Admission requirements
Masters Degree
Description
This course focuses on an advanced understanding of the emerging jurisprudence on economic, social and cultural rights, specifically as they pertain to children. It will review the theoretical and historical foundations of socio-economic rights as human rights, highlight their significance for children and their wellbeing, and identify the relevance of the international legal framework to domestic implementation and the fulfilment of children’s rights. The course will review not only the contents, standards and means of enforcing social, economic and cultural rights, but also explore in particular the positive state obligations in respect to their fulfilment. Since the terrain of economic, social and cultural rights is fairly extensive, the course will hone in on the right to health, the right to have access to social security and an adequate standard of living (poverty alleviation and children’s rights), and the right to education (including early childhood education).
Central themes that form part of the core understanding of this course include the concepts of progressive realisation of rights, minimum core content, the justiciability of social, economic and cultural rights at the international, regional and domestic level, the meaning of “reasonableness” in the context of socio-economic rights implementation, available budgetary resources, retrogressive measures and international cooperation.
The final week of the course will focus on selected cases in the domain of economic social and cultural rights, drawing from jurisprudence of domestic courts and international treaty bodies.
Course objectives
The objectives of the course include:
understanding the theoretical concepts which have emerged in the jurisprudence on economic social and cultural rights
engaging with concepts such as reasonableness, retrogressive measures, available budgetary resources, the 4 ‘A’ scheme relevant to the right to education, and the respective roles of states and families in fulfilling children’s claims to social economic and cultural rights
dissecting jurisprudence fom selected domestic cases and findings of international treaty bodies in order to apply theoretical concepts to practical examples emanating from litigation
learning how social and economic rights claims insersect can with economic considerations and budgets* students will gain an appreciation of the litigation strategies that can be pursued in the context of social and economic rights
Timetable
Lectures: 4 weeks of lectures of 2 hours
Seminars: 4 weeks of seminars of 2 hours and 1 week of 2 seminars (workshop on cases)
Mode of instruction
Lectures: 8 hours
Seminars: 12 hours
Assessment method
Presentations in seminars – 20%
Students will prepare presentations (in pairs) regarding the subject matter of the course. A list of topics to choose from will be provided at the beginning of the course. Afterwards they will lead the class discussion. The results of the presentation and their role in the discussion will result in a group mark that counts for 20% of the final grade.Written assignment (3000 words) – 40%
Students will complete an individual assignment on a topic related to the course work (3000 words). The assignment will be due at the commencement of classes in 2016.Examination – 40%
Students will complete the course by a written exam, that counts for 40% of the final grade (exam materials: all the prescribed compulsory literature and topics discussed during lectures).
Submission procedures:
Students are expected to submit the assignment via e-mail and by hard copy to the co-ordinator.
The final grade for the course is established by determining the weighted average.
The opportunity exists to re-take the exam and assignment. Further information will be communicated through Blackboard.
Blackboard
Literature will be distributed through Blackboard.
Submission of papers via Blackboard using safe assign.
Course materials
A list of all study materials will be published on Blackboard. Unless otherwise indicated, all study materials are available via the online catalogue or as a paper copy in the Leiden Law Library. Where possible, all required and recommended reading materials will be made available through Blackboard.
Contact
Coordinator of the course:
Dia Dabby, LLM
Telephone number and e-mailaddress to be made available
Programme Officer:
Ms. Esther Uiterweerd
Telephone number: 0031-71 527 4644
Email address: