europe. It equips students with the knowledge and
skills to analyse key doctrinal concepts and judgments, as well as normative discourse about the
role of human rights law in a modern democracy, thereby broadening their horizons and
developing their own value systems in relation to real-world problems.
Learning Outcomes
Knowledge
On successful completion of this module, the student will be able to:
1. Identify, define and critically analyse the core doctrinal concepts used by the European Court of
Human Rights (ECtHR) to interpret the substantive rights and freedoms contained in the
European Convention on Human Rights (ECHR);
2. Apply Convention rights and freedoms (and their interpretation by both the ECtHR and UK
courts) to contemporary legal and policy dilemmas in order to reach reasoned conclusions;
3. Evaluate the content, interpretation and application of the ECHR and the Human Rights Act
1998 (which gives effect to Convention rights and freedoms in UK law) in effectively addressing
human rights violations, including state obligations, remedies and enforcement.
Skills
On successful completion of this module, the student will be able to:
4. Demonstrate resourcefulness and digital literacy by conducting effective research; i.e. the ability
to identify, retrieve and correctly reference relevant legal and academic materials (both primary
and secondary) on human rights;
5. Critically analyse legal and academic texts about human rights in their broader social and ethical
context;
6. Communicate coherently, succinctly and analytically in writing.
Syllabus
 The philosophical foundations of human rights law;

 The post-war emergence of regional and international human rights regimes, with a focus
on the ECHR;
 The ECHR: content, scope and principles of interpretation (focus on the ECHR as a living
instrument, the margin of appreciation, positive obligations, the need to make rights
‘practical and effective’)
 The Human Rights Act 1998 and its legal, constitutional and political significance in the UK;
 Selected in-depth examination of Articles of the ECHR;
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 Selected in-depth examination of topics relating to human rights in the UK and Europe,
including:
o the protection of human rights in the context of counter-terrorism

o non-discrimination on grounds of race, religion, sexual orientation, gender identity
and other status
o human rights, asylum and migration
o human rights in the digital age
o human rights and the beginning and end of life
o freedom of expression and limitations on ‘hate speech’
o freedom of religion or belief: the debate about bans on the headscarf and face veil
debate in Europe
o states’ human rights obligations in the context of a pandemic
o remedies and enforcement of human rights judgments.
Learning, Teaching and Assessment Strategy

The module will encourage and enable students to explore human rights in their legal, ethical,
social and political context. Diverse formats and materials will be used across all types of teaching
session, including slides; handouts with, inter alia, extracts from legal judgments; videos; podcasts;
music; cartoons and other visuals; blogs and social media; and quizzes and polls. These will be
curated on MyLearning using clear navigation to indicate what students are required to do before,
during and after teaching sessions. Guest speakers will also feature, including scholars and
practitioners covering both substantive themes and employability (e.g. former students on the
module who are now working in the human rights and social justice sector). The syllabus will be
covered through directed reading (an online list structured around essential and recommended
reading for each weekly lecture topic).
The module will be delivered by means of (i) weekly 90-minute lectures; (ii) hour-long seminars;
and (iii) fortnightly hour-long workshops. These will be supplemented by (iv) extra-curricular
activities such as our annual visit to the European Court of Human Rights in Strasbourg.
Lectures will be used interactively to provide a ‘scaffold’ of knowledge and understanding to direct
and supplement students’ reading; assess any difficulties encountered; and promote independent,
critical thinking. Students will be encouraged to participate and to ask questions during lectures.
Seminars will be used to develop students' knowledge and understanding, as well as their
analytical, presentation and team-working skills, through a variety of teaching methods including
student group presentations, debates and problem-solving exercises. Students will draw upon the
material disseminated in lectures and on My Learning, as well as their own reading and research in
order to prepare. During seminars, students will be required to advance arguments in relation to
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both legal principles and cases and their broader socio-political, ethical and cultural context. Oral
communication skills will be encouraged during these sessions.
Workshops will focus on (i) equipping students to identify and seize career opportunities and (ii) the
strengthening of research, analytical, team-working and academic writing skills. Guest speakers,
both internal and external, will guide students in the choice of post-graduate courses and the
career opportunities in non-governmental, governmental and inter-governmental institutions and
business relating to human rights and social justice.
Assessment Scheme
(a) Formative (practice) assessment scheme
Students will have the opportunity to do two written formative assessments (i.e. practice
assessments that do not count towards your module grade) submitted via Turnitin, and will receive
detailed individual feedback on each. These will be set in the Autumn and Spring terms and will
directly prepare students for the two summative assessments in terms of the knowledge and skills
deployed.
Summative assessment will be in the form of 100% coursework consisting of two parts.
CW1 Case Analysis, up to 1250 words (excluding footnotes and bibliography), worth 30% of the
module, to be submitted on Tuesday 9 January 2024: students will be provided with a choice of
three legal judgments that will have been covered in weeks 1-11 and will be required, by
researching both primary documentation and academic literature, to critically analyse the
significance of the case; the principles it establishes or exemplifies; and any issues relating to its
implementation. Cases will be selected for the assessment on the basis that they feature
prominently in academic debate, affording students the opportunity to analyse, inter alia, the
Court’s application of the main principles of interpretation; separate opinions (dissenting or
concurring); third party interventions; the role of the Grand Chamber of the ECtHR; problems of
non-implementation; and academic discussion of the relevant judgment. OSCOLA referencing and a
bibliography are part of the assessment (but are excluded from the word count).
CW2 Essay, up to 3,500 words (excluding footnotes and bibliography, worth 70% of the module,
to be submitted on Wednesday 24 April 2024: students will have a choice of three essay titles
which require them, by researching both primary documentation and academic literature, to
engage in critical debate about the application of human rights law in the context of one of the
topics listed in the syllabus. The titles will each invite both legal analysis and normative discussion
about the topic. OSCOLA referencing and a bibliography are part of the assessment (but are
excluded from the word count).
Learning Materials - The online week-by-week reading list can be accessed via My Learning.
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1. The module teaching team
1.1 Teaching staff
Module leader: Dr Alice Donald
Room: WG35
Email: a.donald@mdx.ac.uk – please contact me by

email or in person during teaching sessions
Drop-in My drop-in student hours will be held on Zoom. I

student will be available on Wednesdays, 1000-1200
hours: during every teaching week.
Zoom details as follows: https://mdx-ac-

uk.zoom.us/j/92079997554?
pwd=TzBxclRwb0dnelZxeHAydkZzV2lCQT09
Meeting ID: 920 7999 7554

Passcode: MDXLAW
You can also catch me before or after lectures

and workshops in WG35.
Seminar tutor: Aphrodite Yiasemi
Room: WG35
Email: a.yiasemi@mdx.ac.uk
Aphrodite Yiasemi is a lecturer at Middlesex

University School of Law, having joined in 2020.
Aphrodite is a qualified Advocate at Law at the
Cyprus Bar, having practiced in banking law and
having worked on cases with particular focus on
EU law and the European Central Bank. The
focus of Aphrodite’s research is a critical re-
evaluation of the protection of human rights
within the European Union with particular
analysis of the proposed accession of the EU to
the European Convention of Human Rights and
Freedoms.
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Module leader - Dr Alice Donald
Alice is Associate Professor of Human Rights Law in the School of Law. She has a First Class degree
in History from Cambridge University and an MSc in Human Rights (with Distinction) from the
London School of Economics. She completed her PhD at Middlesex University on ‘The
Implementation and Impact of the Human Rights Act 1998 in the UK’. Before becoming an
academic, she worked as a broadcast journalist, editor and commissioner at the BBC (1991-2005).
Student Learning Assistants
Student Learning Assistants (SLAs) are mentors who excelled at the module in the previous year.
The SLA for this module in 2023-24 is Victoria Guillerme - vg304@live.mdx.ac.uk. She will attend
some classes and can be contacted outside of teaching sessions for advice about study skills,
assessment and how to succeed at the module. Please bear in mind that Victoria has her own
assessment deadlines and so if you want advice, you will need to give her ample notice and not
expect an immediate response.
1.2 Communication with the teaching team
Alice will send regular and sometimes urgent individual and /or group messages about the module
to you by email, so it is important that you read your University (@mdx) email regularly.
It is not necessary to book an appointment to see Alice during the above office hours; you just need
to drop in. In the first instance, any problems can be dealt with by talking to Alice before or after
teaching sessions. If you wish to speak to Alice outside the drop-in hours, please email
a.donald@mdx.ac.uk to make an individual appointment.
Note that any overall module and course feedback can also be given to the student voice leader for
your programme which will be included in programme feedback sessions.
2. Teaching and learning sessions
2.1 Lectures and seminars

For this module in 2023-24, learning will be undertaken through a mixture of independent study
and teaching in-person, on campus. In addition to lectures and seminars, the syllabus will be
addressed through directed reading and activities and questions on My Learning. Students will be
encouraged to undertake research and reading outside the set texts and to develop an analytical
and informed approach which will be tested through the assessments (see section 4 below).
6
The module will be delivered through weekly 90 minute lectures and hour-long seminars. Lectures
will be used to supplement basic sources, identify key issues and encourage critical approaches to
understanding the law. They will be interactive and students will be encouraged to participate and
to ask questions. Students will apply and develop their understanding through further directed
reading and through undertaking research exercises. Lecture slides, with detailed notes, will be
available on My Learning at least a week before the lecture. Recorded versions of the lectures will
also be made available and uploaded to MyLearning after the in-person, on campus session.
Seminars will be used to develop students' knowledge and understanding, as well as their analytical
and presentation skills, through a variety of teaching methods including problem-solving exercises
and quizzes. Students will draw upon the material disseminated in lectures and on My Learning, as
well as their own reading and research in order to prepare. During seminars, students will be
required to advance arguments in relation to both legal principles and cases and their broader
socio-political context. Please note that seminar sessions will not be recorded.
2.2 Workshops
Fortnightly hour-long workshops will focus on career opportunities and the deepening of research
and academic writing skills. They will sometimes involve guest speakers and academic colleagues
from the department. Workshop sessions will generally not be recorded.
2.3 My Learning
The My Learning module site contains all core teaching materials and a wide variety of additional
material to support student learning. *** Please ensure that you access the MyLearning page for
the module regularly in order to ensure that you benefit from the material uploaded there. In
addition, topical material on human rights will be uploaded. It will encourage your enjoyment of,
and success in, this module that you stay abreast of human rights law issues which are currently in
the news.
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3. Expectations of this module
3.1 Attendance and engagement
Engaging with online and on-campus in-person learning and activities is integral to your
success. Middlesex University supports you to achieve your full potential through a number of
strategies, all of which provide a supportive learning environment. Further information on
attendance and engaging with your programme will be available at your Induction and updates
online at UniHub at the weblink below. https://unihub.mdx.ac.uk/study/assessment/attendance
3.2 Professional behaviour

