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| Semester | fall semester 2024 |
| Course frequency | Once only |
| Lecturers | Barbara von Rütte (barbara.vonruette@unibas.ch, Assessor) |
| Content | The European Court of Human Rights (ECtHR) has played an important role in shaping the rights of migrants in Europe. The European Convention on Human Rights (ECHR) does not guarantee a specific right to enter or remain in a particular state. Nevertheless, the Court has derived a number of crucial rights for migrants from the Convention guarantees. Namely, the principle of non-refoulement protected by Article 3 ECHR gives refugees the right to access an asylum procedure and not to be returned. Article 8 ECHR can give rise to a right to enter a state or to remain in a state in order to be able to life one’s family and private life. And Article 5 ECHR protects migrants against arbitrary detention. However, with its case law on migration, the Court has attracted criticism from different sides: while some criticize the Court as interfering in political decisions and not respecting state’ sovereignty in migration matters, others maintain that the Court fails to fully recognize the human rights of migrants. The seminar will look at the case law of the ECtHR on migration and critically discuss its role in shaping the rights of migrants in Europe in detail. On the basis of landmark cases as well as theoretical readings, the seminar will look at how the Court shapes the rights of different categories of migrants (refugees, regular and irregular migrants, stateless persons, children of migrants, family members) at different stages of a migration trajectory. The seminar thereby pursues a threefold aim: to get familiar with the functioning of the European Court of Human Rights, to learn about the (human) rights of migrants in a European context, and to actively engage with case law. |
| Learning objectives | Students acquire in-depth knowledge about the rights of migrants under the European Convention on Human Rights and the respective case law of the Court. They can critically reflect on the role of the Court for the protection of migrant rights’ in Europe. They are familiar with the functioning of the Court and the procedure – once an application is being lodged until a judgment is made and has to implemented at the national level – and with the multi-level structure of human rights protection in Europe. The students can read and analyze complex legal texts and judgments, they recognize and critically reflect on arguments presented in legal cases and they can apply theoretical arguments to practical cases. |
| Bibliography | Readings will be announced and made available on ADAM. To familiarize yourself with the themes of the seminar, the following two books are recommended: - Marie-Bénédicte Dembour, When Humans Become Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint, Oxford University Press 2015; - Başak Çalı et al. (eds.), Migration and the European Convention on Human Rights, Oxford University Press 2021. |
| Comments | The number of participants is limited to ensure active and constructive discussions. Participants are selected by date of enrolment. Full participation in the block seminar is required. |
| Weblink | Europainstitut |
| Admission requirements | Prior knowledge in public international law and/or human rights law is recommended. |
| Language of instruction | English |
| Use of digital media | No specific media used |
| Interval | Weekday | Time | Room |
|---|---|---|---|
| Block | See individual dates | ||
| Date | Time | Room |
|---|---|---|
| Friday 27.09.2024 | 14.15-16.00 | Riehenstrasse 154, Seminarraum 00.022 |
| Friday 06.12.2024 | 10.15-17.00 | Riehenstrasse 154, Seminarraum 00.022 |
| Saturday 07.12.2024 | 10.15-17.00 | Riehenstrasse 154, Seminarraum 00.022 |
| Modules |
Modul: Transfer: Europa interdisziplinär (Master's degree program: European History in Global Perspective) Module: Fields: Governance and Politics (Master's degree program: African Studies) Module: Migration, Mobility and Transnationalism (Master's degree program: Changing Societies: Migration – Conflicts – Resources) Specialization Module Global Europe: Work, Migration and Society (Master's Studies: European Global Studies) Specialization Module Global Europe: International Organizations (Master's Studies: European Global Studies) Specialization Module Global Europe: Regional Integration and Global Flows (Master's Studies: European Global Studies) |
| Assessment format | continuous assessment |
| Assessment details | The seminar is a heavy reading course. Participants are expected to read the mandatory readings and cases in preparation of the seminar and participate actively during the block seminar. Students have to make one oral presentation during the block seminar on a topic assigned at the beginning of the course, moderate one session during the block seminar and contribute actively to the discussion. The final assessment is a written essay. Full participation in the block seminar is required. |
| Assessment registration/deregistration | Reg.: course registration; dereg.: not required |
| Repeat examination | no repeat examination |
| Scale | 1-6 0,5 |
| Repeated registration | no repetition |
| Responsible faculty | University of Basel |
| Offered by | Europainstitut |