Comparative Protection of Human Rights

A.Y. 2020/2021
9
Max ECTS
60
Overall hours
SSD
IUS/02 IUS/21
Language
Italian
Learning objectives
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.
Course syllabus and organization

Single session

Responsible
Lesson period
Third trimester
Should the emergency situation , the course will be held on the Microsoft Teams platform.
Course syllabus
The program is divided into 3 Module:

Module I (Sabrina Lanni)
A) The protection of fundamental rights between Europe and Latin America
B) The protection of people's rights: language, family, property, inheritance law, multicultural law
C) Consumer protection in the cross-border market: new perspectives in comparative law


Module II (Arianna Angeli)
A) The constitutional evolution of fundamental rights: rights and freedoms in the context of liberal revolutions and of the liberal State consolidation process.
B) Fundamental rights in 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).
C) Final remarks on different "constitutional seasons" and on contemporary "constitutional retrogressions".

Module III (Arianna Angeli)
A) State of emergency and protection of fundamental rights: definitions and classifications.
B) The state of emergency in liberal constitutions, in the interwar constitutions and post-war constitutions.
C) Fundamental rights limitation: derogation clauses in international conventions and in contemporary constitutions. The Covid-19 sanitary crisis.
Prerequisites for admission
Preliminary knowledge of private law and public law are useful.
Teaching methods
The course is developed through traditional lectures with some innovative teaching tools, 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 professors 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.
Teaching Resources
MODULE 1 - ATTENDING STUDENTS
G.A. Benacchio - F. Casucci (a cura di), Temi e istituti del diritto privato dell'Unione Europea, Torino, Giappichelli (IV, V, IX, XII, XIII, XVI, XVII). Teaching material will be provided by ARIEL PLATFORM.

MODULE 1 - NON ATTENDING STUDENTS
G.A. Benacchio - F. Casucci (a cura di), Temi e istituti del diritto privato dell'Unione Europea, Torino, Giappichelli (IV, V, VII, IX, XI, XII, XIII, XVI, XVII).

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MODULE 2 - ATTENDING STUDENTS
Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 49-58, 69-104, 153-328. Teaching material will be provided by the lecturer.

MODULE 2 - NON ATTENDING STUDENTS
Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 49-58, 69-131, 153-359.
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MODULE 3 - ATTENDING STUDENTS
Attending students: Teaching material will be provided by the lecturer.

MODULE 3 - NON ATTENDING STUDENTS
Arianna Vedaschi, La guerre comme à la guerre? La disciplina della guerra nel diritto costituzionale comparato, Giappichelli, Torino, 2007, pp. 263-279, 293-339, 444-470; DPCEonline, vol. 43, n. 2, 2020, Sezione monografica II, saggi di Valeria Piergigli (Spagna), Claudia Sartoretti (Francia), Jens Woelk (Germania), Alessandro Torre (UK), Francesco Clementi (USA), Jan Sawicki (Polonia e Ungheria), Arianna Angeli (Repubblica ceca), Carna Pistan (Europa balcanica), in www.dpceonline.it/index.php/dpceonline.
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.

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.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 3
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 60 hours
Professor(s)
Reception:
Wednesday, 12.00-15.00. You are kindly requested to schedule the meeting in advance, writing an email.
Ms Teams (chat: arianna angeli or arianna.angeli@unimi.it)