The programme of study you are undertaking is underpinned by developing professional behaviour
and attitude. You are expected to behave in a professional, supportive manner to your peers and
teachers. You must come to sessions prepared and ready to contribute where appropriate. Please
remember that your University ID should be carried with you always whilst on campus and you
must be able to identify yourself if asked to do so. Please conduct your email communication with
fellow students, tutors and all relevant staff in a formal and courteous manner.
3.3 Academic integrity and misconduct
You should be aware of the University’s academic integrity and misconduct policies and
procedures. Taking unfair advantage over other students in assessment is considered a serious
offence by the University. Action will be taken against any student who contravenes the regulations
through negligence, foolishness or deliberate intent. Academic misconduct takes several forms, in
particular:
 Plagiarism – using extensive unacknowledged quotations from, or direct copying of, another
person’s work and presenting it for assessment as if it were your own effort. This includes the
use of third party essay writing services.
 Collusion – working together with other students (without the tutor’s permission), and
presenting similar or identical work for assessment.
 Self-Plagiarism – including any material which is identical or substantially similar to material that
has already been submitted by you for another assessment in the University or elsewhere.
Students who attempt to gain unfair advantage over others through academic misconduct will be
penalised by sanctions, according to the severity of the offence, which can include exclusion from
the University. Links to the relevant University regulations and additional support resources can be
found here:
https://mdx.mrooms.net/course/view.php?id=17199
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3.4 Becoming a successful student
Full details on academic integrity and misconduct and the support available can be found at
Academic Integrity | UniHub (mdx.ac.uk)
The Academic Integrity and Misconduct policy is available in our Public Policy Statements (under
Academic Quality) at: Our policies | Middlesex University London (mdx.ac.uk)
Referencing & Plagiarism: Suspected of plagiarism?:
http://libguides.mdx.ac.uk/c.php?g=322119&p=2155601
Referencing and avoiding plagiarism:

https://unihub.mdx.ac.uk/study/writing-numeracy/awl-resources/writing
The Middlesex University Students’ Union (MDXSU) Advice Service offers free and independent
support in making an appeal, complaint or responding to any allegations of academic or non-
academic misconduct.
https://www.mdxsu.com/advice
3.5 Extenuating circumstances

There may be difficult circumstances in your life that affect your ability to meet an assessment
deadline or affect your performance in an assessment. These are known as extenuating
circumstances or ‘ECs’. Extenuating circumstances are exceptional, seriously adverse and outside of
your control. Please see link for further information and guidelines:
https://unihub.mdx.ac.uk/your-study/assessment-and-regulations/extenuating-circumstances.
3.6 Where to get help
Learning Enhancement Team (LET) - https://unihub.mdx.ac.uk/study/writing-numeracy

LET offer one-to-one and group tutorials and an array of online resources to help you with
academic writing.
Sheppard Library – see here for help and support offered by the library:
https://unihub.mdx.ac.uk/study/library/help-and-support
Student Learning Assistants – see above section 1.1 for contact details for our SLA, Victoria
Guillerme
Module leader – see above section 1.1 for how to contact module leader Dr Alice Donald
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4. Assessment
4.1 Formative assessment

Formative (practice) assessment is completed during your year of study and provides the
opportunity to evaluate your progress with your learning. Formative assessments help show you
and us that you are learning and understanding the material covered in this course and allow us to
monitor your progress towards achieving the learning outcomes for module. Although formative
assessments do not directly contribute to the overall module mark they do provide an important
opportunity to receive feedback on your learning.
There will be a formative assessment in the Autumn and Spring terms (details will be circulated in
Learning Weeks 5 and 17 respectively).
Formative assessments Deadline

Students will have the opportunity to write a case 17 November 2023
analysis as a preparation for the literature review
coursework – details will be uploaded to MyLearning
in week 5
Students will have the opportunity to complete a task 8 March 2024
as a preparation for the essay coursework – details
will be uploaded to MyLearning in week 17
4.2 Summative assessment – general information
Summative assessment is used to check the level of learning at the mid-point and end of the
course. It is summative because it is based on accumulated learning during the course. The point is
to ensure that students have met the learning outcomes for the course and are at the appropriate
level. It is the summative assessments that determines the grade that you are awarded for the
module.
There are two summative components in this module, as follows:
Summative assessment Weigh Deadline Feedback

ting
Coursework 1 – case analysis (up to 30% 1600 on Wednesday 9 By 31 January 2024
1,250 words (excluding footnotes January 2024
and bibliography)
70% 1600 on Wednesday University results

24 April 2024
Coursework 2 - essay (up to 3,500 words (excluding footnotes and publication date (on or
bibliography)
around 13 June, to be
10
notified by email)
In order to pass this module, you do not need to pass both assessment tasks; the pass grade is
calculated as an aggregate of the two assessments.
Before you submit your work for final grading, please ensure that you have accurately referenced
the work. It is your responsibility to check the spelling and grammar, as all written assessments will
assess technical proficiency in the English. This means accurate and effective spelling, punctuation
and grammar. Details of how it will be assessed will be provided in the marking criteria for each
assessment and the University overall approach can be found within the Grade Criteria Guide in the
University Regulations https://www.mdx.ac.uk/about-us/policies.
Reasonable adjustments will be made for those students who have a declared disability/specific
learning condition which would affect performance in this area.
The coursework must be typed in 12 point font and submitted as a Word document. A bibliography
should be included at the end of the coursework. Cases must be cited correctly; the full citation
should be contained in footnotes. Please note that work which is not properly referenced will be
marked down. The word count must be recorded. You must fully attribute any judicial quotations or
passages taken from articles or textbooks. Failure to do so may result in your work being referred
to the Academic Registry for plagiarism.
Coursework submitted on Turnitin is checked for possible plagiarism, collusion and word counts
using the appropriate software.
Failure to submit on Turnitin will result in the award of 0%.
Please remember to state your word count excluding the title, question, footnotes and
bibliography.
You must take care to upload your final answer by the deadline as once the deadline is passed you
will not be able to submit another version. The responsibility for timely submission is yours, and
except for proven failures of University systems, reasons for late submission relating to your
computer malfunction will not be accepted.
Students may submit their coursework to the electronic system, Turnitin, as many times as they like
prior to the deadline. Each time they will receive an originality report giving them the opportunity
to address plagiarism/poor referencing, etc. issues up until the deadline date. Students will be
required to submit a final copy by the deadline date.
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Please note that the marks given for coursework during the academic year will be provisional only
and will be confirmed on publication of the final results at the end of the academic year.
Reassessment for this module will take place in July 2024. Details will be provided to students who
need to retake one or both summative assessments after the May assessment period.
Middlesex University is committed to being fair in its approach to assessing student learning
following the UK Quality Code for Higher Education (Quality Code) (2018) and the UK Quality Code -
Advice and Guidance: Assessment (2018) and External Expertise (2018).
The Assessment Fairness guidance, policies and procedures put in place by Middlesex University is
our commitment to ensure fairness in assessment and are available at
https://unihub.mdx.ac.uk/study/assessment/regulations.
We now look at each component of assessment for this module in detail. Each of the following
tables provides an overview of the requirements for each component.
4.3 Coursework 1 – Case analysis
Coursework 1 – Literature Review

Module code LAW2464
Module title UK and European Human Rights Law
Submission Online submission via Turnitin by deadline of 1600 on Weds 9 January 2024.
date, time
Feedback type Feedback will be given by 31 January 2024.
& date
Feedback for each student will be provided in Turnitin via a marking rubric. To
access the rubric, click on the blue icon with the speech bubble; you will see a
box in the top right hand corner that says 'Find Rubric'. If you click here, you
will see a grid with your mark and additional feedback, grouped by six
categories which match those in the rubric at section 4.5 of this handbook.
Students will also be provided with group feedback after the marking of CW1
the first coursework, which identifies common problems and is designed to
improve performance in the second piece of coursework.
Word count Up to 1,250 words (excluding footnotes and bibliography)
Assignment Case analysis
type
Assignment There is no prescribed structure for the assessment.
structure,
format and Students will be provided with a choice of three legal judgments that will have
details been covered in weeks 1-11 and will be required, by researching both primary
12
documentation and academic literature, to critically analyse the significance of

the case; the principles it established or exemplifies; and any issues relating to
its implementation. Cases will be selected for the assessment on the basis that
they are sufficiently complex and significant to feature prominently in
academic debate, affording students the opportunity to critically analyse, inter
alia, the ECtHR’s application of its main principles of interpretation; separate
judicial opinions; third party interventions; the role of the Grand Chamber of
the ECtHR; problems of non-implementation; and academic critiques of the
relevant judgment. OSCOLA referencing and a bibliography are part of the
assessment (but are excluded from the word count).
Further guidance will be provided in workshops (details will be circulated in

due course).
Assessment 30%
weighting %
Key reading Please see online reading list for relevant resources.
and learning
resources
4.4 Coursework 2 – Essay
Coursework 2 – Essay
Module code LAW2464
Module title UK and European Human Rights Law
Submission Online submission via Turnitin by deadline of 1600 on Weds 24 April 2024
date, time
Feedback type Feedback will be released when university results are published on or around
& date 13 June 2024. Feedback will be provided in Turnitin via a marking rubric. To
access the rubric, click on the blue icon with the speech bubble; you will see a
box in the top right hand corner that says 'Find Rubric'. If you click here, you
will see a grid with your mark and additional feedback, grouped by six
categories which match those in the rubric at section 4.5 of this handbook
Word count Up to 3,500 words (excluding footnotes and bibliography)
Assignment Essay
type
Assignment Students to submit an essay on an aspect of human rights law, not exceeding
structure, 3,500 words.
format and
details
Further guidance will be provided in workshops (details will be circulated in
due course).
Assessment 70%
weighting %
Key reading Please see online reading list for resources for the respective topics. Students
and learning are also encouraged to search for literature beyond the reading list.
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resources
4.5 Marking rubric
This rubric is used to mark both Coursework 1 (literature review) and Coursework 2 (essay).
Feedback on Turnitin will be given using the categories used in this rubric in order that students can
see exactly how their percentage mark has been achieved.
0-39% (Fail) 40-49% (3rd) 50-59% (Low 60-69% (Up. 70-100% (First)
2nd) 2nd)
Legal Irrelevant or Legal knowledge Legal knowledge Legal knowledge Legal knowledge
knowledge incorrect learning; is adequate; is general and up to date but is
fundamental knowledge of relatively up to not broad/deep: comprehensive,
(max 30) misunderstandings; some basic ideas date; mostly relevant broad and deep:
and/or more than and facts understanding knowledge with Understanding
half of the work displayed; an and coverage of very few and coverage of
contains discussion acceptable many relevant irrelevancies; all aspects of the
of irrelevant legal number of legal aspects of understanding topic; drawing
issues elements of the the topic but and coverage of on aspects of
(0-11) topic is little relation / number of relevant legal
understood; integration aspects of the knowledge as
may contain a between them, topic but not well as outside
number of there may be a going further the topic in
irrelevancies small number of than obvious question; no
irrelevancies relation or irrelevancies
(12-14) (15-17) integration of
the aspects
(18-20) (21-30)
Legal reasoning Student has not Some valid Mostly valid Mostly valid Impeccable,
(logic, been able to reasoning, many reasoning with reasoning, all solid logical legal
correctness, construct evidence arguments not some mistakes, arguments reasoning with
support for of meaningful supported; most arguments supported; excellent
reasoning) reasoning. May student can supported; evidence of support for all
range from wholly identify and declarative application of arguments;
(max 30) invalid reasoning describe the understanding: theory to ability to use the
and/or no legal main concept i.e. is able to problems; theory correctly
content to some discuss content recognition of to construct
valid reasoning but meaningfully good or poor understanding,
no support and with a applications of to reflect on
reasonable principle practice and
amount of come to
content, but do correct/valid
(0-11) (12-14) not conclusions
transfer/apply it
easily (18-20)
(21-30)
(15-17)
Structure, style Ranges from The work meets Mostly logical Well-structured Showing relation
and missing the point, one/more parts flow of and coherent, and integration
presentation total lack of of the task, but argument; student shows of the aspects
understanding, misses other several/many selectivity and into coherent
(max 10) tautological, or important elements of the judgement; but whole with
mostly incoherent attributes, little topic conclusion logical flow of
14
evidence of understood but and/or argument and a

moving from are not drawn introduction valid conclusion;
specific to into a coherent could be high level of
general/vice whole, e.g. improved abstract
(0-3) versa, sparse contains a weak thinking; original
understanding. conclusion ideas; shows
May be and/or weak (6) metacognitive
incoherent at connection understanding
times (4) between (7-10)
arguments (5)
English Exceedingly poor Adequate but Adequate with a High degree of Highly literate,
language to poor with many few mistakes literacy fluent and
(grammar & mistakes (5) accurate
spelling) (0-3) (4) (6) (7-10)
(Max 10)
Referencing None to very poor Some references OSCOLA used OSCOLA used OSCOLA used
(OSCOLA) but often but with many fairly accurately impeccably
(0-3) incomplete errors (6) (7-10)
(Max 10) (4) (5)
Sources No/very few Mostly internet Mostly relevant Range of valid, Wide range of
relevant, up to or low value sources used; relevant, up to valid, relevant,
(Max 10) date sources; non- sources used but not as date legal up to date legal
recognised sources valuable as sources used sources used,
(e.g. Wikipedia) would be including journal
(0-3) (4) expected at this (6) articles (7-
level 10)
(5)
4.6 Feedback on your assignments

You will be provided with feedback on all coursework that is helpful and informative, consistent
with aiding the learning and development process. The nature of the feedback shall be determined
at programme level but may take a variety of forms including: written comments; individual and
group tutorial feedback; peer feedback; or other forms of effective and efficient feedback.
Feedback for mid-year assessments will normally be provided within 15 working days of the
published coursework component submission date.
For this module, the following feedback opportunities will be available:

- Detailed individual written feedback on all formative and summative assignments
- Group feedback after coursework 1 to help identify common areas of improvement for
coursework 2 (provided in writing and in person)
- Clarification of student questions by email, during and after classes, and during office hours
- Peer marking exercises
4.7 How is your assignment mark agreed?

External Examiners (external academic experts) review what we deliver at a programme level.
The University reviews a sample of your work to quality assure the grades and feedback you
received from the person who marked your work. Our External Examiners will sample a selection
15
of modules from a programme, with more focus of outcomes between modules within a
programme.
The following diagram provides an overview of the marking process for your module assessment.
Further information on the role of external examiners can be found at.
https://www.mdx.ac.uk/about-us/policies/academic-quality/handbook (section 4)
You submit your assignment

1
The first marker grades the work and provides feedback; this could be completed
2 anonymously depending on the assessment type.
A moderator or second marker reviews a sample of the work to quality assure the
grades and feedback, to ensure they are accurate. A final mark for the work is
3 agreed between the first marker and the moderator or second marker.
A sample of work, from a selection of modules across the programme, is sent to
the External Examiner to check that the grading and feedback is at the right level
4 and in line with external subject benchmarks (this applies to levels 5 & 6 only)
Your final grades are submitted to the programme assessment board.

5
4.8 Anonymous Marking Assessment Policy

We have worked with the Middlesex University Students’ Union (MDXSU) to create an anonymous
marking policy, in response to student feedback. Anonymous marking ensures that your identity
(your name, student number and other personal/identifiable information) is not made available to
academics when they are marking your work. This means that you can have confidence that your
assessments will be marked fairly and consistently. If you require further information and support
to understand how anonymous marking works in your programme modules please contact the
Module Leader for more information.
The Anonymous Marking Assessment Policy is available at:

https://www.mdx.ac.uk/__data/assets/pdf_file/0037/563599/anonymous-marking-assessment-
policy.pdf
4.9 Assessment: the 20-point scale

Individual assignments are marked in percentages and the overall percentage mark is then
converted to the 20-point scale. The tables below show you how this conversion takes place (table
1) and how grades on the 20-point scale relate to the different classes of Honours degree (table 2).
16
Table 1
Table 2 Grade Class of Honours Degree

1
2 FIRST CLASS
3
4 scale
20-point General scale General scale (full ranges)
5
61 UPPER80% - 100%
SECOND 79.50% - 100%
2 76% - 79% 75.50% - 79.49%
7
3 73% - 75% 72.50% - 75.49%
84
70% - 72% 69.50% - 72.49%
95 67% - 69% 66.50% - 69.49%
10
6 LOWER SECOND
65% - 66% 64.50% - 66.49%
7
11 62% - 64% 61.50% - 64.49%
8
12 60% - 61% 59.50% - 61.49%
9 57% - 59% 56.50% - 59.49%
13
10 55% - 56% 54.50% - 56.49%
14
11 52% - 54% 51.50% - 54.49%
15
12 THIRD50% - 51% 49.50% - 51.49%
16
13 47% - 49% 46.50% - 49.49%
14
17 45% - 46%
FAIL – MARGINAL 44.50% - 46.49%
15 42% - 44% allowed but not
41.50% - 44.49%
Compensation for LLB
16 40% - 41% 39.50% - 41.49%
compulsory modules
17 35% - 39% 34.50% - 39.49%
18
18 FAIL
30% - 34% 29.50% - 34.49%
19 Compensation
0% - 29% allowed but not for -LLB
0.01% 29.49%
20 compulsory modules
Non-participation 0%
19 FAIL
Compensation not allowed
20 FAIL- Incorporating failure to participate
in assessment necessary to achieve all
learning outcomes. Compensation not
allowed
17
5. Overview of week-by-week lecture topics
The table below shows the lecture topics week-by-week. The same topic is generally carried into
the seminar in the following week.
*** Please note that seminar and workshop topics and activities are not detailed in this
handbook, in order to retain flexibility. Seminar and workshop worksheets will be uploaded to
MyLearning at least a week before the relevant session so it is vital that students regularly access
the My Learning page for this module.
Please also regularly check your @mdx email as updates and reminders will be sent regularly.
Learning Week Lecture topic Content in outline

week starting
1 25 Sept Welcome and  Welcome to the module
2023 introduction to the  Orientation to MyLearning, reading list; expectations for online
module learning
 What do human rights mean to you?
2 2 Oct The Council of  Development of human rights in the post-war period
Europe and the  Main features of the European Convention on Human Rights
ECHR: origins, (ECHR) system
development and  Main institutions of the Council of Europe
contemporary  Expulsion of Russia and the rule of law crisis in Europe
challenges
3 9 Oct The ECHR: overview  The different types of rights contained in the ECHR: absolute,
of content and limited and qualified rights
principles of  Introduction to some of the principles used by the European
interpretation Court of Human Rights to interpret the ECHR: the Convention as
a ‘living instrument’; subsidiarity and the margin of appreciation;
positive and negative obligations; rights that are ‘practical and
effective’
4 16 Oct The Human Rights  Human rights protection before and after the HRA
Act 1998  Content and scheme of the HRA
 The relationship between the courts and Parliament
 Bringing a case: victims, remedies and damages
5 23 Oct Article 2: the right to  Article 2 of the ECHR and its permissible limitations
life  Abolition of the death penalty
 The intentional use of lethal force by state agent
 Positive obligations (substantive and procedural)
Week 6 – Independent learning week – no teaching; students to work on formative assessment
18

week starting
7 6 Nov Article 3: Prohibition  Absolute nature of Article 3
of torture and  Scope of Article 3 – definitions and thresholds
inhuman or  Interpreting Article 3 in the courts: dynamic interpretation,
degrading treatment positive obligations, and the diverse circumstances in which
or punishment Article 3 might be engaged
 Challenges to the absolute nature of Article 3
8 13 Nov Article 4: prohibition  What is slavery?
of slavery, servitude  The absolute prohibition of slavery, servitude and forced or
and forced or compulsory labour
compulsory labour  Exceptions to the prohibition of forced or compulsory labour
 Trafficking in human beings
9 20 Nov Article 8: The right to  Article 8 of the ECHR and its permissible restriction
respect for private  The principle of proportionality
and family life, home  The ECtHR’s broad interpretation of Article 8
and correspondence  Selected themes: privacy and the media; searches and
surveillance; personal information; protection from harm; sexual
identity and activity; gender identity; quality of life and dignity.
 (See also week 19 for related topic on human rights and the
beginning and end of life)
10 27 Nov Article 9: The right to  Article 9 of the ECHR and its permissible restriction
freedom of thought,  Article 9 in the context of education
conscience and  The right to be free from discrimination on grounds of religion or
religion belief – when rights come into conflict with each other
 (See also week 14 for related topic on bans on the wearing of
religious clothing)
11 4 Dec Article 10: the right  Article 10 and its permissible restriction
to freedom of  Types of expression – political, artistic, commercial
expression and  Press freedom
Article 11: the right  Article 11 – the right to peaceful protest
to freedom of  (See also week 15 for related topic on ‘hate speech’)
peaceful assembly  (See also week 16 for related topic on human rights in the
and association digital age)
12 11 Dec Freedom from  Article 14 of the ECHR – a ‘parasitic’ right
discrimination  Discrimination – direct / indirect / positive
(Article 14)  The ECtHR’s approach to Article 14
 Expanding protection (ECHR as a ‘living instrument’)
 Discrimination as degrading treatment
 Protocol 12 ECHR – a freestanding right to non-discrimination
Winter break
13 8 Jan Enforcement of  States’ obligations under the ECHR
2024 judgments of the  Do states implement judgments of the ECtHR in practice?
ECtHR  What happens if a state fails, or refuses, to implement
judgments?
19

week starting
14 15 Jan Bans on the wearing  Recap: the right to manifest religion or belief under Article 9 and
or displaying of its permissible restriction
religious clothing or  Cases relating to bans on the wearing or displaying or symbols in
symbols the workplace, in education and in the wider public sphere
15 22 Jan ‘Hate speech’  What is ‘hate speech’?
 Permissible restrictions under Article 10(2) and Article 17 ECHR
 Cases concerning ‘hate speech’ on the basis of race, religion,
sexual orientation, Holocaust denial and other issues
16 29 Jan Human rights in the  Is there, or should there be, a right to access the Internet?
digital age  Right to respect for private life under Article 8
 Right to freedom of expression under Article 10
17 5 Feb Counter-terrorism,  Legal definitions of terrorism
human rights and the  Derogations under the ECHR
rule of law  UK terrorism legislation
 Analysis of specific rights and cases in the context of terrorism
18 Independent learning week - no teaching; students to work on formative assessment
19 19 Feb Human rights and the  Cases concerning reproductive rights: abortion, medically-
beginning and end of assisted procreation, sterilisation
life  Cases concerning assisted suicide and euthanasia: is there, or
should there be, a ‘right to die’?
20 26 Feb The ECHR and the  How far is the right to a safe, clean, healthy and sustainable
right to a safe, clean, environment protected under the ECHR?
healthy and  Cases concerning industrial activities; man-made and natural
sustainable disasters; environmental risk and the right to information;
environment greenhouse gas emissions
21 4 March The ECHR, asylum  Examination of selected case law of the ECHR concerning the
and migration rights of migrants and asylum seekers
 The prohibition of the collective expulsion of aliens under Article
4 of Protocol No. 4 ECHR
22 11 March Recap sessions To be confirmed
relevant to essay
coursework
relevant to essay
coursework
relevant to essay
coursework
20
6. Reading and sources of information
*** Students will normally be asked each week to undertake additional preparatory reading, which
will be available via the online reading list. It is vital to your success in this module that you access
your reading list regularly and read at least the essential reading for each topic.
*** Please note that detailed week-by-week reading is contained in the online reading list and
not in this module handbook. The resources list is also available as a Word document on the
module page.
The main textbook for the course (available free to all Hendon students as a Kortext) is:
H. Davis, Human Rights Law – Directions (5th edition, Oxford University Press 2021)
Recommended
A. Donald and P. Leach, Parliaments and the European Court of Human Rights (Oxford University
Press, 2016)
M. Freeman, Human Rights (2nd edition, Polity Press 2011)
In addition, there is a wide selection of electronic resources available in the Middlesex Library.
Academic journals
Students will find useful articles in the following journals (this is not an exhaustive list):
European Human Rights Law Review

European Convention on Human Rights Law Review
European Journal of International Law
Harvard Human Rights Law Journal
Human Rights Law Review
Human Rights Quarterly
International and Comparative Law Quarterly
Modern Law Review
Public Law
21
Websites
Relevant UK cases/reports and legislation are available in Hendon Library via electronic databases.
In addition, the following websites are particularly useful:
European Court of Human Rights - http://www.echr.coe.int/Pages/home.aspx?p=home
See also the Court’s Hudoc database of cases and other materials - https://hudoc.echr.coe.int/ -
and its useful thematic factsheets:
https://www.echr.coe.int/Pages/home.aspx?p=press/factsheets&c=
Council of Europe - Human Rights and the Rule of Law: http://www.coe.int/en/web/human-rights-

rule-of-law/home
Council of Europe Commissioner for Human Rights:

http://www.coe.int/en/web/commissioner/home
EJIL Talk! – blog of the European Journal of International Law:

http://www.ejiltalk.org/
ECHR Blog – an independent blog which is a good source of information on cases, events, news
developments etc: http://echrblog.blogspot.co.uk/
Strasbourg Observers – another useful independent blog: http://strasbourgobservers.com/
General human rights and/or public law in the UK – blogs and websites
Each Other – https://eachother.org.uk
UK Human Rights blog - http://ukhumanrightsblog.com/
Blog of the UK Constitutional Law Association: http://ukconstitutionallaw.org/blog/
Parliamentary Joint Committee on Human Rights –

http://www.parliament.uk/business/committees/committees-a-z/joint-select/human-rights-
committee/
22
British Institute of Human Rights – a charity devoted to increasing awareness and application of
human rights in the UK - http://www.bihr.org.uk/
Liberty – an organisation which campaigns to protect basic rights and freedoms through the courts,
in Parliament and in the wider community: https://www.liberty-human-rights.org.uk/
Justice – an all-party law reform and human rights organisation working to strengthen the justice
system (administrative, civil and criminal) in the United Kingdom: http://www.justice.org.uk/
23
7. Lecture outlines
Please note that the detailed content of lectures may change in order to take account of topical
developments.
The following pages provide outlines of each lecture topic. I have also added ‘questions to think
about and discuss’ for each topic. These are designed to guide your reading for each topic and are
questions that we will discuss in the seminars.
REMEMBER!
*** Lecture slides (with notes) will be uploaded to My Learning in advance of each lecture; please
access these materials ahead of the session in order that you are well-prepared. Recordings will
be available after each lecture.
*** Seminar worksheets and exercises are not contained in this handbook, in order to ensure
that we can take into account topical developments. Seminar materials will also be disseminated
as we go through the module and will all be available on My Learning at least one week before
the seminar. Seminars will not be recorded.
*** Week-by-week reading is not contained in this module handbook but is available on the
online reading list linked from the My Learning page.
*** It is vital that you access My Learning regularly to benefit from all these materials.
24
Week 1 – Welcome and introduction to the module
This lecture session will be to introduce you to the module and ensure that you know where to find
reading and course materials.
We will also discuss what human rights mean to you at the start of this module.
25
Week 2 – The Council of Europe and the European Convention on Human Rights –
origins and development
Aims of the lecture

Knowledge: At the end of this lecture you should have knowledge of:
 the historical origins of the Council of Europe and the ECHR
 the main institutions of the Council of Europe, in particular the European Court of Human
Rights (ECtHR), the Committee of Ministers and the Parliamentary Assembly
 the post-1989 expansion of the Council of Europe
Skills: At the end of the lecture you should be able to:
 understand the relationship between the different institutions of the Council of Europe
 understand the relationship between the European Convention system and national
jurisdictions
Lecture outline
1. Origins and expansion of the ECHR system
 the post-1945 evolution of the ECHR in the context of the UN human rights system
 the post-1989 expansion of the Council of Europe
2. The institutions of the Council of Europe
 The structure of the ECtHR and the election of judges
 The Committee of Ministers and the enforcement of ECtHR judgments
 The Parliamentary Assembly
 The Commissioner for Human Rights
3. Expulsion of Russia in 2022 and the rule of law crisis in Europe
Questions to think about and discuss:

 What were the historical origins of the European Convention system?
 What factors lay behind the rapid expansion of the ECHR system after 1989?
 What are the main institutions of the Council of Europe and what does each do?
 Why do commentators say that there is a “rule of law crisis” in Europe?
26
Week 3 - The European Convention on Human Rights: overview of content and

principles of interpretation
Aims of the lecture

 The rights contained in the ECHR: the difference between limited, qualified and
absolute rights
 The key principles used by the ECtHR to interpret the Convention
 recognise the principles used by the ECtHR to interpret the ECHR in particular cases
 search for and locate judgments of the ECtHR using the Hudoc database
Lecture outline
1. The rights contained in the ECHR: the difference between absolute, limited and qualified
rights
2. Principles used by the ECtHR to interpret the ECHR
 the Convention as a ‘living instrument’
 positive and negative obligations
 subsidiarity and the ‘margin of appreciation’
 rights which are ‘practical and effective’

 What is the difference between absolute, limited and qualified rights?
 What is the difference between positive and negative obligations?
 What ideas lie behind the evolution of the Convention as a ‘living instrument’?
 What is the ‘margin of appreciation’?
27
Week 4 – The Human Rights Act 1998
Aims of the lecture

 The place of the Human Rights Act (HRA) 1998 in the UK’s unwritten constitution
 The content and scheme of the HRA
 Proposals for a new Bill of Rights for the UK
 Apply this knowledge to be able to evaluate the legal, political and constitutional impact of
the HRA and the implications of the Bill of Rights proposal
Lecture outline
1. The HRA and the UK constitution
 the UK’s unwritten constitution, separation of powers and the rule of law
 the situation before the HRA – the common law and rights
 the place of the HRA in the devolution settlements for Scotland, Wales and Northern
Ireland
2. Content and scheme of the HRA
 the scheme of the HRA – relationship between courts and Parliament
 UK courts must ‘take into account’ ECtHR case law - section 2 HRA
 judicial powers of interpretation - section 3 HRA
 declarations of incompatibility – section 4 HRA
 remedial action – section 10 and schedule 2 HRA
 ministerial statements of compatibility – section 19 HRA
 victims and remedies

 Why was the HRA enacted?
 In what ways does the HRA preserve parliamentary sovereignty?
 What is the effect of a declaration of incompatibility?
 What arguments have been advanced for abolishing the HRA and replacing it with a new UK
Bill of Rights – do you agree with them?
28
Week 5 – Article 2 ECHR: the right to life
Article 2 ECHR
1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life
intentionally save in the execution of a sentence of a court following his conviction of a crime for
which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it
results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Aims of the lecture

 the nature and scope of Article 2 ECHR as a limited right
 negative and positive obligations in the context of Article 2
 the distinction between substantive and procedural positive obligations under Article 2
 principles underpinning Article 2-compliant investigations
 apply the abovementioned principles developed by the ECtHR to specific factual situations
Lecture outline
1. Content and scope of Article 2

2. Abolition of the death penalty
3. Obligation to protect the right to life by law
3. Deaths in custody and the burden of proof
4. The use of lethal force and the necessity principle
5. The positive duty to protect life – substantive obligation – e.g. in the following
circumstances
• criminal acts of a third party
• terrorism
• domestic violence
• persons in detention
• detained and voluntary mental health patients
29
• environmental hazards
• wide-scale events, e.g. terror attacks
6. Adequate investigation into loss of life at the hands of or in the care of the state –
procedural obligations

 What kind of right is Article 2?
 What test has the ECtHR developed for when states are under a positive obligation to take
preventive measures to protect an individual whose life is at risk (the so-called ‘Osman
test’)?
 In what different circumstances has this test been applied by the ECtHR and domestic
courts?
 What are the requirements of an effective investigation under Article 2?
Don’t forget! Week 6 is an independent learning week so there

will be no teaching
30
Week 7 - Article 3: Prohibition of torture and inhuman or degrading treatment or

punishment
Article 3 ECHR
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Aims of the lecture

 the nature and scope of Article 3 ECHR as an absolute right
 definitions and thresholds: the distinction between torture and inhuman or degrading
treatment or punishment
 Analyse a range of issues in relation to torture and inhuman or degrading treatment or
punishment, including deportation and extradition, and terrorism and national security.
Lecture outline
1. The absolute nature of Article 3 and its importance
2. Torture v inhuman or degrading treatment: scope, definitions and thresholds
 the ECHR as a ‘living instrument’
 the requirement of a deliberate intent to cause suffering
 degrading treatment and the concept of dignity
3. Diverse situations in which Article 3 might be engaged, e.g.
 rape
 domestic violence
 corporal punishment
 conditions of detention
 sentencing of criminals
 extreme discrimination:
4. Article 3 and positive obligations
 removal of persons from the state:
5. Challenges to the absolute prohibition of torture
 deportation
 diplomatic assurances
 police interrogation
 ‘extraordinary rendition’
Questions to think about and discuss

