Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	201646
ECTS:	4.0
Course coordinators:	izv. prof. dr. sc. Antonija Petričušić
Lecturers:	izv. prof. dr. sc. Dario Čepo - Lectures
Exam dates:	10. 06. 2024. 24. 06. 2024. 08. 07. 2024. 26. 08. 2024. 09. 09. 2024. Exam registration: Studomat

Literature:

Patrick Thornberry i Maria Amor Martin Estebanez; Minority Rights in Europe: A Review of the Work and Standards of the Council of Europe; Strasbourg: Council of Europe Publishing (2004), str. 682 OSCE and Council of Europe; National minority standards - A compilation of OSCE and Council of Europe texts; Strasbourg: Council of Europe Publishing (2007), str. 338 Annelies Verstichel (Editor), Andre Alen, Bruno De Witte, Paul Lemmens; The Framework Convention for the Protection of National Minorities. A Useful Pan-European Instrument?; Strasbourg: Council of Europe Publishing (2008), str. 282

Description:

Cognitive Skills:

After successfully completing the course, students will be able to:

- comprehend the competing claims made in the European diverse societies on behalf of multiculturalism,

- critically assess the relationship between the sociological and politological dimensions of protecting national minorities,

- understand the function and importance of monitoring bodies that are overseeing the implementation of the international law on the protection of national minorities,

- understand the international legal framework for minority protection,

- understand the legal measure for combating ethnic and racial discrimination in Europe,

- understand the importance of legal guarantees for persons belonging to a minority not to be discriminated against,

- enhanced skills to translate applicable rules and standards to the legal work environment.

Practical and Generic Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- define the term national minority, ethnic group, race, cultural diversity, stereotype, prejudice, social distance, inequality, racism, segregation, discrimination, antisemitism, racism, Gypsyism,

- understand the terms politics of recognition and the politics of redistribution,

- understand the collective rights of minorities, such as multiculturalism and communitarianism

- understand the history of minority protection, 

- understand that  the rights of persons belonging to minorities are an integral part of human rights,

- understand protecting and promoting minority rights is essential for peace, security and stability and for promoting tolerance, mutual respect, understanding and cooperation among all persons living on a given territory,

- identify the debates in social and political theory over nationalism, multiculturalism, cosmopolitanism,

- critically assess the right to identity and substantive equality,

- critically assess the principles of dignity, equality and non-discrimination,

- sort out main instruments of minority protection developed within the Organization for Security and Co-operation in Europe and the Council of Europe,

- sort out equal treatment legislation developed within the European Union, understanding there is still no common EU standard for minority rights in the EU,

- explain the role and importance of advisory mechanisms within the Council of Europe for the protection and promotion of minority rights (the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages and the European Commission against Racism and Intolerance),

- explain the right to existence, the right to identity, and the right not to be discriminated against

- explain religious rights, education, cultural rights, political participation, and equality. 

- distinguish the importance soft law and legal binding instruments on minority protection,

- explain the need for equality data collection,

- debate over the relevance and the outcomes of the existing measures for realization of the right to freely express, preserve and develop their cultural or linguistic identity, or the right to the participation of minority groups in decision-making processes,

- debate over the potential for further enhancement of measures that could be taken to align policies and practices to the provisions of the Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages

Application

After successfully completing the course, students will be able to:

- group and describe different philosophical theories that justify minority rights

- interpret the importance of the relationship among education, language and culture for preservation of identities of the European national minorities,

- understand the position of national minorities in democratic societies,

- recognize why special attention should be paid to the protection of the fundamental rights of minorities,

- demonstrate the ability to apply the institutional and legal framework,

- apply the appropriate international legal provisions that guarantee the rights of persons belonging to minorities 

- utilize the relevant literature on  ethnicity and race, on social exclusion, and all relevant legal sources

 

Analysis

After successfully completing the course, students will be able to:

- categorize the basic international law instruments relevant for the protection of national minorities

- demonstrate the understanding of the minority-specific rights  developed at the level of the United Nations, the Council of Europe, and the Organization for Security and Co-operation in Europe

- demonstrate the understanding of equal treatment law in Europe

- demonstrate the understanding of equality data

- demonstrate the understanding of legal issues in connection to fight of discrimination, racism, xenophobia, Gypsism,

- demonstrate the understanding of legal issues in connection to pluralism, non-discrimination, tolerance, solidarity and equality,

- analyse the relevant court cases of the European Court on Human Rights with regard to realization of minority rights,

- analyse the quality of legal protection available to the members of national minorities in the European countries.

Synthesis

After successfully completing the course, students will be able to:

- construe the relative importance of general human rights, on the one hand, and minority specific rights on the other,

- apply to appropriate legal norms on minority protection in Europe

- form the understanding of the relevant standards and the developments in supervisory practices,

- form the understanding of  legally binding and soft law instrument dedicated to minorities,

- form the understanding of logical structure of minority rights protection system at the European continent.

 

Matching Assessments to Learning Outcomes:

Evaluation

After successfully completing the course, students will be able to:

- evaluate the debates within sociological and political theory on ethnicity, race, minorities and minority protection

- examine the efficacy of the minority legal standards in Europe,

- evaluate the benefits of domestic legal framework with regard to protection of national minorities,

- differentiate between similarities and differences between international legal standard and domestic legal norms on minority protection in European countries.

Consultations schedule:

• izv. prof. dr. sc. Antonija Petričušić:

  Tuesday from 12 am to 1pm. 

  Location: Trg Republike Hrvatske 3, room 17
• izv. prof. dr. sc. Dario Čepo:

  Tuesday 11 am - 12 pm

  Location: Trg Republike Hrvatske 3, room 25/II.