Fundamental Rights
A.Y. 2021/2022
Learning objectives
Since the adoption of the Universal Declaration of Human Rights in 1948, to which the break-in of human rights on the world stage can be traced, these rights have been defined and identified with increasing precision in numerous international treaties, of a universal or regional nature and of a general or specific content.
The course aims to enable students to learn the main legal issues concerning fundamental rights, through the knowledge of the main legal instruments on the subject, but also of the international mechanisms established in order to verify that the rights set out are effectively guaranteed within domestic legal systems.
The teaching activity aims to provide students with:
- ability to identify and define fundamental rights in their essential features;
- knowledge of international and regional Human Rights systems;
- ability to apply the concepts learned in relations to specific case-law and to know how to tailor them in the current situation;
- ability to read and understand the relevant international case law;
- ability to express the concepts with argumentative coherence, systematic method and the use of the appropriate language.
The course aims to enable students to learn the main legal issues concerning fundamental rights, through the knowledge of the main legal instruments on the subject, but also of the international mechanisms established in order to verify that the rights set out are effectively guaranteed within domestic legal systems.
The teaching activity aims to provide students with:
- ability to identify and define fundamental rights in their essential features;
- knowledge of international and regional Human Rights systems;
- ability to apply the concepts learned in relations to specific case-law and to know how to tailor them in the current situation;
- ability to read and understand the relevant international case law;
- ability to express the concepts with argumentative coherence, systematic method and the use of the appropriate language.
Expected learning outcomes
On successful completion of the course, students will have a sound knowledge of international human rights and of the international mechanisms and remedies available in case of violation.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
In the case of distance learning, the lessons will be carried out in the MS Teams channel: Diritti fondamentali (2021-22). Code: 9vj2zys
Course syllabus
PART I: THE INTERNATIONAL SYSTEM OF PROTECTION OF HUMAN RIGHTS
1. Origin and evolution of International Human Rights Law
2. Legal foundations and theories about Human Rights
3. Sources of International Human Rights Law
4. The Subjects of International Human Rights Law
5. The Universal System of Protection of Human Rights
6. Regional Systems: European Regional System (1) - Council of Europe: the European Convention of Human Rights and its Protocols / The European Court of HR -
7) European Regional System (2): Other initiatives of Council of Europe; The European Union (EU): the EU Charter of Fundamental Rights.
8) Other regional systems: the Inter-american system; the African system; the Arab and Asian Regional systems.
PART II - THE FUNDAMENTAL RIGHTS INTERNATIONALLY RECOGNISED
1. Right to life and personal integrity
2. Prohibition of torture and other inhuman and degrading treatment
3. Right to liberty and personal security
4. Essential Judicial Guarantees
5. Civil Liberties
6. Civil and Political Rights
7. Right to Private and Family Life
8. Economic, Social and Cultural Rights
9. Right to Personal Identity. Prohibition of Discrimination
10. New frontiers of human rights. Collective Human Rights: Minority Rights; Rights of Indigenous People; Right to Self-determination; Right to Development; Right to a healthy environment.
1. Origin and evolution of International Human Rights Law
2. Legal foundations and theories about Human Rights
3. Sources of International Human Rights Law
4. The Subjects of International Human Rights Law
5. The Universal System of Protection of Human Rights
6. Regional Systems: European Regional System (1) - Council of Europe: the European Convention of Human Rights and its Protocols / The European Court of HR -
7) European Regional System (2): Other initiatives of Council of Europe; The European Union (EU): the EU Charter of Fundamental Rights.
8) Other regional systems: the Inter-american system; the African system; the Arab and Asian Regional systems.
PART II - THE FUNDAMENTAL RIGHTS INTERNATIONALLY RECOGNISED
1. Right to life and personal integrity
2. Prohibition of torture and other inhuman and degrading treatment
3. Right to liberty and personal security
4. Essential Judicial Guarantees
5. Civil Liberties
6. Civil and Political Rights
7. Right to Private and Family Life
8. Economic, Social and Cultural Rights
9. Right to Personal Identity. Prohibition of Discrimination
10. New frontiers of human rights. Collective Human Rights: Minority Rights; Rights of Indigenous People; Right to Self-determination; Right to Development; Right to a healthy environment.
Prerequisites for admission
The basic knowledge of international law/International Organizations Law is highly desirable.
Teaching methods
The lessons will be according to the classic frontal method (with PPT). It is required an active participation by students.
All the useful materials and news concerning the course will be published on the Ariel website: https://vmainettidf.ariel.ctu.unimi.it/v5/Home/
All the useful materials and news concerning the course will be published on the Ariel website: https://vmainettidf.ariel.ctu.unimi.it/v5/Home/
Teaching Resources
For Students Attending the lessons:
1) Study of the textbook: Pietro PUSTORINO, Lessons on the international protection of human rights, 2nd ed., Cacucci editore, Bari, 2020 (Chapters I-II-III-IV and V, pp.1-226).
2) The reading of Norberto BOBBIO, The age of rights, Einaudi, Turin, 2014.
3) Study of the materials that will be distributed during the course.
- Non-attending students:
1) A textbook chosen between:
- Pietro PUSTORINO, Lessons on international protection of human rights, 2nd ed., Cacucci editore, Bari, 2020 (in full).
OR
- Antonio Marchesi, The international protection of human rights, Giappichelli, Turin, 2021 (in full).
2) The reading of Norberto BOBBIO, The age of rights, Einaudi, Turin, 2014.
3) It is also advisable to accompany the study of the textbook with the consultation of: Marina FRANCHI - Ilaria VIARENGO, International protection of human rights. Cases and materials, Giappichelli, Turin, 2016. First part - Materials; Part Two - Jurisprudence (limited to the rights dealt with in the program).
1) Study of the textbook: Pietro PUSTORINO, Lessons on the international protection of human rights, 2nd ed., Cacucci editore, Bari, 2020 (Chapters I-II-III-IV and V, pp.1-226).
2) The reading of Norberto BOBBIO, The age of rights, Einaudi, Turin, 2014.
3) Study of the materials that will be distributed during the course.
- Non-attending students:
1) A textbook chosen between:
- Pietro PUSTORINO, Lessons on international protection of human rights, 2nd ed., Cacucci editore, Bari, 2020 (in full).
OR
- Antonio Marchesi, The international protection of human rights, Giappichelli, Turin, 2021 (in full).
2) The reading of Norberto BOBBIO, The age of rights, Einaudi, Turin, 2014.
3) It is also advisable to accompany the study of the textbook with the consultation of: Marina FRANCHI - Ilaria VIARENGO, International protection of human rights. Cases and materials, Giappichelli, Turin, 2016. First part - Materials; Part Two - Jurisprudence (limited to the rights dealt with in the program).
Assessment methods and Criteria
The exam takes place as an oral test, in order to ascertain full knowledge of the subject, and the ability to present it in a logic and systematic way, using the technical and legal language.
Professor(s)