31
 How has the ECtHR defined ‘torture’ and ‘inhuman’ or ‘degrading’ treatment or punishment
in its case law?
 What is the ‘ticking bomb’ scenario and can it ever justify torture?
 What arguments have been put forward to justify torture or inhuman or degrading
treatment in the context of the ‘war on terror’?
32
Week 8 – Article 4 ECHR: prohibition of slavery, servitude and forced labour
Article 4 ECHR
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term “forced or compulsory labour” shall not include:
(a) any work required to be done in the ordinary course of detention imposed according
to the
provisions of Article 5 of this Convention or during conditional release from such
detention;
(b) any service of a military character or, in case of conscientious objectors in countries
where they are recognised, service exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or well-
being of the community;
(d) any work or service which forms part of normal civic obligations.
Aims of the lecture

 The nature and scope of Article 4 as an absolute right
 Apply your knowledge of the case law in order to engage with contemporary debates about
trafficking, slavery and forced labour.
Lecture outline
1. International instruments concerned with slavery: Slavery Convention 1926; ILO Convention
No. 29 (Forced Labour Convention); Council of Europe Convention on Action against
Trafficking in Human Beings and the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children supplementing the United Nations Convention
against Transnational Organised Crime, 2000
2. Definition of slavery and servitude
3. Definition of forced labour
 Article 4(3) – exclusions
4. Human trafficking
5. Positive obligations
 to put in place an appropriate legislative and administrative framework
 to take operational measures
 to conduct an adequate investigation
33

 What is the modern legal definition of slavery?
 How has the ECtHR interpreted Article 4 of the ECHR, in particular using the principle of
dynamic interpretation (also known as the ‘living instrument’ principle)?
 What has been the ECtHR’s approach to cases concerning human trafficking?
 What are states’ positive obligations under the Convention in respect of Article 4?
34
Week 9 - Article 8: The right to respect for private and family life, home and
correspondence
Article 8
1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right except
such as is in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic well-being of the country, for
the prevention of disorder or crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others.
Aims of the lecture:

 The nature and scope of Article 8 of the ECHR as a qualified right
 The concepts of ‘private life’, ‘family life’, ‘home’ and ‘correspondence’
 The interpretation of Article 8 by the ECtHR and domestic courts in cases concerning
privacy; personal searches; personal information; sexual orientation; gender identity.
 Apply your knowledge of the case law and principles of interpretation in order to engage
with contemporary debates about restrictions on the right to private and family life
Lecture outline
1. The nature and scope of the Article 8 as a qualified right
 recap of key principles: proportionality; positive obligations; margin of appreciation;
ECHR as a ‘living instrument’
2. Breadth of the ECtHR’s interpretation of Article 8: private life; family life; home;
correspondence
3. Sexual orientation and activity
4. Recognition of gender reassignment

 What kind of right is Article 8 and what does it protect?
 What principles has the ECtHR used in order to interpret Article 8 of the ECHR?
 How has the ECtHR interpreted Article 8 in the context of cases concerning LGBTQ+ rights?
35
Week 10: Article 9: The right to freedom of thought, conscience and religion
Article 9
1. Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.
2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations
as are prescribed by law and are necessary in a democratic society in the interests of
public safety, for the protection of public order, health or morals, or for the
protection of the rights and freedoms of others.
Aims of the lecture

 The nature and scope of Article 9 ECHR: the absolute right to hold or change one’s religion
or belief and the qualified right to manifest one’s religion or belief
 The relationship between freedom of religion or belief and the right to be free from
discrimination on the grounds of religion or belief
 Contemporary debates about human rights, equality and religion or belief
with contemporary debates about restrictions on the manifestation of religion or belief
Lecture outline
1. The importance of freedom of thought, conscience and religion
2. ‘Internal’ and ‘external’ dimensions of Article 9
3. Definitions of religion or belief in case law
4. Limitations on the right to manifest religion or belief - examples
 conscientious objection to military service
 corporal punishment
5. Conflicting rights? Cases where claims based on freedom of religion or the right to be free
from religious discrimination are in tension with claims based on grounds of e.g. sexual
orientation.

 How have the ECtHR and UK courts balanced cases in which claims based on religion or
belief appear to clash with claims based on e.g. sexual orientation?
36
 Has the ECtHR given sufficient protection to the right to freedom of thought, conscience and
religion in its case law?
37
Week 11: Article 10: The right to freedom of expression and Article 11: the right to
freedom of peaceful assembly and association
Article 10
1. Everyone has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without interference by
public authority and regardless of frontiers. This Article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may
be subject to such formalities, conditions, restrictions or penalties as are prescribed by
law and are necessary in a democratic society, in the interests of national security,
territorial integrity or public safety, for the prevention of disorder or crime, for the
protection of health or morals, for the protection of the reputation or rights of others,
for preventing the disclosure of information received in confidence, or for maintaining
the authority and impartiality of the judiciary.
Article 11
1. Everyone has the right to freedom of peaceful assembly and to freedom of
association with others, including the right to form and to join trade unions for
the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as
are prescribed by law and are necessary in a democratic society in the interests
of national security or public safety, for the prevention of disorder or crime, for
the protection of health or morals or for the protection of the rights and
freedoms of others. This Article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces, or
the police, or of the administration of the State.
Aims of the lecture

 The nature and scope of Article 10 of the ECHR as a qualified right
 Relevant case law on freedom of expression
 Article 11 of the ECHR (in particular, the right to freedom of peaceful assembly) and its
relationship with Article 10 (freedom of expression) and Article 5 (the right to liberty)
with contemporary debates about (i) restrictions on freedom of expression and (ii) the right
to peaceful protest.
38
Lecture outline
1.Article 10 as a qualified right
 Theories of free speech: the different approaches taken in Europe and the USA
 Limitations under Article 10(2)
 Scope of Article 10
 Types of expression:
2. Press freedom
 Prior restraint
 Protection of journalistic sources
3. Balancing Article 10 and Article 8
4. Other restrictions on freedom of expression – examples:
 national security
 political advertising
 morality and indecency
5. Nature and scope of Article 11 as a qualified right
 Guiding principles: presumption in favour of holding peaceful assemblies; negative and
positive obligations; legality; proportionality; non-discrimination
 Legitimate grounds for restriction
 Relationship between Articles 9, 10 and 11

 What kind of right are Articles 10 and 11?
 What are the arguments for and against unrestricted freedom of expression?
 What principles have the ECtHR and domestic courts used in striking a balance in cases
concerning the right to privacy and the right to free expression?
 In your view, have the ECtHR and domestic courts struck the right balance?
39
Week 12: Article 14: Prohibition of discrimination
Article 14
The enjoyment of the rights and freedoms set forth in this European Convention on Human
Rights shall be secured without discrimination on any ground such as sex, race, colour,
language, religion, political or other opinion, national or social origin, association with a
national minority, property, birth or other status.
Aims of the lecture

 The meaning of the principle of non-discrimination
 Prohibition of discrimination as interpreted by the ECtHR
 ECtHR case law on discrimination
with contemporary debates about the right to non-discrimination
Lecture outline
1. The meaning of the principle of non-discrimination: non-discrimination versus equality
2. Prohibition of discrimination as interpreted by the European Convention on Human Rights
 Article 14 (and Protocol 12) of the ECHR
3. Freedom from discrimination in the UK
 Equality Act 2010
4. How the Court interprets Article 14:
 the ambit test
 difference of treatment and finding comparators
 grounds for discrimination
 the issue of justification
5. Selected cases and the issue of indirect discrimination
6. Degrading treatment as discrimination
7. Protocol No 12 to the ECHR – a freestanding right to non-discrimination

 What is the difference between direct and indirect discrimination?
 What is the difference between Article 14 and Protocol 12 of the ECHR?
 How has the ECtHR interpreted Article 14 of the ECHR?
Week 13: Enforcement of judgments of the European Court of Human Rights
40
Aims of the lecture

 How Council of Europe institutions seek to enforce ECtHR judgments
 What happens if a state fails or refuses to implement a judgment of the Court
 Identify the strengths and weaknesses of the ECHR system in relation to enforcement
Outline
1. Institutional roles; the Committee of Ministers, the ECtHR, the Parliamentary Assembly and
the Council of Europe Commissioner for Human Rights
2. Obligations on states: Article 46 ECHR and statistics on implementation
4. Political challenges to the European Convention system:
 case studies of UK, Russia and Turkey

 What are states obliged to do following a judgment of the ECtHR and how far do states, in
practice, fulfil their obligations?
 On what basis have states refused to implement judgments of the Court (or otherwise
challenged the Court’s legitimacy) and how far can such resistance ever be justified?
 What can the Court and other Council of Europe bodies do if a state refuses to implement
judgments given against it?
41
Week 14: Bans on the wearing or displaying of religious clothing or symbols
Aims of the lecture

 The development of case law of the ECtHR with respect to bans on the wearing or displaying
of religious clothes or symbols
 Identify and critically appraise the relevant case law and the principles of interpretation
used by the ECtHR
Lecture outline
1. Recap of Article 9 ECHR, its scope and limitations
2. Selected case law
 the displaying of religious symbols in state schools
 the wearing of religious symbols at work
 religious dress in schools
 religious dress in universities
 bans on the wearing of the face veil in public places

 What approaches have been taken in different European states to the wearing of
headscarves and face veils in public places?
 How has the ECtHR interpreted Article 9 in the context of legal challenges to restrictions on
the wearing of headscarves and face veils?
 Has the ECtHR given sufficient protection to applicants in cases concerning bans on religious
dress or symbols?
 What did the UN Human Rights Committee decide in the cases of Yaker v France and
Hebbadi v France (2018) and how did its decisions differ from the ECtHR in SAS v France?
42
Week 15: The ECHR and ‘hate speech’
Aims of the lecture

 The concept of ‘hate speech’ and definitions
 The UK legal framework and relevant case law on ‘hate speech’
 Limitations on freedom of expression under Article 10(2) and Article 17
 Apply your knowledge of the case law in order to engage with contemporary debates about
restrictions on freedom of expression in the context of ‘hate speech’.
Lecture outline
1. Restrictions under Article 10(2) and Article 17 (the ‘abuse clause’)
2. Relevant UK legislation
3. Different types of hate speech
o Racial hate speech
o Religious hate speech
o Homophobic and transphobic hate speech
o Holocaust denial/references to the Holocaust or to genocide
o Glorifying terrorism

