International Human Rights Law
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 progressive consolidation of the "international protection of human rights" tends to achieve advanced integration between the various national legal systems, over and above political differences and disparities in development, according to the human being and the protection of his dignity. However, while the formulation of protected rights at world level is very advanced, the progress made in implementing them is less advanced. Recent events show that cases of massive and repeated violations of human rights are spreading. The question of the relationship between national security requirements which could justify restrictions on the enjoyment of certain rights and the protection of individual guarantees is very topical. The aim of this course is, therefore, to study not only the definition of inviolable rights contained in the fundamental acts of the subject, but also the international mechanisms established in order to verify that the rights set out are effectively guaranteed within the state systems.
Expected learning outcomes
At the end of this course, students will have acquired a sound knowledge of their international human rights and of the main remedies available in case of violation. Thus, they will be able to demand that their human rights be respected and ensure that they be enforced. These skills are of particular importance for all students wishing to pursue a career in an international organization, in diplomacy or, in general, in the field of international relations.
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
The course will be taught in class provided that different options will be required by the pandemic situation. A seat in the classroom can be booked ahead of time through the dedicated app. The class will be live-streamed (and not recorded) through Microsoft Teams.
In any case, this set-up will depend upon the evolution of the emergency and the respect of the security directives, and might change.
In any case, this set-up will depend upon the evolution of the emergency and the respect of the security directives, and might change.
Course syllabus
- Students attending the lectures:
1. The protection of international human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; UN human rights treaties.
2. The protection of international human rights at the regional level: the Council of Europe; the European Convention on Human Rights; the implementation of the European Convention on Human Rights in the Italian legal order; fundamental Rights in the European Union; the implementation of human rights treaties in domestic legal orders; derogations in times of emergency.
3. Selected human rights. Through the analysis of relevant international case law, this unit aims at examining selected human rights, e.g. the right to life, the prohibition of torture, fair trial guarantees, the right to respect for one's private and family life, freedom of religion, and the prohibition of discrimination. - Students may choose to take part in a team activity and thereby be exempted from studying part of the materials. Each group will be assigned a specific topic, i.e. the right or freedom to be examined through the analysis of relevant international case law (e.g. the judgments of the European Court of Human Rights), as well as a fictional practical case concerning this topic. Each group will then work on and submit two separate statements (one on behalf of the individual applicant; the other on behalf of the respondent State), as well as the final judgment of the court in question, defending their legal arguments and including a list of references (applicable law; literature; case law). The case will then be presented in class and a public discussion will take place. All students actively participating in this team activity will be exempted from studying most of the judgments included in the course's materials (see Materials for students attending the lectures). - All students who, whilst actually attending the lectures, choose not to take part in this team activity will be required to study the same materials as those not attending the lectures (see Materials for students not attending the lectures).
- Students not attending the lectures:
1. The protection of international human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; UN human rights treaties.
2. The protection of international human rights at the regional level: the Council of Europe; the European Convention on Human Rights; the implementation of the European Convention on Human Rights in the Italian legal order; fundamental Rights in the European Union; the implementation of human rights treaties in domestic legal orders; derogations in times of emergency.
3. Selected human rights. Through the analysis of relevant international case law, this unit aims at examining selected human rights, e.g. the right to life, the prohibition of torture, fair trial guarantees, the right to respect for one's private and family life, freedom of religion, and the prohibition of discrimination.
1. The protection of international human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; UN human rights treaties.
2. The protection of international human rights at the regional level: the Council of Europe; the European Convention on Human Rights; the implementation of the European Convention on Human Rights in the Italian legal order; fundamental Rights in the European Union; the implementation of human rights treaties in domestic legal orders; derogations in times of emergency.
