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
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
Plan of the Course
Title and Contents
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
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
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.
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.
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
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
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.
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.
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
law sources of application and defence of human
bodies for defence of human rights. Legal procedure of human rights
defence by international bodies.
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
the completion of the course, students’ knowledge will be tested in
written form. Each answer sheet will contain 5 questions per 1
Plans of lectures and seminars are given in “Methodological
Book on Human Rights: Civil Law Aspects”.
of Human Rights;
- International Convenant on Civil and Political
- International Convenant on Economic, Social and Cultural
- Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;
on the Rights
Materials available in the
R. Freedom’s Law. Oxford University Press, 1996
H. Civil Liberties. London, 1998
B. Life Before Birth. The moral and Legal Status of Embryos and Fetuses.
New York, Oxford,1992
D. The Human Body and the Law. Edinburgh, 1990
B.G. The Right to Life in International Law, 1985
Van Dijk, G.J.H. van Hoof. Theory and Practice of European Convention on
Human Rights, 1990
D., Wickett A. The Right to Die. Understanding Euthanasia,