 Where should the line be drawn between allowing freedom of expression and protecting
racial, religious, sexual or other minorities?
 Is the line drawn differently in relation to speech which is derogatory towards racial groups
compared to other groups? Should it be?
 In what circumstances does the ECtHR apply Article 17 (the ‘abuse clause’)?
43
Week 16: Human rights in the digital age
Aims of the lecture

 ECtHR case law relating to the Internet
 Debate about whether there should be a right to access the Internet

• Critically appraise this case law with reference to Articles 8 and 10 ECHR
Outline
1. Is there, or should there be, a right to access the Internet? If so, what would it oblige
states to do?
2. Right to freedom of expression under Article 10:
 general approach of the ECtHR
 liability for user-generated comments on an Internet news portal
 journalists’ right to use information obtained from the Internet
 the right to access the Internet
3. Right to privacy under Article 8
 Does Article 8 encompass a general right to privacy of inline communications,
storage, use, processing and disclosure by the state or third parties?
 Employees’ use of email and Internet at workplace
 Monitoring of online communications

 Can Internet access now be considered a ‘right’ and if not, should it be?
 In what ways is the Internet a threat to human rights?
 How has digital technology changed the ways in which human rights are both enjoyed and
violated?
44
Week 17: Counter-terrorism, human rights and the rule of law
Aims of the lecture

 Selected UK and ECtHR case law relating to terrorism
 UK terrorism legislation
 Identify the multiple legal aspects surrounding the topic of terrorism
 Analyse specific rights in the context of terrorism
 Evaluate the legal actions involved in the fight against terrorism and their compatibility with
the human rights regime
Lecture outline
1. What is terrorism?
 evolution of the concept of terrorism
 legal definitions: UN; s1 UK Terrorism Act 2000
2. Derogations from the ECHR in times of emergency
3. Overview of UK terrorism legislation
4. Analysis of specific rights and issues in the context of terrorism
 Article 2 - right to life
 Article 3 – prohibition of torture: conditions of detention of terror suspects; risk of ill-
treatment in case of deportation
 Secret ‘rendition’ operations
 Article 5 – detention of terror suspects
 Article 8 – stop and search
 Victims of terrorism

 What is ‘terrorism’?
 Is terrorism a special case? How far should human rights and the rule of law be
subordinated to extraordinary laws designed to detect or prevent terrorist activity?
Don’t forget! Week 18 is an independent learning week, so there is no

teaching
45
Week 19: The ECHR and the beginning and end of life
Aims of the lecture

• The nature and scope of Article 8 of the ECHR as a qualified right
• The interpretation of Article 8 by the ECtHR and domestic courts in specific cases covering
themes of reproductive rights including abortion, medically-assisted procreation, and
sterilisation; assisted suicide.
• Analyse legal and academic texts in order to relate knowledge of principles to specific
situations in order to reach justifiable conclusions.
 Apply knowledge of Article 8 in the context of emerging areas of law and policy such as
reproductive rights and assisted suicide
Lecture outline
1. Recap: nature and scope of Article 8 as a qualified right
2. Reproductive rights
 access to legal abortion
 medically-assisted procreation
 the right to life and the unborn
 forced sterilisation
3. Assisted suicide
 The law in the UK banning assisted suicide (Suicide Act 1961) and different legal regimes
in Europe
 the margin of appreciation afforded to states by the ECtHR
 the issue of ‘who decides’ – the courts or Parliament?

 What principles has the ECtHR used to adjudicate cases on reproductive rights?
 Should there be a right to a dignified death at a time of one’s choosing? What are the
human rights-based arguments for and against this idea?
 What are the specific human rights dimensions of the debate about assisted suicide and
euthanasia?
 Who should decide about any change in the law on assisted suicide in the UK – the courts or
Parliament?
46
Week 20: The ECHR and the right to a safe, clean, healthy and sustainable
environment

 The Convention rights that are applicable to enjoyment of a clean, healthy and sustainable
environment
 The principles that are applicable to environmental cases, including the “living instrument”
principle, positive obligations, subsidiarity and the margin of appreciation
 Identify the multiple human rights aspects surrounding the topic of climate change and the
environment
 Analyse specific rights in the context of climate change and the environment
 Articulate your own view about whether there should be an explicit right to a clean, healthy
and sustainable environment and what states’ corresponding duties should be
Lecture outline
1. The national and international context and relevant laws and instruments,
including:
 the Aarhus Convention (1998)
 the UK Climate Change Act 2008
 the Paris Agreement (2015)
 the UN General Assembly resolution on ‘The human right to a clean, healthy
and sustainable environment (2022)
2. Proposal for an additional Protocol to the ECHR on the right to a healthy
environment
3. The role of national courts, e.g. the Urgenda case in the Netherlands on the legal
duty to prevent dangerous climate change
4. The role of the European Court of Human Rights and its limitations
 the procedural hurdles at the admissibility stage, e.g. need for applicants to
exhaust domestic remedies, establish ‘victim’ status under Article 34 ECHR,
show ‘significant disadvantage’
 relevant principles of interpretation, including the ECHR as a “living
instrument”, positive obligations, subsidiarity and the margin of appreciation
5. Applicable Convention rights and cases:
 Articles 2 and 3: the environment and the right to life and the right not to be
subjected to inhuman or degrading treatment
 Articles 6(1) and 13: access to justice and remedies in environmental matters
 Article 8: the right to respect for private and family life and the home
47
 Article 8: decision-making processes and public participation

 Articles 10 and 11: information and communication on environmental
matters, including the right to protest
 Article 1 of Protocol 1 of the Convention: environment and the protection of
property
6. Climate change cases pending before the ECtHR

 Should the right to a safe, clean, healthy and sustainable environment be expressly
protected under the ECHR? If so what obligations would states have?
 Are courts in general, and is the European Court of Human Rights in particular, well-
placed to adjudicate on the highly complex and widespread phenomenon of climate
change? Why – or why not?
48
Week 21: The ECHR, asylum and migration

 Selected issues and cases relating to migration and asylum in Europe
 Analyse the relevant case law to discuss the extent and limits of human rights protection
for migrants and refugees.
Lecture outline
1. Background and context - Europe’s response to the migration and refugee crisis
2. Issues of jurisdiction
3. Seeking migration into, or to remain within, a CoE state:
 immigration controls in conformity with human rights standards
 equality and non-discrimination
 the principle of non-refoulement
4. Migrants and detention:
 Deprivation of liberty / restrictions on freedom of movement
 Detention conditions
 Migrants with specific needs
 Challenging lawfulness of detention
5. Living conditions
6. Article 4 (prohibition of collective expulsion of aliens) of Protocol No. 4 to the ECHR

 What protection does the ECHR provide for migrants, asylum seekers and refugees and
what are the limits to that protection?
 How have European states and institutions responded to the migration and refugee crisis in
Europe?
 Weeks 22, 23 and 24 will involve recap lectures and seminars to support the
essay coursework – content to be notified nearer the time
49
Appendix 1: Guide to Citation and Referencing for Law
 Good referencing is crucial in any legal work. It is important for you to reference your work
properly, using the correct citations (quotations) and conventions. You are required to cite
(quote) the bibliographical references of all the cases, legislation, books, articles, etc. to
which you have referred in your work.
 Referencing your work will show the marker/examiner that you have read widely around
the subject and that your reading has informed and supported your work. Failure to
reference your work properly will mean that your work lacks credibility and this will result in
a lower mark and possibly even a fail grade. It may also result in an accusation of academic
conduct involving plagiarism or collusion.
 One of the fundamental rules is that you should cite references in two places:
o In the text of your work, using footnotes (and not brackets or endnotes)
o In a list at the end of your work (a bibliography)
At Middlesex University, students’ citation of legal authorities follows guidelines set out in the
Oxford Standard for the Citation of Legal Authorities (OSCOLA). This is referencing system adopted
by most Law Schools and Departments in the UK.
The guidelines can be referenced in full at:

http://www.law.ox.ac.uk/published/OSCOLA_4th_edn.pdf
On the following page is a useful quick guide to the OSCOLA Guidelines, taken from the above link
(Faculty of Law, Oxford University, Oxford Standard for the Citation of Legal Authorities (4th edn,
2013) 52)
*** Citing judgments and decisions of the European Court of Human Rights
Please note that OSCOLA offers three different formats for citing cases of the ECtHR.
This is the format recommended you are recommended to use:
Balogh v Hungary App no 47940/99 (ECHR, 20 July 2004)
This method has the advantage of facilitating access to judgments via the Court’s Hudoc database,
where judgments are identified by their unique application number and date.
50
OSCOLA Quick Reference Guide
Primary Sources Secondary Sources

Do not use full stops in abbreviations. Separate citations Books
with a semi-colon. Give the author’s name in the same form as in the
Cases publication, except in bibliographies, where you should
Give the party names, followed by the neutral citation, give only the surname followed by the initial(s). Give
followed by the Law Reports citation (eg AC, Ch, QB). If relevant information about editions, translators and so
there is no neutral citation, give the Law Reports citation forth before the publisher, and give page numbers at the
followed by the court in brackets. If the case is not end of the citation, after the brackets.
reported in the Law Reports, cite the All ER or the WLR, or Thomas Hobbes, Leviathan (first published 1651,
failing that a specialist report. Penguin 1985) 268
Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC Gareth Jones, Goff and Jones: The Law of Restitution
884 (1st supp, 7th edn, Sweet & Maxwell 2009)
R (Roberts) v Parole Board [2004] EWCA Civ 1031, K Zweigert and H Kötz, An Introduction to
[2005] QB 410 Comparative Law (Tony Weir tr, 3rd edn, OUP 1998)
Page v Smith [1996] AC 155 (HL) Contributions to edited books
When pinpointing, give paragraph numbers in square Francis Rose, ‘The Evolution of the Species’ in Andrew
brackets at the end of the citation. If the judgment has no Burrows and Alan Rodger (eds), Mapping the Law:
paragraph numbers, give the page number pinpoint after Essays in Memory of Peter Birks (OUP 2006)
the court. Encyclopedias
Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR Halsbury’s Laws (5th edn, 2010) vol 57, para 53
2112 [42], [45] Journal articles
Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER Paul Craig, ‘Theory, “Pure Theory” and Values in
336 [1]–[37] Public Law’ [2005] PL 440
R v Leeds County Court, ex p Morris [1990] QB 523 When pinpointing, put a comma between the first page of
(QB) 530–31 the article and the page pinpoint.
If citing a particular judge: JAG Griffith, ‘The Common Law and the Political
Arscott v The Coal Authority [2004] EWCA Civ 892, Constitution’ (2001) 117 LQR 42, 64
[2005] Env LR 6 [27] (Laws LJ) Online journals
Statutes and statutory instruments Graham Greenleaf, ‘The Global Development of Free
Act of Supremacy 1558 Access to Legal Information’ (2010) 1(1) EJLT
Human Rights Act 1998, s 15(1)(b) <http://ejlt.org//article/view/17> accessed 27 July
Penalties for Disorderly Behaviour (Amendment of 2010
Minimum Age) Order 2004, SI 2004/3166 Command papers and Law Commission reports
EU legislation and cases Department for International Development,
Consolidated Version of the Treaty on European Eliminating World Poverty: Building our Common
Union [2008] OJ C115/13 Future (White Paper, Cm 7656, 2009) ch 5
Council Regulation (EC) 139/2004 on the control of Law Commission, Reforming Bribery (Law Com No
concentrations between undertakings (EC Merger 313, 2008) paras 3.12–3.17
Regulation) [2004] OJ L24/1, art 5 Websites and blogs
Case C–176/03 Commission v Council [2005] ECR I– Sarah Cole, ‘Virtual Friend Fires Employee’ (Naked
7879, paras 47–48 Law, 1 May 2009) <http://www.nakedlaw.
Case C–556/07 Commission v France [2009] OJ C102/8 com/2009/05/index.html> accessed 19 November
European Court of Human Rights 2009
Omojudi v UK (2010) 51 EHRR 10 Newspaper articles
Osman v UK ECHR 1998–VIII 3124 Jane Croft, ‘Supreme Court Warns on Quality’ Financial
Balogh v Hungary App no 47940/99 (ECHR, 20 July Times (London, 1 July 2010) 3
2004)
Simpson v UK (1989) 64 DR 188
51
Appendix 2: Glossary of key terms and concepts
Absolute, limited and qualified rights

