Law & Human Rights in Central Europe

Catalog description

This course explores the development of the rule of law and human rights issues in post-communist Central Europe. We will also refer to transitional systems outside the post-communist region. Although dealing with Central European region, we will often talk about American situation as well. First, we will face a short introduction into the history of the Central European region and its culture of human rights, and try to delineate this region. Next, we will examine the historical, national and international context of making constitutionalism and the rule of law in Central Europe. We will try to understand what human rights actually mean. We will face the debates that occurred when emerging democracies dealt with the former communist regimes. On several case studies, we will explain several basic attitudes towards the former communist regimes, its apparatchiks, its agents, and collaborators (lustration laws and dealing with the communist crimes). We will compare these approaches with those found elsewhere (South Africa, Latin America). Furthermore, we will examine contemporary human rights debates surrounding abortion, freedom of speech, social rights, the relation between religion and the state, the discrimination against minorities, gay rights, gender discrimination, affirmative action etc. We will also analyze the Western legal transplants in Central Europe and the post-communist application of basic rights. Finally, we will deal with the European Union and the legal dimension of the European Enlargement of 2004.