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Lecturer(s)
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Matiaško Maroš, Mgr.
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Bartoň Michal, doc. JUDr. Ph.D.
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Course content
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1. Theoretical models of disability and the legal concept of disability (CJEU, C-335/11 - HK Danmark) 2. The concept of discrimination on the grounds of disability (ECtHR, Enver Şahin v. Turkey; V.I. v. Moldova, §§167-177; Clipea and Grosu v. Moldova, §§85-99) 3. The right to inclusive education (ECtHR, D.L. v. Italy; S v. Czech Republic) 4. Residential and institutional care and interference with personal liberty (ECtHR, H.L. v. United Kingdom; Červenka v. Czech Republic; Sýkora v. Czech Republic) 5. Right to life (ECtHR, Centre for Legal Resources on behalf of Valentina Câmpeanu v. Romania, §§ 104-114 and §§ 134-144; V v. Czech Republic) 6. Right to health and restraint (ECtHR, V.I. v. Moldova, §§ 94-142; Bureš v. Czech Republic) 7. Legal capacity and limitation of legal capacity (ECtHR, Shtukaturov v. Russia; Salontaji-Drobnjak v. Serbia; Alajos Kiss v. Hungary) 8. Right to social services and deinstitutionalization (ECtHR, FIDH v. Belgium; I.C.S. 2637/17; ECtHR, I.C. v. Moldova, §§ 146-157) 9. Rights of informal caregivers (ECtHR, J.D. and A. v. the United Kingdom, §§ 90-107; CRPD Committee, Bellini v. Italy; ECtHR, EDF and Inclusion Europe v. France, paras 296-310)
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Dialogic Lecture (Discussion, Dialog, Brainstorming)
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Learning outcomes
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The course aims at a detailed understanding of the current discourse on the rights of people with disabilities. It is part of a series of elective courses devoted to current developments in the protection of the rights of particularly vulnerable groups of people, in addition to people with disabilities, especially Roma, members of the LGBTI minority and children. Through reading and interpreting, in particular, the case law of the ECtHR, decisions of the European Committee of Social Rights and UN treaty bodies, students will learn about key human rights issues related to the rights of people with disabilities and major decisions in this area. The course is organized as a common reading and critical interpretation of case law and key legal concepts, such as reasonable accommodation, in relation to specific human rights contexts. Emphasis is placed on recent developments in this area and on the interrelationship with the national situation of respect for the rights of a particular particularly vulnerable group. This is reflected in the selection of topics and case law, where the emphasis is placed both on recent decisions of human rights bodies that are relevant to the national application of human rights and on decisions against the Czech Republic.
Students who have completed this course will gain the knowledge and skills necessary to understand the features of law.
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Prerequisites
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There are no pre-requisites for this subject.
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Assessment methods and criteria
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Student performance
Successful completion of the course requires active participation in seminars within the scope set by the seminar leader, presentation of a selected human rights issue and case law or a seminar paper. Successful completion of the course requires active participation in seminars within the scope set by the seminar leader, presentation of a selected human rights issue and case law or a seminar paper.
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Recommended literature
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Bartlett, P., Lewis, L., Thorold, O. (2007). Mental Disability and the European Convention on Human Rights. Martinus Nijhoff: Leiden.
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de Beco, G. (2021). Disability in International Human Rights Law.. Oxford: Oxford University Press.
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Ilias, B., Stein, M., A., Anastasiou, D. (eds). (2018). The UN Convention on the Rights of Persons with Disabilities: A Commentary. Oxford: Oxford University Press.
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Kmec, J., Kosař, D., Kratochvíl, J., Bobek, M. (2012). Evropská úmluva o lidských právech. Komentář. 1. vydání.. Praha : C. H. Beck.
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