crc  .  syllabi collection  .  alumni syllabi  .  legal studies  .

   Course Title    Human Rights: Civil Law Aspects
Lecturer    Andriy V. Solovyov
Institution    Lviv Academy of Commerce
Country    Ukraine


Course Objectives

The course is aimed to specify students’ knowledge of Civil Law with emphasis on non-property rights. While mastering Civil Law, students became acquainted generally with different legal relations, mostly referring to property. At the same time, the Constitution of Ukraine puts numerous rights (particularly human rights) under the jurisdiction of Civil Law. Thus, hereafter, civil law remedies are spread upon them. Due to these rights’ specificity, law must be applied to them differently.

 

During the course we shall compare different types of civil law objects, find out specific features of non-property rights, and focus on the human rights, which were previously unknown in Ukraine, from the point of view of civil law and international conventions.

 

Plan of the Course

 

 

Title and Contents

Hours

1

Non-Property Rights. General Review. Definition of non-property rights, their difference from other civil law objects. Essence of non-property rights and their place among other rights. Origin of human rights. Human rights as an object of civil law regulation. National and international standards of human rights.

2

2

Different Types of Non-Property Rights. Classification based on the essence of non-property rights. Classification based on legal sources. Classification based on subjects to these rights. Classification based on rights’ objects. Difference in meaning of different non-property rights in Ukraine and abroad.

2

3

 

 

 

 

 

 

 

 

 

 

 

Fundamental Non-Property Rights.

1.   The Right to Life. Subjects to the right to life. What does “human” mean? Essence of the right to life. When life starts: problem of abortions. Rights of fetuses. Contents of the right to life: subjects’ possibilities. Suicides. The end of life: problems of legal regulation of euthanasia.

2.   The Right to Freedom and Inviolability of Person. Meaning of the right to freedom and inviolability of the person. Understanding freedom. Exemptions from these rights. Civil law guarantees of these rights. Civil rights of the detained.

3.   The Right to Health. What does health mean? Division of the state’s duties and duties of medical institutions in the realization of the right to health. Accessibility of medical treatment. Parents’ responsibility for the right to health of minors.

4.   The Right to a Healthy Environment. What is environment? Actions, violating the right to a healthy environment. Who is responsible for the damage of this right? Civil law responsibility limits. Valuation of ecological damages of the right to a healthy environment. Possibilities for individual protection of the right to a healthy environment.

4

 

 

 

 

 

 

 

 

 

 

 

 

4

“Personal” Non-Property Rights.

1.   Right to Health Confidence. Meaning of health and confident information about health. Health confidence and right of incurable people to be informed about their health. Relatives’ rights to health information of each other. Civil regulation of right to health confidence.

2.   Secrecy of Personal Life and Correspondence. Division between the right to secrecy of one’s personal life and right to information. Objective and subjective criteria of secrecy. Limitation of secrecy. Bodies empowered to collect personal information. Procedure of legally obtaining personal data. 

2

5

Other Non-Property Rights.

Non-property rights in the constitutions of Ukraine and other European countries. Difference and common features in meaning, regulation and defense. Application of non-property rights provided by international conventions to national relations. Contents of other non-property human rights.

2

6

Civil law sources of application and defence of human rights.

Self-realization. Collective realization. Judicial defence. International bodies for defence of human rights. Legal procedure of human rights defence by international bodies.

2

 

Participation and Attendance

            Attendance of the lectures is optional, while seminars (class discussions) are obligatory. Students’ final grade will be lowered by half a mark for each unexcused absence. Seminars will be delivered in socratic-like method. Using material given on lectures and additional literature, students should be prepared to answer cases and lead a discussion.

 

Terminal Control

After the completion of the course, students’ knowledge will be tested in written form. Each answer sheet will contain 5 questions per 1 point each.

 

Grading:

4-5 points - credited

0-4 points - not credited

 

Methodological supplement

Plans of lectures and seminars are given in “Methodological Book on Human Rights: Civil Law Aspects”.

 

Basic Documents

  • Universal Declaration of Human Rights;
  • International Convenant on Civil and Political Rights;
  • International Convenant on Economic, Social and Cultural Rights;
  • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
  • Convention on the Rights of Child.

Materials available in the library

  1. Dworkin R. Freedom’s Law. Oxford University Press, 1996
  2. Fenwick H. Civil Liberties. London, 1998
  3. Steinbock B. Life Before Birth. The moral and Legal Status of Embryos and Fetuses. New York, Oxford,1992
  4. Meyer D. The Human Body and the Law. Edinburgh, 1990
  5. Ramcharan B.G. The Right to Life in International Law, 1985
  6. P. Van Dijk, G.J.H. van Hoof. Theory and Practice of European Convention on Human Rights, 1990
  7. Humphry D., Wickett A. The Right to Die. Understanding Euthanasia, 1990

 



   crc  .  syllabi collection  .  alumni syllabi  .  legal studies  .