Human Rights Law

Module description

This module covers only the Semester 1 part of a full year module 

Introduction

The aim of this course is to provide students with a greater understanding of the law relating to human rights, with particular reference to the European Convention on Human Rights ("EConvHR") and the Human Rights Act 1998 ("HRA"), which permits UK courts to enforce the EConvHR.

The first part of the course considers what rights are human rights, the categorisation of human rights as "civil and political" or "economic and social", and different approaches to providing legal protection of human rights: international treaties (United Nations and regional), and national constitutional or other bills of rights (in the United States, South Africa, Canada, New Zealand and the UK).

The second part of the course examines in detail the judicial interpretation of specific human rights: what situations come within the scope of the right, and in what situations state 2 interference with the right can be justified. The topics considered vary from year to year but in the past, have included the right to life; freedom from torture; rights in relation to criminal procedure; freedom of expression, assembly and association; freedom of religion; the right to privacy in relation to sexual activity, marriage and abortion; freedom from discrimination; and rights in emergency situations. The focus for each topic is the protection of the right by the text of the EConvHR and the case law of the European Court of Human Rights, but we also read selected decisions of the UK, US and Canadian Supreme Courts.

Assessment details

Coursework 100%

Teaching pattern

Seminar (1 x 2 hour per week)

Suggested reading list

There is no set textbook for this course. The reading for each seminar will be e-mailed to you in advance. The following books are for general background reading. Any cases cited from these books should be cited in addition to, and not in lieu of, cases studied in the seminars:

Amos, Merris, Human Rights Law, 3rd ed. (Hart Publishing, 2021)

van Dijk, Pieter, et al., Theory and Practice of the European Convention on Human Rights, 5th ed. (Intersentia, 2018)

Fenwick, Helen, Fenwick on Civil Liberties and Human Rights, 5th ed. (Routledge-

Cavendish, 2016)Harris, Warbrick & O'Boyle, Law of the European Convention on Human Rights, 2d ed. (Oxford University Press, 2009)

Gerards, Janneke, General Principles of the European Convention on Human Rights, 2d ed (Cambridge University Press, 2023)

Harris, O'Boyle & Warbrick, Law of the European Convention on Human Rights,

4^th ed. (Oxford University Press, 2018)

Klug, Francesca, Values for a Godless Age: The Story of the United Kingdom’s New

Bill of Rights (Penguin, 2000)

Mowbray, Alastair, Cases, Materials and Commentary on the European Convention

on Human Rights, 3d ed. (Oxford University Press, 2012)

Rainey, McCormick & Ovey, Jacobs, White & Ovey: The European Convention on

Human Rights, 8th ed. (Oxford University Press, 2020)

Wadham, Mountfield et al., Blackstone's Guide to the

Human Rights Act 1998, 8th ed. (Oxford University Press, 2024)

Module description disclaimer

King’s College London reviews the modules offered on a regular basis to provide up-to-date, innovative and relevant programmes of study. Therefore, modules offered may change. We suggest you keep an eye on the course finder on our website for updates.

Please note that modules with a practical component will be capped due to educational requirements, which may mean that we cannot guarantee a place to all students who elect to study this module.

Please note that the module descriptions above are related to the current academic year and are subject to change.