Absolute rights may never be limited or restricted, whatever the circumstances. They may not be
balanced against the rights of others or the interests of the wider community. They may not be
derogated from. Limited rights can be limited in specific or finite circumstances which are set out in
full in the text of the relevant Articles. Qualified rights can be restricted under more general
circumstances set out in text of relevant Articles: they can be balanced against the rights of others
or the interests of the wider community. See also Appendix 3.
Admissible / admissibility
When the ECtHR receives an application, the Court must determine if it meets all of the
admissibility requirements. For example, the applicant must have exhausted all domestic remedies
(with a time limit of six months from the final domestic judicial decision); their application must not
be ‘manifestly ill-founded’; and they must have suffered ‘significant disadvantage’. If an application
fails to meet any of these requirements, it will be declared inadmissible and cannot proceed any
further. If it is admissible, the Court will proceed to the next stage - examining the merits of the
case.
Applicant
An individual or organisation who has made an application to the European Court of Human Rights
alleging a violation of one or more of their Convention rights.
Civil and political rights

Civil and political rights ensure individuals’ ability to participate in the civil and political life of their
society without discrimination or repression. They are sometimes referred to as ‘first generation’
rights, whereas economic, social and cultural rights are known as ‘second generation’ rights. They
include, among others, the following rights and freedoms: the right to life; the prohibition of
torture and inhuman or degrading treatment; the prohibition of slavery and forced labour; the right
to liberty; the right to a fair trial; the right to private and family life; the right to freedom of
thought, conscience and religion; freedom of expression; freedom of association; the right to free
elections; and the prohibition of discrimination. The ECHR primarily enshrines civil and political
rights.
Derogation
Certain human rights treaties, including the European Convention on Human Rights, envisage a
system of derogations allowing states parties to adjust their obligations temporarily under the
treaty in exceptional circumstances. Under Article 15 ECHR, states may suspend certain obligations
52
in time of ‘war or other public emergency threatening the life of the nation’. Absolute rights may
not be derogated from.
Economic, social and cultural rights

Economic, social and cultural rights include, for example, the rights to education, housing, an
adequate standard of living, and the highest attainable standard of health. Economic, social and
cultural rights are recognised and protected in international and regional human rights instruments.
The ECHR principally contains civil and political rights, not economic, social and cultural rights.
Engaged
To say that a right is ‘engaged’ in a particular situation means that the right is relevant and
applicable to that situation.
Execution
The term given to the implementation of a judgment, i.e. a judgment has been ‘executed’ if the
respondent state has taken all the measures required by that judgment.
Extra-territorial jurisdiction / extraterritoriality

Under Article 1 ECHR, states parties undertake to secure to everyone ‘within their jurisdiction’ the
rights and freedoms defined in the Convention. The ECtHR has held that jurisdiction is primarily
territorial, i.e. it relates to decisions and actions within the state’s territory. However, the ECtHR
has held that, in exceptional circumstances, acts performed, or producing effects, outside of a
state’s territory can constitute an exercise of jurisdiction within the meaning of Article 1; for
example, where a state has effective control of a territory (e.g. by military occupation) and
exercises some or all of the public powers normally exercised by that territory’s government.
Grand Chamber
Decisions of a chamber of the European Court of Human Rights can be referred by either party (or
relinquished by the chamber itself) for consideration by the Grand Chamber. This happens only in
exceptional cases, involving a serious question affecting the interpretation or application of the
Convention or a serious issue of general importance. A chamber is formed of seven judges; the
Grand Chamber is formed of 17 judges. Judgments of the Grand Chamber are final. More
information at: http://www.echr.coe.int/Documents/FAQ_GC_ENG.pdf.
Individual and general measures

Individual measures are specific steps that states must take to end an unlawful situation (e.g. to
release someone from custody, to return confiscated land or property, to investigate a
disappearance or death) or to compensate victim (damages and/or legal costs – known as ‘just
53
satisfaction’). General measures are legislative, administrative, regulatory, policy or constitutional

changes that a state must take in order to prevent the violation being repeated.
Living instrument
The ECHR is often referred to as a ‘living instrument’. This means that the ECtHR interprets the
Convention rights in the light of present day conditions and norms, rather than assessing what was
intended by the drafters of the Convention in 1950. This approach is sometimes referred to as
‘dynamic’ or ‘evolutive’ interpretation of the Convention.
Margin of appreciation
The margin of appreciation is the doctrine, underpinned by the principle of subsidiarity, according
to which states enjoy a degree of latitude or discretion in deciding between a range of possible
ways of giving effect to the Convention rights and freedoms, subject to the ultimate supervisory
jurisdiction of the European Court of Human Rights. This means, for example, that Council of
Europe member states have different laws on matters such as abortion and assisted suicide and this
diversity is respected by the ECtHR in view of the different legal, political, social and cultural
traditions of the 46 states. The margin of appreciation may narrow (i.e. the state will be afforded
less discretion) when the law or practice of that state falls outside of European and / or
international consensus on an issue.
Negative and positive obligations

A negative obligation requires states to refrain from interfering in individuals’ rights without
justification. A positive obligation goes further: it requires states to undertake specific preventive or
protective actions to secure ECHR rights, even if the violation of rights is threatened or has occurred
at the hands of a private individual or entity rather than an agent of the state. Positive obligations
may also require a state to investigate an alleged breach of a fundamental right; this is known as
the ‘procedural’ positive obligation.
Pilot judgment
The ECtHR developed the ‘pilot judgment’ procedure as a means of dealing with large groups of
identical cases that derive from structural or systemic problems within a state. The Court will
identify the dysfunction under national law that is at the root of the violation and give clear
indications to the government as to how it can eliminate this dysfunction. It may also impose a
deadline by which reform should take place.
Proportionality
Proportionality can be summarised as 'not using a sledgehammer to crack a nut'. It ensures that any
restriction of a person's human rights is kept to a minimum. Any interference with a Convention
right must be proportionate to the intended objective. This means that even if a particular policy or
54
action which interferes with a Convention right is aimed at pursuing a legitimate aim, this will not
justify the interference if the means used to achieve the aim are excessive in the circumstances.
Any interference with a Convention right should be carefully designed to meet the objective in
question and must not be arbitrary or unfair. See also Appendix 4.
Protocol
A treaty which modifies an existing treaty, by adding additional procedures or substantive
provisions. Protocols need to be separately ratified by states.
Public authority
Organisations and individuals that carry out public functions, e.g. government departments, local
authorities, health authorities and hospitals, schools, universities, prisons, and police services.
Ratification / ratify
In international human rights law, the first step in ratification of a treaty is to sign it; this constitutes
a promise to adhere to the principles in the document and to honour its spirit. Ratification is the
process by which the legislative body (parliament) of a state confirms a government’s action in
signing a treaty - the formal procedure by which a state becomes bound to a treaty after
acceptance.
Reservation
Reservations are the exceptions that states parties make to a treaty at the time that they ratify it,
i.e. provisions that they do not agree to follow. Reservations are provided for under Article 57 of
the ECHR. Reservations, however, may not undermine the fundamental meaning of the treaty.
Respondent state
The state against which a case has been brought at the European Court of Human Rights.
States party / states parties

Those countries that have ratified a treaty and are thereby bound to conform to its provisions.
Subsidiarity
Subsidiarity is the principle that the national authorities (governments, parliaments and courts)
have the primary responsibility for securing for everyone within their jurisdiction the Convention
rights and freedoms, and for providing an effective remedy when those rights are violated.
55
Write here any other terms you come across during the module so that you can remember them.
Term Definition
56
Appendix 3: Absolute, limited and qualified rights in the ECHR
It is not stated in the Convention what type(s) of right each Article enshrines; however, you can tell
by looking at the text of the Article whether it is absolute, limited or qualified (see also lecture in
Week 2).
ABSOLUTE rights may never be restricted or interfered with, whatever the circumstances. They may
not be balanced against the rights of others or the interests of the wider community. They may not
be derogated from.
They include:
Article 3 – prohibition of torture and inhuman or degrading treatment or punishment

Article 4 – prohibition of slavery, servitude and forced labour
Article 7 – no punishment without law (prohibition of retrospective criminalisation)
Article 9(1) – freedom of thought, conscience and religion (the right to hold or change one’s
religion or belief, not the right to manifest it)
LIMITED rights can be limited in specific or finite circumstances which are set out in full in the text
of the relevant Articles.
They include:
Article 2 – the right to life

Article 5 – the right to liberty
Article 6 – the right to a fair trial
QUALIFIED rights can be restricted under more general circumstances set out in the second
paragraph of the relevant Articles; in essence, they can be balanced against the rights of others or
the interests of the wider community.
They include:
Article 8: the right to respect for private and family life

