Study-Unit Description

Study-Unit Description


CODE PBL5039

 
TITLE Family, Family Life and Children in Human Rights Law

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit will analyse the different rights pertaining to various family structures recognised in human rights law and caselaw. It will focus on the right to family life, right to marriage, succession rights, children's status, status of persons in a relationship and children's rights as a set of individual rights. It will also focus on the protection of family life for persons with disability, for LGBTIQ persons, and for migrant families. The study-unit will also consider family and health related issues in employment and how human rights have effected laws in this respect.

Study-Unit Aims:

To analyse the different rights recognised in human rights treaties that relate to family life or that eminate from family life. The study-unit will analyse caselaw and how national and international courts have recognised different family structures and the extent of the application of individual rights within such caselaw.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

- Analyse the protection of family, family life, children rights in human rights law as protected in different international and national systems;
- Identify relevant caselaw and consider the principles developed by national and internatinal courts and tribunals in interpreting and applying rights related to the family and to children.

2. Skills
By the end of the study-unit the student will be able to:

- Provide a written analysis of the different rights recognised in human rights law and practice as related to the family and to children.

Main Text/s and any supplementary readings:

Main Texts

- Van Dijk, P., 2108, Theory and Practice of the European Convention on Human Rights, Intersentia Publishers.

Supplementary Readings

- Cvejic, O., 2106, The Rights of the Child in a Changing World 25 Years after the UN Convention on the Rights of the Child, Springer Publishers.
- Hune, S., 1985, Drafting an international convention on the protection of the rights of all migrant workers and their families, The International Migration Review, 1985, Vol. 19(3), pp.570.
- Lixinski, L. 2014, Comparative International Human Rights Law: An Analysis of the Right to Private and Family Life across Human Rights Jurisdictions, Nordic Journal of Human Rights, 03 April 2014, Vol. 32(2), p. 99.
- Fomina, L. Yu., 2016, Protection of the right to respect for private and family life in European Court of Human Rights (Report), European Research Studies, 2016, Vol. 19(3 SI B), p 97(14).

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 Yes 100%

 
LECTURER/S Amy Joan Camilleri Zahra
Therese Comodini Cachia
Ruth Farrugia

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit