Course: Social Rights Legal Clinic

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Course title Social Rights Legal Clinic
Course code CPV/NPKSP
Organizational form of instruction Seminar
Level of course Master
Year of study not specified
Semester Winter
Number of ECTS credits 4
Language of instruction Czech
Status of course Compulsory-optional
Form of instruction Face-to-face
Work placements This is not an internship
Recommended optional programme components None
Lecturer(s)
  • Tomoszková Veronika, JUDr. Ph.D.
  • Frýdková Lenka, Ing. Mgr.
Course content
The first class will focus on methods of work of ombudsman as a necessary prerequisite for the placement in the office of ombudsman. In the following five classes, students will address different areas of social rights related to activities of ombudsman (based on current agenda of ombudsman), such as right to private and family life, institutionalized children, equal access to education, selected aspects of social security law (position of student in the system, deductions from rent, s-Cards), social services and social benefits for people with disabilities, equal access to housing, representation of child in court, findings from systematic visits, employment of foreign nationals etc. The students will use the knowledge and skills acquired during their studies in compulsory courses (Administrative Law, Fundamental Rights) and in the theoretical part of this subject during the five-day placement in the office of ombudsman.

Learning activities and teaching methods
Monologic Lecture(Interpretation, Training)
Learning outcomes
The course Social Rights Legal Clinic allows the students to acquire practical experience with application of legal regulation in the area of social rights falling within the scope of operation of ombudsman. The course has significant practical orientation, even the theoretical classes will mainly consists of analyzing real cases. The course also contains a placement on the office of ombudsman, where the students will have a unique opportunity to participate in inquiries of ombudsman in concrete cases. The course promotes complex and multi-disciplinary approach, not only regarding different areas of national law, but also using international law and non-legal documents. This complex approach will develop students' skills of legal argumentation and use of different interpretation methods. At the end of the course, the students will be able to evaluate the competence of ombudsman to solve particular cases, to assess different problems in the area of public law, analyze the relevant legal regulations and identify the institutions responsible for the particular agenda. Students will be able to draft a report of inquiry of ombudsman as a complex document containing factual information and legal argumentation assessing the actions of public authorities based on relevant case-law and suggesting remedies. When working under supervision of lawyer from the office of ombudsman, the students will experience the responsibility for working their own real case. Both theoretical and practical part of the course will not only focus on inquiries regarding the actions of public authorities, but also on specifics of ombudsman's role as a national prevention mechanism and national body for equal treatment and protection from discrimination.
In this subject, the students will improve their skill of practical application of law during the assessment of everyday administrative practice of public authorities within the scope of competence of ombudsman. The students will understand and be able to apply in practice the competences of ombudsman as a national preventive mechanism and national body for equal treatment and protection from discrimination. The students will also develop the ability to recognize the relevant aspects of the legal case at hand (usually submitted by person without legal education) and ability to strategically aim at the outcome of the case.
Prerequisites
The course Social Rights Legal Clinic has no prerequisit courses.

Assessment methods and criteria
Student performance

The requirements to pass the subject are active participation in classes, proper preparation for classes, and successful completion of the placement in the office of ombudsman.
Recommended literature
  • Motejl, Otakar; Černá, Iva; Panovská, Klára; Matyášová, Petra. Rodina a dítě (sborník stanovisek), 2007, dostupné na www.ochrance.cz.
  • Motejl, Otakar; Hrubý, Jiří; Šalomounová, Jitka; Kantořík, Pavel; Pavlíčková, Kateřina. Důchody (sborník stanovisek), 2009, dostupné na www.ochrance.cz..
  • Souhrnné zprávy veřejného ochránce práv 2009 -2012 dostupné na www.ochrance.cz.
  • Sládeček, V. (2011). Zákon o Veřejném ochránci práv : komentář. 2. vyd.. C. H. Beck, Praha.
  • Šabatová, A. Ombundsman a lidská práva. 1.vyd. Praha: Linde a. s., 2008. 200 s. ISBN: 978-80-7239-229-2..


Study plans that include the course
Faculty Study plan (Version) Branch of study Category Recommended year of study Recommended semester
Faculty of Law Law (2010) Law, legal and public administration proceeding 5 Winter
Faculty of Law Law (2010) Law, legal and public administration proceeding 3 Winter
Faculty of Law Law (2010) Law, legal and public administration proceeding 4 Winter