Health Law and Professional, Ethical and Legal Liabilities
A.Y. 2021/2022
Learning objectives
The course aims to provide students with the basics of trade union law and labor law, professional responsibility in the health sector and the main international instruments for health protection and the role of the main international organizations.
Expected learning outcomes
At the end of the course the students will know:
· the main rights and duties between employers (public and private) and workers both individually and collectively;
· the legal responsibilities that their profession entails;
· the main international instruments for health protection and the role of the main international organizations dealing with health at international and regional level.
· the main rights and duties between employers (public and private) and workers both individually and collectively;
· the legal responsibilities that their profession entails;
· the main international instruments for health protection and the role of the main international organizations dealing with health at international and regional level.
Lesson period: Second semester
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
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.
Prerequisites for admission
No prior knowledge required
Assessment methods and Criteria
The assessment of learning outcomes consists of a written test, taking place during specific exam sessions. The test includes multiple choice questions.
All the modules comprised in the teaching contribute to determining the final mark, expressed on a scale of 30 as the weighted average of the marks obtained in each module.
No intermediate or early exam sessions are planned.
Teaching materials or notes are not allowed for consultation during testing.
The teacher in charge of the teaching provides the final verbalization according to the UNIMI model.
All the modules comprised in the teaching contribute to determining the final mark, expressed on a scale of 30 as the weighted average of the marks obtained in each module.
No intermediate or early exam sessions are planned.
Teaching materials or notes are not allowed for consultation during testing.
The teacher in charge of the teaching provides the final verbalization according to the UNIMI model.
Labour law
Course syllabus
- Introduction to labor law: fundamental principles, sources and subjects;
- Trade union freedom: union organization and action (collective bargaining, trade union rights and strike);
- The establishment of the employment relationship (the contractual types, the methods of establishing the relationship, the form, the ancillary clauses, the defects of the employment contract);
- The performance of the employment relationship: rights and obligations of the employer and the worker;
- The methods of termination of the employment relationship: impossibility of occurrence, resignation and dismissal;
-Worker protection methods: brief notes on waivers, transactions, prescription, forfeiture, conciliation, arbitration and jurisdictional protection.
- Trade union freedom: union organization and action (collective bargaining, trade union rights and strike);
- The establishment of the employment relationship (the contractual types, the methods of establishing the relationship, the form, the ancillary clauses, the defects of the employment contract);
- The performance of the employment relationship: rights and obligations of the employer and the worker;
- The methods of termination of the employment relationship: impossibility of occurrence, resignation and dismissal;
-Worker protection methods: brief notes on waivers, transactions, prescription, forfeiture, conciliation, arbitration and jurisdictional protection.
Teaching methods
The theoretical frontal lessons will be supported by slides.
Teaching Resources
Didactic material provided by the teacher.
International law
Course syllabus
- Basics of international law;
- The main sources of international law relating to health protection;
- The right to health as a human right;
- The role of the UN and WHO for the protection of health (in particular the WHO international health regulations);
- At regional level, the role of the European Union and the jurisprudence of the European Court of Human Rights;
- International trade and the right to health (in particular intellectual property and health protection, food safety).
- The main sources of international law relating to health protection;
- The right to health as a human right;
- The role of the UN and WHO for the protection of health (in particular the WHO international health regulations);
- At regional level, the role of the European Union and the jurisprudence of the European Court of Human Rights;
- International trade and the right to health (in particular intellectual property and health protection, food safety).
Teaching methods
The theoretical frontal lessons will be supported by slides.
Teaching Resources
- P. Acconci, Tutela della salute e diritto internazionale, Cedam, 2011, pp. 61-71, pp. 73-92, pp. 151-75; pp. 238-74; pp. 288-325;
- L. Poli, La risoluzione n. 2177 (2014) del Consiglio di sicurezza delle Nazioni Unite e la qualificazione dell'epidemia di ebola come minaccia alla pace ed alla sicurezza internazionale;
- G. Palmisano, Il diritto alla protezione della salute nella Carta Sociale europea, disponibile su http://www.sidiblog.org/author/giuseppe-palmisano/;
- materiale didattico fornito dal docente
- L. Poli, La risoluzione n. 2177 (2014) del Consiglio di sicurezza delle Nazioni Unite e la qualificazione dell'epidemia di ebola come minaccia alla pace ed alla sicurezza internazionale;
- G. Palmisano, Il diritto alla protezione della salute nella Carta Sociale europea, disponibile su http://www.sidiblog.org/author/giuseppe-palmisano/;
- materiale didattico fornito dal docente
Forensic medicine
Course syllabus
- Informed Consent;
- Concept of "state of necessity" vs crimes of private violence or injury;
- interdiction, incapacitation, support administration;
- Negligence, imprudence, inexperience and compensation for damage;
- Law of 14 December 2017. Rules regarding informed consent and advance treatment provisions;
- Professional secrecy: prosecution, discrimination and heterologous risk;
- The self-injurious risk;
- The link in forensic medicine.
- Forensic Psychopathology;
- Criminology of family violence;
- The theoretical aspects are completed with the presentation of case studies (judgments regarding liability, clinical cases, expert reports).
- Concept of "state of necessity" vs crimes of private violence or injury;
- interdiction, incapacitation, support administration;
- Negligence, imprudence, inexperience and compensation for damage;
- Law of 14 December 2017. Rules regarding informed consent and advance treatment provisions;
- Professional secrecy: prosecution, discrimination and heterologous risk;
- The self-injurious risk;
- The link in forensic medicine.
- Forensic Psychopathology;
- Criminology of family violence;
- The theoretical aspects are completed with the presentation of case studies (judgments regarding liability, clinical cases, expert reports).
Teaching methods
Teaching consists of face-to-face lessons, scheduled according to a timetable published on the website of the course of study
Teaching Resources
- Material provided by the teacher.
- Genovese U., Martini F. (a cura), La nuova responsabilità professionale in Sanità, Maggioli Editore, 2017;
- Birkhoff J.M., Nozioni di Medicina Legale, Franco Angeli, 2011.
- Genovese U., Martini F. (a cura), La nuova responsabilità professionale in Sanità, Maggioli Editore, 2017;
- Birkhoff J.M., Nozioni di Medicina Legale, Franco Angeli, 2011.
Forensic medicine
MED/43 - FORENSIC MEDICINE - University credits: 1
Lessons: 8 hours
Professor:
Casali Michelangelo Bruno
International law
IUS/13 - INTERNATIONAL LAW - University credits: 2
Lessons: 16 hours
Professor:
Bracchi Daniele Alberto
Labour law
IUS/07 - LABOUR LAW - University credits: 2
Lessons: 16 hours
Professor:
Corso Stefano Maria