The course in "Comparative Human Rights Protection" aims to provide students the legal instruments needed to analyse fundamental rights protection in different national experiences, through the comparative method. The approach adopted overcomes traditional dichotomies between private and public law, as well as among law, politics, history and sociology. The course is focused in particular on the influencing effects produced by multiculturalism -both at national and sub-regional level - on rules as well as on legal institutions.
Expected learning outcomes
Knowledge and understanding. The course is expected to provide students basic notions on protection of rights, focusing in particular on European and Latin American experiences, both in a synchronic and diachronic perspective. Fundamental rights are considered also though a supranational approach/in the supranational dimension in order to facilitate their understanding in a wider perspective and in the context of regional integration dynamics.
Applying knowledge and understanding: Students will acquire cultural, methodological and specific competences (direct teaching) and they will strengthen communication skills (flipped classrooms) in order to develop a deep understanding of fundamental rights and liberties, as well as of specific rights (privacy, family law, consumer protection etc.) in the supranational dimension. Furthermore, specific knowledge acquired through theoretical lessons, as well as through the analysis of case-studies, will be oriented to develop students' ability to provide a critical analysis and an autonomous evaluation of complex phenomena.
Lesson period: Third trimester
(In case of multiple editions, please check the period, as it may vary)
I The protection of fundamental rights in Europe A) Comparative law and legal model dynamics: a comparison among the Italian, German and French cases B) Protection of fundamental rights in European comparative law: language, family, labor, and property rights, immigration and inheritance law C) Consumer law and international trade: food law, electronic trade, data protection
II Protection of fundamental rights in Latin America A) The democratization of the Latin-American Countries and the development of national tools for fundamental right's protection B) The main fields of human's rights protection in Latin American constitutionalism C) Protection of fundamental rights in the supra-regional (Pact of San José) and sub-regional context (MERCOSUR, Andean Pact, USAN) D) Indigenous Rights and Intercultural Society.
The constitutional evolution of fundamental rights: rights and freedoms in the context of liberal revolutions and of the liberal State consolidation process. Fundamental rights in post liberal-democratic systems: rights and freedoms in the interwar constitutions and in the constitutions adopted in the aftermath of WWII, and their following development. The international protection of human rights (ECHR, OSCE, EU). Final remarks on different "constitutional seasons" and on contemporary "constitutional regressions".
Prerequisites for admission
Preliminary knowledge of private law and public law are required.
The course is developed through traditional lectures with some innovative teaching tools, such as flipped classrooms, in order to promote a better learning of the topics covered, and above all the development of critical and argumentative skills by the student.
The course aims to meet the active learning needs of students who are invited to intervene on the teacher's exposition, in order to stimulate their communicative-relational skills beyond those of reasoning and critical analysis.
The course is enriched by a bibliographic and / or jurisprudential support for attending students, which is provided regularly by the teacher through the Ariel Unimi platform.
Where it is possible, the course may also be enriched by lessons given by foreign professors, guests and / or visitors of the University of Milan, within an interdisciplinary and international perspective of knowledge.
G.A. Benacchio, Temi e istituti del diritto privato dell'Unione Europea, Torino, Giappichelli (capitoli IV, V, IX, VII, XII, X, XI, XII, XIII, XVI, XVII); G.F. Ferrari, Le libertà. Profili comparatistici, Torino, Giappichelli, 2011 (pagg. 49-58, 69-104, 143-359); S. Lanni S, Il diritto nell'America Latina, Napoli, ESI (capitoli II, IV, V, VI, VII, VIII). For the exclusive use of attending students, additional or alternative material will be available on the UniMi Ariel platform.
Assessment methods and Criteria
The way to check student's learning consist of an oral test, that takes place during the official dates, as published at the beginning of the academic year, in line with the calendar set out by the Faculty of Political and Social Sciences. Only for attending students, there are also two written intermediate texts, each consisting of 2 open-ended questions.
The final examination is based on 2 questions for students who have passed 2 intermediate tests; it is instead set to at least 3 questions for non-attending students or for those who have not passed the intermediate tests. In both cases, the answers are evaluated with individual scores from 0 to 10 for each question according to an increasing merit value.
According to an evaluation scale from 0 to 30 (in view of language skills, display precision and the breadth of knowledge), the purpose of the oral test is to determine how the student is able to highlight the dimension of the comparative legal phenomena, demonstrating that he/she has studied and understood the reference institutes of the program, as it was given during the course and, moreover, contained in the recommended texts for the preparation of the final exam and in the material provided in class.