Constitutional Protection of Fundamental Rights [2619]

General Information

• Credits: 6 ECTS
• Prerequisites: Bachelor's or Licence level (or equivalent); proficiency in French
• Learning format: asynchronous distance learning – 100% e-learning
• Language of instruction: French
• Course access: available at any time of year
• Disability liaison officer: Cécile Boucherle 

Course Overview

This course examines the constitutional protection of fundamental rights from both French and comparative perspectives. After defining human rights and fundamental rights and presenting their main classifications, it analyses how they are enshrined in constitutions and the mechanisms designed to ensure their effective implementation. In particular, the course explores substantive and judicial safeguards, as well as the role of constitutional justice in protecting these rights. It then presents the different categories of rights: civil liberties, workers’ rights, entitlement rights and guarantee rights, before devoting a final section to the principle of equality and the fight against discrimination. The comparative approach highlights differences in the recognition, scope and protection of these rights across constitutional systems.

Course Objectives

This course enables you to:

• Understand the notion of fundamental rights and freedoms and be familiar with their main classifications.
• Analyse how fundamental rights are enshrined and recognised in the French constitution and in foreign constitutions.
• Identify the substantive guarantees and the judicial mechanisms that ensure the effective protection of fundamental rights.
• Distinguish the main categories of fundamental rights — liberty rights, entitlement rights and procedural guarantee rights — and understand their different regimes of protection.
• Understand the constitutional scope of the principle of equality and the issues arising from differences in treatment and from discrimination.

Course Competencies

This course is linked to the following competency:

• Compare the universal, regional and constitutional regimes for the protection of fundamental rights

Course Outline

Section 1 - The Incorporation of Fundamental Rights into Constitutions

Section 2 - Safeguards for Fundamental Rights

Section 3 - Civil Liberties: Personal Rights - Human Rights

Section 4 - Civil Liberties: Workers’ Rights - Workers’ Rights

Section 5 - Entitlement Rights

Section 6 - Guarantee Rights

Section 7 - The Right to Equality

Assessment Methods 

Course assessment is based on:

• tracking and completion of the course and of all learning activities. These activities, designed as essential practice and learning exercises, may be completed multiple times and are not factored into the final grade,
• the final assessment quiz, which constitutes the graded evaluation.

Learning Format

The course is taught entirely online via the MyDomuni platform, accessible 24/7.
Learning resources include:

• written course materials;
• supplementary documents and, depending on the content, video resources;
• interactive learning activities (quizzes, exercises);
• a discussion forum with the course instructor and fellow participants.

Prerequisites

This course is open to anyone holding a Bachelor's degree or Licence (or an equivalent qualification) in law, the humanities, social sciences, theology, or a related field connected to human rights, or with significant personal or academic experience related to the topics covered.

A good command of written French is recommended to facilitate understanding of the content and participation in the activities offered.

Accessibility

The course is accessible at any time, from any internet-connected device, via the MyDomuni platform.
For students with disabilities, specific support can be arranged upon request to ensure equitable access to course content and activities.

Disability liaison officer: cecile.boucherle@domuni.eu.

Selective Bibliography

• Xavier Bioy, Droits fondamentaux et libertés publiques, LGDJ-Lextenso, 2024.
• Louis Favoreu, Patrick Gaïa, Annabelle Pena, André Roux, Guy Scoffoni et al., Droit des libertés fondamentales, 8e éd., Dalloz, 2021.
• Stéphanie Hennette-Vauchez et Diane Roman, Droits de l’Homme et libertés fondamentales, Dalloz, coll. « Hypercours », 2022.
• Henri Oberdorff, Droits de l’homme et libertés fondamentales, LGDJ-Lextenso, 2023.
• Rémy Cabrillac (dir.), Libertés et droits fondamentaux. 40 thèmes pour maîtriser l’actualité et la culture juridique, 30e éd., Dalloz, 2024.