emberi jogok-- jogaszoknak tovabbkepzes Human Rights Law and Practice Programme in England

[Katalin Fabian]

-- 
Katalin Fábián
Lafayette College
Department of Government and Law
Kirby Hall 103
Easton, PA 18042-1780

Tel: (610) 330-5392
Fax: (610) 330-5397




HUMAN RIGHTS LAW AND PRACTICE PROGRAMME

 with particular reference to
 The European Convention on Human Rights


This programme has been established by the Institute to provide lawyers and
judges, primarily from countries in Central and Eastern Europe, with
academic training and practical experience in the field of human rights law.
It integrates the international and constitutional approaches to securing
human rights and is designed to help the participants to make a useful
contribution to the resolution of existing and future human rights problems
in their own countries. This is the eleventh such programme to be organised
by the Institute in collaboration with the Council of Europe. Additional
funding for participants is provided by the United Nations. The programme
will be held from 28 September to 25 November 2001.

Structure

The programme is divided into two stages, academic and practical. These two
stages are concerned with the protection of human rights at both the
national and international level so as to provide a relatively complete
picture of the possible problems, strategies and solutions. The academic and
practical stages last for six and two weeks respectively. The former will be
held at the University of Birmingham and the second at various law firms and
institutions in England, Ireland and Scotland.

The academic stage will be based on daily seminars (for which the
participants will be expected to have done some preparatory reading)
covering eight broad areas relating to the legal protection of human
rights -

General Issues: the development of human rights as legal rights; the
universality of human rights; approaches to the interpretation of rights;
individual rights and collective rights; balancing rights, duties and the
general interest; the relationship between international and national law;
responsibility for human rights violations and redress for their victims

The Protection of Human Rights within National Law: constitutional
guarantees of human rights; implementing human rights through ordinary law;
judicial remedies for human rights violations; test cases and amicus curiae
briefs; securing judicial independence; human rights commissions and other
governmental agencies; the role of non-governmental organisations

The International Protection of Human Rights: the foundations of
international concern for human rights; the process of international
standard-setting; the role of customary international law; the scope of
human rights treaty law; the admissibility of reservations to human rights
treaties; the framework of global and regional mechanisms; the operation of
individual petition systems; inter-state cases; reporting obligations;
on-site investigations and other forms of fact-finding; the role of
non-governmental organisations; using international standards and
implementing international judgments in national fora


Freedom of Expression: regulation of, and access to the media; criminal
libel and comment on public figures; sedition and incitement to racial
hatred; protecting privacy; preventing prejudice to the trial process;
obscenity and the protection of public morality; expression by public
employees; access to official information

Freedom of Assembly and Association: access to venues for protest; the
criteria for regulation; powers to ban and disperse; protecting the
unpopular protester; political activities and restrictions on employment;
prohibited organisations; freedom not to associate

Liberty and Security of the Person: powers of arrest,detention and search;
the investigative process; access to legal advice during detention; the
prohibition of torture, inhuman and degrading treatment; time-limits on
detention; the admissibility of evidence; bail, habeas corpus and judicial
control of detention; remedies for wrongful detention.

Minority rights: the relationship with self-determination; defining and
recognising minorities; the rights of individuals belonging to minorities
and the principle of non-discrimination; protection of minority languages;
the collective rights of minorities; problems of implementation.

Human Rights in Emergencies: defining an emergency; rights which are
non-derogable; the admissibility and scrutiny of derogations; the
requirements of international humanitarian law.

The primary focus of the topics to be covered in these seminars will be on
the obligations created by the European Convention on Human Rights, their
elaboration through the Strasbourg case law and the ways in which national
courts and legislatures have sought to give effect to them. Some comparison
will, however, also be made with other relevant national and international
norms and case law. The participants will also be expected to prepare some
written work relating to the material considered in these seminars. All
participants will be provided with their own copies of a number of books
relating to the European Convention on Human Rights and the national
protection of human rights, as well as relevant treaties, international
standards and other documentation. They will also have the use of the
extensive library of the University of Birmingham.

In addition to the daily seminars there will be occasional lectures and
seminars dealing with such matters as the independence of the role of
non-governmental organisations, anti-discrimination legislation, asylum,
data protection and economic and social rights. Every effort will be made to
provide lectures or seminars on topics of special concern to participants
where these are not covered by the formal programme.


The practical stage will normally comprise a placement of two weeks with
either a practising lawyer whose casework is in the field of domestic
protection of human rights or a placement for two weeks with an official
agency or non-governmental organisation that is concerned with the
protection of human rights at either the national or international level.
The former placements will be offered by firms of solicitors and sets of
barristers' chambers, mostly in the West Midlands region. The latter
placements will be provided by either non-governmental organisations (such
as the AIRE Centre, Article 19, Interights, Liberty and the Scottish Human
Rights Centre) or official bodies (such as the Commission for Racial
Equality, the Equality Commission, the Lord Chancellor's Department and the
Prison Inspectorate). While every effort will be made to arrange placements
that correspond to the particular subject interests of participants, their
principal objective will be to afford an insight into practical aspects of
implementing human rights.  As an alternative to the placements it may be
possible to carry out research on a project relevant to the participant's
work.

Finance, travel and accommodation

The Institute will meet the expenses of successful applicants in travelling
to and from Birmingham and of their accommodation during their stay. It will
also provide them with a grant sufficient to meet their living expenses
throughout the programme. The Institute expects to be able to sponsor
twenty-five participants for this programme but will also consider
applications from persons with independent funding. Participants will be
housed during the academic stage of the programme (which will be held in
Birmingham) either in self-catering apartments or with local families where
they will have their own room; all accommodation will be within a reasonable
distance of the university. Accommodation during placements (which will be
held in different parts of the country) will either be in hotels or with
families.  Some participants may require a visa to enter the United Kingdom
and they will be responsible for obtaining one in good time. All
participants will be responsible for their own travel and medical insurance.

Birmingham and its university

The city developed during the Industrial Revolution as a manufacturing
centre and lies in the middle of England. Industry and commerce remain
important activities and through them Birmingham has grown to become the
country's second city, enjoying a vibrant cultural life. The university was
founded in 1900 and is based on a campus just outside the city centre. Its
School of Law is one of the largest in the country and has a longstanding
commitment to teaching and research in the field of human rights. The
Institute of European Law was established to provide a centre for research
on European law and to promote greater understanding of it.

Applications

There is no special application form for the programme but persons
interested in taking part should send a letter explaining why they wish to
do so and how they expect it to help them in their work over the next few
years. They should also supply a curriculum vitae and ask at least two
persons acquainted with their work and studies to send references in support
of their application. Successful applicants will also be required to provide
evidence of their proficiency in English; this will generally be satisfied
by a test band score of 6 from the English Language Testing Service or its
equivalent and advice on this can be obtained from the British Council.
Applications and references should all be submitted by 6 April 2001 to the
director of the programme, Jeremy McBride, Institute of European Law,
University of Birmingham, Edgbaston, Birmingham B15 2TT, England; fax (44)
121 414 3585, tel. (44) 121 414 6330, email J.McBride at bham.ac.uk. It is
expected that successful applicants will be notified by 10 June 2001 and
applicants must provide a fax or telephone number at which the applicant can
be contacted (preferably both home and office numbers).