Theories and Practice of Human Rights

A.Y. 2021/2022
6
Max ECTS
40
Overall hours
SSD
IUS/20
Language
Italian
Learning objectives
The course aims at introducing to the language, history and theories of fundamental rights, by providing conceptual bases and linguistic skills that are important for the study of issues regarding the implementation and protection of rights, that are considered in other courses in the same curriculum. Special attention will be paid to questions concerning the internationalization of rights, also considering the supranational and global perspective of the curriculum.
Expected learning outcomes
- Knowledge and understanding of notions of subjective, fundamental and human rights; their contextualization in an historical perspective, starting with their theorizing, going through their positivization, up to the more recent processes of multiplication and internationalization;
- Knowledge and understanding of the main questions in contemporary debate regarding the foundation of rights, their implementation, and the problems of their ineffectivity and of conciliating their universality with cultural diversity;
- Capability to apply knowledge and understanding to the analysis of contemporary processes of transformation and proliferation of rights at the national, international and supranational levels;
- Capability to apply the acquired knowledge to the analysis and discussion of specific legal cases raising the problem of the conflict of fundamental rights and of their balancing.
Course syllabus and organization

Single session

Responsible
Lesson period
Second trimester
More specific information on training activities and exams for the academic year 2021/2022 will be provided over the coming months, based on the evolution of the public health situation.
Course syllabus
The course will be structured in two units of ten classes each.
The first unit will consider fundamental rights as an institution of positive law, combining historical and theoretic lectures. The historical lectures will address, among others, the following topics: the shift from natural law theories to rights theories; the first charters of rights, from the Magna Charta to the French Declaration of 1789; the process of civil and political rights' posivitization;; the emerging of socio_economic rights, the constitutionalizing and internationalizing of fundamental and human rights. The theoretic lectures will address the following topics: the concept of fundamental and human rights in relation to the broader category of individual rights; the function of fundamental rights in the constitutional State; conflicts between fundamental human rights and strategies for the resolution of those conflicts;
The second unit will address three dimensions of human rights: law, theories and practice focusing on questions concerning the implementation and the universality of human rights. A specific attention will be devoted to women's rights. A bibliography in English on the topics of the course will be provided on request to non-attending students who want to take the final exam in English.
Prerequisites for admission
No preliminary knowledge is required.
The standard language for lectures and class presentations will be Italian and attending students will be required to read texts and participate to class discussion in that language.
Students who don't have the knowledge of the Italian language necessary to take part to these activities could take the exam in English as non-attending students.
Teaching methods
The teaching activities will include lectures and class discussions. They may also include class presentations. The standard language for those activities will be Italian. Students who don't have the knowledge of the Italian language necessary to attend classes with profit could take the exam in English as non-attending students.
For the final exam, non-attending students who want to take the exam in English should prepare the texts listed in a bibliography that will be provided by the teacher on request.
Teaching Resources
Attending students:
a) Facchi, A., Breve storia dei diritti umani. Dai diritti dell'uomo ai diritti delle donne, Il Mulino, Bologna, 2013.
b) Gli appunti presi , i documenti e i testi che saranno indicati durante le lezioni.
Non attending students:
a) Facchi, A., Breve storia dei diritti umani. Dai diritti dell'uomo ai diritti delle donne, Il Mulino, Bologna, 2013.
b) A. Cassese, I diritti umani oggi, Laterza Roma-Bari 2016
Un testo a scelta tra i seguenti:
c1) Facchi, A. I diritti nell'Europa multiculturale, Laterza, Roma-Bari, 2007.
c2) Nussbaum, M.C., Diventare persone. Donne e universalità dei diritti, Il Mulino, Bologna, 2001.
C3) Donnelly, J. Universal Human Rights in Theory and Practice, Cornell University Press, Ithaca, 2013.
C4) Engle Merry, S. Human Rights and Gender Violence. Translating International Law into Local Justice, The University of Chicago Press, Chicago, 2006.
For the final exam, non-attending students who want to take the exam in English should prepare the texts listed in a bibliography that will be provided by the teacher on request.
Assessment methods and Criteria
Students who don't have the knowledge of the Italian language necessary to attend classes with profit could take the exam in English as non-attending students. In that case, students should inform the teacher by email at least three days before the exam session.
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 40 hours
Professor: Facchi Alessandra
Educational website(s)
Professor(s)
Reception:
Tuesday from 2, 30 p.m. Please write to [email protected]
Room 207, Department of Social and Political Sciences