Article 9: the right to manifest one’s religion or belief
Article 10: freedom of expression
Article 11: freedom of peaceful assembly and association
57
Appendix 4: Proportionality flowchart for qualified rights
This flow chart sets out the stages by which a UK court or the ECtHR will assess whether a public
authority’s interference with someone’s right was or was not justified.
 Step 1: Is the right engaged? i.e. does the scope of the right cover the specific situation of
the applicant in the case? (If the answer is ‘no’, the case fails)
 Step 2: If the answer is ‘yes’, does the action of the public authority actually interfere with
the right? (If the answer is ‘no’, the case fails)
 Step 3: If the answer is ‘yes’, is the interference:
 lawful – is there a clear and certain legal basis for the interference?
 in pursuit of a legitimate aim? This varies between the relevant Articles, e.g. national
security, prevention of disorder or crime, public safety, protection of the rights and
freedoms of others
 necessary in a democratic society – does it meet a ‘pressing social need’?
 proportionate, i.e. is there a balance between the aim pursued by the interference and
the means employed by the public authority? Put another way, has the public authority
used the least restrictive means possible to achieve the legitimate aim being pursued?
If YES to ALL of the elements of step 3, the state’s interference with the right is
justified  the state has not violated the Convention right
If NO to ANY of the elements of step 3, the state’s interference with the right is not
justified  the state has violated the Convention right
58
Appendix 5: Writing tips – avoiding common errors
 Stick to the topic: make sure you answer or address the specific topic that is set. Do not
write on matters that are irrelevant or peripheral. Do not be tempted to ‘pad out’ your
writing – and especially your introduction - with unnecessary background material; it is
better to go straight to the heart of the topic.
 Cover the whole topic, not just part of it: for example, if the topic is ‘Limitations on the
right to wear or display religious clothing or symbols under the European Convention on
Human Rights’, then your submission should cover both clothing and symbols.
 Proof read your work carefully – try reading it aloud to yourself and you will spot mistakes.
Also, run a spell check in Word before submitting your work.
 Make sure your work is easily readable: avoid writing very long sentences which contain
several points or ideas, separated only by commas. Remember that each paragraph should
contain one main point (such as a case, an argument, an idea). Avoid overly long paragraphs
containing several points as it will make your work difficult to read. Each paragraph should
clearly link to the paragraphs before and after, making your written work easy to navigate
for the reader.
 Be precise and consistent in your use of legal terminology: e.g. is the right you are
discussing absolute, limited or qualified? Has the ECtHR applied the ‘margin of appreciation’
in a case, and what does this mean?
 Low and high value sources: in respect of secondary sources, avoid the use of ‘low value’
sources (such as newspaper articles; websites; or short case summaries). Instead, you
should aim to use ‘high value’ sources (such as books/book chapters; academic journal
articles; parliamentary or governmental reports; research-based reports of national or
international human rights organisations). High value sources are those that make a decisive
or authoritative contribution to the topic, e.g. because they are a unique source of
information, or develop an analysis or argument which is germane to an understanding of
the topic. Text books are a valid source but should be used mainly for background
knowledge and understanding. Sites such as Wikipedia and lawteacher.net are not
acceptable sources at this level of academic study.
 Remember to cite leading judgments: that is, judicial decisions that have
settled or determined the law and thereby serve as a guide for subsequent decisions. This
also means referring to Grand Chamber judgments of the ECtHR (where they exist) rather
59
than the Chamber judgment in the same case (unless, for example, it is pertinent to your
analysis to highlight any differences between them). If you omit to mention the leading
case(s) in an area of law, then your analysis will be incorrect and out of date.
 Do not make assertions or sweeping statements without substantiating them (i.e. backing
them up with evidence) or attributing them (i.e. if it is not your idea or argument, tell the
reader in a footnote whose idea or argument it is). Likewise, avoid saying bluntly that a
court has got it ‘right’ or ‘wrong’ in a particular judgment; if you disagree with a judgment,
engage with the reasoning and explain why you think it has erred.
 Avoid making definitive statements in your own voice about whether a certain action or
decision violates (or would violate) the ECHR; only do so when are citing a judgment or
decision of a judicial or quasi-judicial body or another authoritative source (such as the UK
parliamentary Joint Committee on Human Rights) – in which case, provide a reference to the
source.
 Avoid using colloquial language, e.g. say ‘children’ rather than ‘kids’.
Usage
 Do not confuse the Council of Europe and the European Union – and do not refer to e.g.
‘European judges’ as this is ambiguous
 Do not refer simply to ‘the courts’; you need to make clear which court or courts you mean:
ECtHR or national courts, or both?
 Be careful when you use the passive voice, e.g. ‘it is argued that’, ‘it is said that’. In most
instances, it is better to say who makes the argument - and the meaning may be ambiguous
if you don’t.
 The ECtHR is not a court of appeal. Applicants do not ‘appeal’ to the ECtHR; they may make
an application to the Court once they have exhausted all domestic remedies. Similarly, the
parties to a case do not ‘appeal’ to the Grand Chamber; they may make a request for the
case to be referred to the Grand Chamber (and such requests are accepted only on an
exceptional basis, e.g. if they raise important matters of the interpretation of the ECHR).
Style, spelling and terminology
 Acronyms: spell out in full on first usage with the acronym in brackets; thereafter, you can
simply use the acronym.
 European Court of Human Rights (ECtHR or ‘the Court’)
 European Convention on Human Rights (ECHR or ‘the Convention’)
60
 Human Rights Act (HRA) 1998

 Judgment (not judgement)
 Grand Chamber / Chamber (upper case)
 Article (upper case)
 ‘Convention rights’ not ‘conventional rights’
 ‘Inhuman or degrading treatment’ (not ‘inhumane’)
 Case names in italics; except when referring to the individual e.g. ‘In Chahal v UK, Mr
Chahal, a Sikh nationalist ….’
Bibliography
 The bibliography is the place where you can demonstrate evidence of the breadth of your
reading and research. Include all relevant material that has informed your analysis, even if
you do not refer to it specifically in the body of the coursework.
 Organise your bibliography under subheadings: you can follow the subheads used in the
OSCOLA guide in this handbook (you don’t have to use all of them).
 Under each subhead, organise the sources alphabetically by surname of author or
organisation (as appropriate)
 In the bibliography, you do not need to list separately every Article or section of a treaty or
statute referred to – just the treaty/statute itself.
Referencing
 Footnotes go at the end of the sentence (or relevant part of the sentence)
 Footnote numbers go after, not before punctuation.
 When you cite a specific part of a judgment or a publication, provide the pinpoint reference:
this is the page number(s) (or paragraph number(s), for documents that have numbered
paragraphs) to which you are referring.
 Website links alone are not adequate as references: follow OSCOLA and provide (as
appropriate) the author/organisation, title, source, date, paragraph/page number. This rule
applies even if you are citing a newspaper article or blog.
 Where possible, cite the original source, rather than citing it second-hand via another
source. For example, if you are giving the facts of a judgment, cite the judgment itself, not
the report of it in a newspaper or text book. Similarly, if you refer to a speech, try to find the
original text of the speech rather than citing a newspaper summary
 Use footnotes rather than endnotes (and do not mix endnotes and footnotes in the same
document).
61
 FOLLOW OSCOLA CONSISTENTLY – see the Quick Reference Guide in Appendix 1 this
handbook. Note the permissible variation from OSCOLA in respect of ECtHR judgments (see
Appendix 1), which is used in the example below.
Example of referencing
The Grand Chamber of the European Court of Human Rights (ECtHR) ruled in the case of Hirst1 in
2005 that the automatic and indiscriminate ban on the right of convicted prisoners to vote
breached Article 3 of Protocol 1 of the European Convention on Human Rights (ECHR) on the right
to free elections. Notably, the Grand Chamber found “no evidence that Parliament had ever sought
to weigh the competing interests or to assess the proportionality of a blanket ban on the right of a
convicted prisoner to vote”.2 In November 2010, the ECtHR issued a pilot judgment in the case of
Greens and MT, which stipulated an obligation of parliamentary involvement by requiring that the
UK Government must, within six months of the judgment becoming final, “bring forward ...
legislative proposals” to render the law Convention-compliant.3 Subsequently, the UK was granted
an extension of this deadline, to take account of the referral of Scoppola v Italy (No 3)4 (a case
similar to Greens) to the Grand Chamber and the UK’s intervention in that case. According to Bates,
the Court has sent “mixed messages” through its inconsistent case law on prisoner voting rights. 5
The Hirst judgment has provoked controversy for purportedly infringing excessively on national
decision-making and for the Court’s dynamic interpretation of the Convention, which has gone too
far in the view of commentators such as Dominic Raab MP.6
1
Hirst v UK (No. 2) App no 74025/01 (ECHR, 6 October 2005).
2
ibid [79].
3
Greens and MT v UK App nos 60041/08 and 60054/08 (ECHR, 23 November 2010), operative para 6(a).
4
Scoppola v Italy (No 3) App no 126/05 (ECHR, 22 May 2012).
5
Ed Bates, ‘Analysing the Prisoner Voting Saga and the British Challenge to Strasbourg’, (2014) 14(3) Human Rights Law
Review 503, 505.
6
Dominic Raab, Strasbourg in the Dock: Prisoner Voting and the Case for Democracy (Civitas 2011).
62

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School of Law

Department of Law and Politics

UK and European Human Rights

Module Leader: Dr Alice Donald, a.donald@mdx.ac.uk

Duration of the module: 24 weeks

Online location of handbook

Other formats available

The European Convention on Human Rights

The Human Rights Act 1998

Follow StickyTrickyLaw for simple explanations of legal terms and concepts!

@stickytrickylaw http://www.facebook.com/stickytrickylaw/ https://stickytrickylaw.wordpress.com

CM Committee of Ministers (of the Council of Europe)

CoE Council of Europe

ECHR European Convention on Human Rights

ECommHR European Commission of Human Rights (abolished 1998)

ECtHR European Court of Human Rights

EHRC Equality and Human Rights Commission (UK)

GC Grand Chamber of the ECtHR

HRA Human Rights Act 1998

JCHR Joint Committee on Human Rights

PACE Parliamentary Assembly of the Council of Europe

UDHR Universal Declaration of Human Rights

1. The module teaching team

2. Teaching and learning sessions

3. Expectations of this module

5. Overview of week-by-week lecture 19

6. Reading and sources of information 22

Week 1: Welcome and Introduction to the module 26

Week 3:The ECHR: overview of content and principles of interpretation 28

Appendix 1: Guide to Citation and Referencing for Law 51

Appendix 2: Glossary of key terms and concepts 53

Appendix 3: Absolute, limited and qualified rights 58

Appendix 4: Proportionality flowchart 59

Appendix 5: Academic writing tips – avoiding common errors

Welcome: Aims of the module

Welcome to the module on UK and European Human Rights Law.

Dr Alice Donald (module leader)

Module narrative (i.e. summary of key information about the module)

 The philosophical foundations of human rights law;

o the protection of human rights in the context of counter-terrorism

Learning, Teaching and Assessment Strategy

1. The module teaching team

1.1 Teaching staff

Module leader: Dr Alice Donald

Email: a.donald@mdx.ac.uk – please contact me by

Drop-in My drop-in student hours will be held on Zoom. I

Zoom details as follows: https://mdx-ac-

Meeting ID: 920 7999 7554

You can also catch me before or after lectures

Seminar tutor: Aphrodite Yiasemi

Aphrodite Yiasemi is a lecturer at Middlesex

Module leader - Dr Alice Donald

Student Learning Assistants

1.2 Communication with the teaching team

2. Teaching and learning sessions

2.1 Lectures and seminars

3. Expectations of this module

3.1 Attendance and engagement

3.2 Professional behaviour

3.3 Academic integrity and misconduct

3.4 Becoming a successful student

Referencing and avoiding plagiarism:

3.5 Extenuating circumstances

3.6 Where to get help