Comparative Protection of Human Rights

A.Y. 2021/2022
6
Max ECTS
40
Overall hours
SSD
IUS/21
Language
Italian
Learning objectives
The course in "Comparative Human Rights Protection" is intended to promote a deep understanding of fundamental rights and liberties, and of fundamental rights protection. Different constitutional experiences will be considered through the comparative method. The analysis will focus on the constitutional evolution of fundamental rights and liberties, conventionally divided into three "generations", and on recent retrogressions.
Special attention shall be paid to national and supranational judicial remedies, with specific reference to the European context. The analysis of legal texts and of the jurisprudence will be integrated by considerations on the interaction between national and supranational jurisdictions.
Expected learning outcomes
Knowledge and understanding:
The course is expected to provide students specific notions on fundamental rights and liberties - and on fundamental rights protection, both at national and supranational level - in order to develop a critical understanding of the topic.

Applying knowledge and understanding:
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 autonomous evaluation of complex phenomena. Students will gain practical skills in access to information and research activities. Interactive teaching activities will promote the use of institutional websites, scientific journals, and databases.
Course syllabus and organization

Single session

Responsible
Lesson period
First trimester
More specific information on the delivery modes of training activities for academic year 2021/22 will be provided over the coming months, based on the evolution of the public health situation.
Course syllabus
Module I
The constitutional evolution of fundamental rights: rights and freedoms in the context of liberal State. 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). Final remarks on different "constitutional seasons".

Module II
The Protection of Fundamental Rights: institutional guarantees, quasi-judicial bodies (ombudsman), and judicial remedies. Constitutional courts and fundamental rights protection. The multilevel protection of fundamental rights: the European Court of Human Rights.
Prerequisites for admission
Prior to the beginning of the course, we recommend students to carefully review basic notions related to Comparative Public Law, Contemporary History (the international order in the aftermath of WWI, in the interwar period, at the end WWII and after the fall of Communist regimes), International and EU Law.
Teaching methods
The first part of the course includes a series of lectures that allow students to acquire the knowledge of fundamental concepts, which will be assessed in the mid-term exam. The second part of the course includes a series of activities aimed at applying the acquired knowledge, promoting critical thinking, and improving presentation skills, requiring a more active involvement for students. The participation of international and national scholars is also foreseen to explore current issues.
Teaching Resources
Module I
Attending students: Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 49-58, 69-104, 153-328. Teaching material will be also uploaded on Ariel Platform.

Non-attending students:
L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, Torino, 2017, pp. 219-261.
Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 21-38, 49-58, 69-131, 153-296.

Module II
Attending students: Teaching material will be provided by the lecturer.

Non-attending students:
L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, Torino, 2017, pp. 262-282.
Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 297-359.
Assessment methods and Criteria
Attending students
Attending students will be offered the possibility to take an intermediate test on Module I (written examination). Intermediate test will assess acquired knowledge on Module I, students' ability to present an issue and the ability to use an appropriate lexicon. In Module II, students will be more actively involved. Final examination (oral) is intended to test knowledge and new competences acquired.
Attending students who did not take part in the intermediate test and in the oral presentation will be evaluated only through a final oral examination.

Non-attending students
Non-attending students' knowledge, comprehension and critical thinking will be assessed through of an oral examination.
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 40 hours
Professor: Angeli Arianna
Educational website(s)