International Human Rights Law
A.Y. 2020/2021
Learning objectives
This course seeks to provide students with a sound knowledge of internationally recognised human rights, with a particular emphasis on the international mechanisms monitoring and ensuring their protection. The aim is to give future graduates the necessary conceptual and, as far as possible, practical tools to contribute to the promotion and protection of human rights in their future careers (e.g. in NGOs or think tanks involved in human rights reporting and/or advocacy).
Expected learning outcomes
At the end of this course, students will have a deep and broad knowledge of international human rights law. They will be able to consider past and current events in the light of this legal framework and, most importantly, put their knowledge into practice in their future careers.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
Teaching methods
Should the emergency situation persist, all lectures will take place on the Microsoft Teams application on the basis of the official timetable (powerpoint presentations made available after each lecture at https://ariel.unimi.it/).
Several in-class activities will be organized with a view to encouraging - as much as possible - all students' active participation. In particular, students will be asked to work in groups on selected documents/judgments/issues by meeting in separate channels (previously created in the course's Team), to give individual presentations on selected cases, etc.
Furthermore, where available, guest speakers will be invited to deliver their lectures on the Microsoft Teams platform or to record their lecture in advance.
Course syllabus and teaching resources
The contents and reference material will not be changed.
Assessment methods and criteria
Should the emergency situation persist and depending on the University's regulations at the time, the final oral exam will take place on the Microsoft Teams application.
Where allowed by the University's regulations, students will also have the chance to take a written intermediate exam (as described in the Section 'Syllabus'), which will likely take place on the Microsoft Teams application as well. Due to the rapidly changing nature of the emergency, further information on this point will be provided in due course at https://ariel.unimi.it/.
Should the emergency situation persist, all lectures will take place on the Microsoft Teams application on the basis of the official timetable (powerpoint presentations made available after each lecture at https://ariel.unimi.it/).
Several in-class activities will be organized with a view to encouraging - as much as possible - all students' active participation. In particular, students will be asked to work in groups on selected documents/judgments/issues by meeting in separate channels (previously created in the course's Team), to give individual presentations on selected cases, etc.
Furthermore, where available, guest speakers will be invited to deliver their lectures on the Microsoft Teams platform or to record their lecture in advance.
Course syllabus and teaching resources
The contents and reference material will not be changed.
Assessment methods and criteria
Should the emergency situation persist and depending on the University's regulations at the time, the final oral exam will take place on the Microsoft Teams application.
Where allowed by the University's regulations, students will also have the chance to take a written intermediate exam (as described in the Section 'Syllabus'), which will likely take place on the Microsoft Teams application as well. Due to the rapidly changing nature of the emergency, further information on this point will be provided in due course at https://ariel.unimi.it/.
Course syllabus
STUDENTS ATTENDING THE LECTURES:
1. International human rights law and the notion of human rights. - International human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; the UN human rights treaty system.
2. Regional human rights treaty systems: the European human rights system; the inter-American human rights system; the African human rights system. - Group rights.
3. The protection of specific rights (e.g. the right to life; the prohibition of torture; etc.) and selected issues (e.g. human rights and counter-terrorism; business and human rights; human rights and the environment) as discussed in class.
STUDENTS NOT ATTENDING THE LECTURES:
1. International human rights law and the notion of human rights. - International human rights law: the normative framework. - International human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; the UN human rights treaty system.
2. Regional human rights treaty systems: the European human rights system; the inter-American human rights system; the African human rights system; other regional systems? - Individual complaints procedure. - Civil and political rights. - Economic, social and cultural rights. - Group rights.
3. The human rights of women. - Children's rights. -Selected judgments (see the list of 10 judgments made available on the Ariel webpage of the course in due time: https://ariel.unimi.it/). - Human rights and counter-terrorism. - Human rights obligations of non-state actors.
1. International human rights law and the notion of human rights. - International human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; the UN human rights treaty system.
2. Regional human rights treaty systems: the European human rights system; the inter-American human rights system; the African human rights system. - Group rights.
3. The protection of specific rights (e.g. the right to life; the prohibition of torture; etc.) and selected issues (e.g. human rights and counter-terrorism; business and human rights; human rights and the environment) as discussed in class.
STUDENTS NOT ATTENDING THE LECTURES:
1. International human rights law and the notion of human rights. - International human rights law: the normative framework. - International human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; the UN human rights treaty system.
2. Regional human rights treaty systems: the European human rights system; the inter-American human rights system; the African human rights system; other regional systems? - Individual complaints procedure. - Civil and political rights. - Economic, social and cultural rights. - Group rights.
3. The human rights of women. - Children's rights. -Selected judgments (see the list of 10 judgments made available on the Ariel webpage of the course in due time: https://ariel.unimi.it/). - Human rights and counter-terrorism. - Human rights obligations of non-state actors.
Prerequisites for admission
Previous knowledge of international law. Students with no previous knowledge are encouraged to read a textbook of international law before the beginning of this course.
Teaching methods
Lectures (powerpoint presentations made available after each lecture at https://ariel.unimi.it/). In-class discussion of relevant case law and selected issues. Active participation of students attending the lectures (e.g. research activities, in-class presentations and team activities).
Teaching Resources
STUDENTS ATTENDING THE LECTURES:
Notes taken in class, as well as the following book: I. Bantekas and L. Oette, International Human Rights: Law and Practice, Cambridge University Press, 2020, Chapters 1, 4-12, 18.
Students will also be expected to study and be able to discuss each of the 10 judgments included in the list provided on the Ariel webpage of the course in due time (https://ariel.unimi.it/). Only students participating in the in-class team activity (see "Assessment methods and criteria") will be exempted from studying these judgments.
STUDENTS NOT ATTENDING THE LECTURES:
The following book: I. Bantekas and L. Oette, International Human Rights: Law and Practice, Cambridge University Press, 2020, Chapters 1-2, 4-12, 14, 18-19.
Students will also be expected to study and be able to discuss each of the 10 judgments included in the list provided on the Ariel webpage of the course in due time (https://ariel.unimi.it/).
Notes taken in class, as well as the following book: I. Bantekas and L. Oette, International Human Rights: Law and Practice, Cambridge University Press, 2020, Chapters 1, 4-12, 18.
Students will also be expected to study and be able to discuss each of the 10 judgments included in the list provided on the Ariel webpage of the course in due time (https://ariel.unimi.it/). Only students participating in the in-class team activity (see "Assessment methods and criteria") will be exempted from studying these judgments.
STUDENTS NOT ATTENDING THE LECTURES:
The following book: I. Bantekas and L. Oette, International Human Rights: Law and Practice, Cambridge University Press, 2020, Chapters 1-2, 4-12, 14, 18-19.
Students will also be expected to study and be able to discuss each of the 10 judgments included in the list provided on the Ariel webpage of the course in due time (https://ariel.unimi.it/).
Assessment methods and Criteria
STUDENTS ATTENDING THE LECTURES:
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your-…). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
- An intermediate written exam on the first part of the programme (see Programme, point 1) will be available to students attending the lectures: it will consist of 6 questions requiring comprehensive, yet short answer (5-10 lines); each answer will be awarded with up to 5.5 points; the grade for the intermediate exam will consist of the sum of all points obtained for each answer and will account for one third of the final grade. Please note: students are encouraged (but are not obliged) to take this intermediate exam; those who decide not to take it will have to take the final oral exam on the whole programme.
- Students will also have the chance (and are encouraged) to participate actively through the following in-class activities:
a) Individual research on and presentation of selected case law:
Students will be asked to analyse a specific judgment or human rights document on a voluntary basis. Each volunteer will study the judgment or document in question and then give an oral presentation in class.