3. Selected human rights. Through the analysis of relevant international case law, this unit aims at examining selected human rights, e.g. the right to life, the prohibition of torture, fair trial guarantees, the right to respect for one's private and family life, freedom of religion, and the prohibition of discrimination. - Students may choose to take part in a team activity and thereby be exempted from studying part of the materials. Each group will be assigned a specific topic, i.e. the right or freedom to be examined through the analysis of relevant international case law (e.g. the judgments of the European Court of Human Rights), as well as a fictional practical case concerning this topic. Each group will then work on and submit two separate statements (one on behalf of the individual applicant; the other on behalf of the respondent State), as well as the final judgment of the court in question, defending their legal arguments and including a list of references (applicable law; literature; case law). The case will then be presented in class and a public discussion will take place. All students actively participating in this team activity will be exempted from studying most of the judgments included in the course's materials (see Materials for students attending the lectures). - All students who, whilst actually attending the lectures, choose not to take part in this team activity will be required to study the same materials as those not attending the lectures (see Materials for students not attending the lectures).
- Students not attending the lectures:
1. The protection of international human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; UN human rights treaties.
2. The protection of international human rights at the regional level: the Council of Europe; the European Convention on Human Rights; the implementation of the European Convention on Human Rights in the Italian legal order; fundamental Rights in the European Union; the implementation of human rights treaties in domestic legal orders; derogations in times of emergency.
3. Selected human rights. Through the analysis of relevant international case law, this unit aims at examining selected human rights, e.g. the right to life, the prohibition of torture, fair trial guarantees, the right to respect for one's private and family life, freedom of religion, and the prohibition of discrimination.
Prerequisites for admission
Having passed the exam of international law is a prerequisite for taking the exam and it is also recommended for attending the course.
Teaching methods
Lectures (possibly supported by powerpoint presentations). Presentation and discussion of relevant practical cases. Possible active participation of students (see Programme for studentes attending the lectures, point 3).
Teaching Resources
- Students attending the lectures: Notes taken in class, as well as the following book: I. Viarengo, M. Franchi, Tutela internazionale dei diritti umani: casi e materiali, Giappichelli, Torino, 2016, p. 3-156, 263-278, 289-332. Students are also expected to study the following text: European Union Charter of Fundamental Rights (available at http://europa.eu).
- Students not attending the lectures: The following books: I. Viarengo, M. Franchi, Tutela internazionale dei diritti umani: casi e materiali, Giappichelli, Torino, 2016, p. 3-332; C. Focarelli, La persona umana nel diritto internazionale, Il Mulino, 2013: Introduzione, Capitolo I (Storia dei diritti umani), Capitolo V (Diritti protetti), Capitolo VI (Organi internazionali di controllo), pp. 13-40, 121-276. Students are also expected to study the following text: European Union Charter of Fundamental Rights (available at http://europa.eu).
- Students not attending the lectures: The following books: I. Viarengo, M. Franchi, Tutela internazionale dei diritti umani: casi e materiali, Giappichelli, Torino, 2016, p. 3-332; C. Focarelli, La persona umana nel diritto internazionale, Il Mulino, 2013: Introduzione, Capitolo I (Storia dei diritti umani), Capitolo V (Diritti protetti), Capitolo VI (Organi internazionali di controllo), pp. 13-40, 121-276. Students are also expected to study the following text: European Union Charter of Fundamental Rights (available at http://europa.eu).
Assessment methods and Criteria
- Students attending the lectures: Oral exam aimed at assessing the students' knowledge of the topics included in the programme and their ability to convey relevant concepts and ideas clearly and thoroughly. Students may choose to take part in a team activity and thereby be exempted from studying part of the materials (see Programme for students attending the lectures, point 3).
- Students not attending the lectures: Oral exam aimed at assessing the students' knowledge of the topics included in the programme and their ability to convey relevant concepts and ideas clearly and thoroughly.
- Students not attending the lectures: Oral exam aimed at assessing the students' knowledge of the topics included in the programme and their ability to convey relevant concepts and ideas clearly and thoroughly.
Unità didattica 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor(s)