This presentation may be awarded with the addition of up to 0,5 point to the final grade obtained for the course.
b) In-class team activity (at the beginning of the course, one lecture will be devoted to the organisation of this activity):
In the last part of the course (see Programme at point 3), 3 to 5 days will be devoted to simplified moot court exercises. Students will be asked to form up to 8 teams (each consisting of 3 to 6 students). Each team will choose a specific right or freedom to focus on (e.g. the right to life) and will be provided with a fictional case (a fictional statement of facts inspired by actual case law of a human rights monitoring body, e.g. the European Court of Human Rights). Within each team, three separate sub-groups will be created: (i) sub-group 1 ('the applicant') will draft and share in advance with both the teacher and the rest of the team a written statement on behalf of the individual applicant; (ii) sub-group 2 ('the respondent State') will receive and consider sub-group 1's written statement and, thereafter, draft and share in advance with both the teacher and the rest of the team a written statement on behalf of the respondent State; (iii) sub-group 3 ('the Court') will receive the two abovementioned written statement and, after studying the case, draft a judgment to be shared in advance with the teacher. Each team will then present its case before the rest of the class: both the applicant and the respondent State will have the chance to make their arguments; the Court will then deliver its judgment.
All written statements and presentation will be assessed and, at the end of the course, students involved in the best ones will be awarded with the addition of up to 1,5 points to the final grade obtained for the course.
Please note: each student participating in this team activity will be exempted from studying the 10 judgments included in the list provided on the Ariel webpage of the course in due time.
STUDENTS NOT ATTENDING THE LECTURES:
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your-…). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your-…). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
- An intermediate written exam on the first part of the programme (see Programme, point 1) will be available to students attending the lectures: it will consist of 6 questions requiring comprehensive, yet short answer (5-10 lines); each answer will be awarded with up to 5.5 points; the grade for the intermediate exam will consist of the sum of all points obtained for each answer and will account for one third of the final grade. Please note: students are encouraged (but are not obliged) to take this intermediate exam; those who decide not to take it will have to take the final oral exam on the whole programme.
- Students will also have the chance (and are encouraged) to participate actively through the following in-class activities:
a) Individual research on and presentation of selected case law:
Students will be asked to analyse a specific judgment or human rights document on a voluntary basis. Each volunteer will study the judgment or document in question and then give an oral presentation in class.
This presentation may be awarded with the addition of up to 0,5 point to the final grade obtained for the course.
b) In-class team activity (at the beginning of the course, one lecture will be devoted to the organisation of this activity):
In the last part of the course (see Programme at point 3), 3 to 5 days will be devoted to simplified moot court exercises. Students will be asked to form up to 8 teams (each consisting of 3 to 6 students). Each team will choose a specific right or freedom to focus on (e.g. the right to life) and will be provided with a fictional case (a fictional statement of facts inspired by actual case law of a human rights monitoring body, e.g. the European Court of Human Rights). Within each team, three separate sub-groups will be created: (i) sub-group 1 ('the applicant') will draft and share in advance with both the teacher and the rest of the team a written statement on behalf of the individual applicant; (ii) sub-group 2 ('the respondent State') will receive and consider sub-group 1's written statement and, thereafter, draft and share in advance with both the teacher and the rest of the team a written statement on behalf of the respondent State; (iii) sub-group 3 ('the Court') will receive the two abovementioned written statement and, after studying the case, draft a judgment to be shared in advance with the teacher. Each team will then present its case before the rest of the class: both the applicant and the respondent State will have the chance to make their arguments; the Court will then deliver its judgment.
All written statements and presentation will be assessed and, at the end of the course, students involved in the best ones will be awarded with the addition of up to 1,5 points to the final grade obtained for the course.
Please note: each student participating in this team activity will be exempted from studying the 10 judgments included in the list provided on the Ariel webpage of the course in due time.
STUDENTS NOT ATTENDING THE LECTURES:
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your-…). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
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Professor(s)
Reception:
Please send an email to arrange a meeting.