Fundamental Rights
A.Y. 2023/2024
Learning objectives
Since the adoption of the Universal Declaration of Human Rights in 1948, to which the emergence of human rights on the world stage can be traced back, 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 objective of the course is to study the fundamental rights recognized at the international level. The course aims to provide the necessary knowledge and analytical tools to understand the definition and content of these rights, as well as the functioning of international mechanisms aimed at ensuring their effective implementation within national legal systems.
The objective of the course is to study the fundamental rights recognized at the international level. The course aims to provide the necessary knowledge and analytical tools to understand the definition and content of these rights, as well as the functioning of international mechanisms aimed at ensuring their effective implementation within national legal systems.
Expected learning outcomes
By the end of the course, students will be able to:
- identify and define the fundamental rights recognized at the international level in their essential features
- acquire knowledge of universal and regional systems for the protection of these rights
- critically understand relevant international case law in this field
- apply the learned concepts to concrete cases and assess the current relevance and emerging challenges in the subject matter of the course
- develop an adequate autonomy of judgment and individual learning in the subject matter of the course, taking into account the professional prospects of the degree program
- present the concepts learned during the course with coherence of argumentation and appropriate vocabulary
- identify and define the fundamental rights recognized at the international level in their essential features
- acquire knowledge of universal and regional systems for the protection of these rights
- critically understand relevant international case law in this field
- apply the learned concepts to concrete cases and assess the current relevance and emerging challenges in the subject matter of the course
- develop an adequate autonomy of judgment and individual learning in the subject matter of the course, taking into account the professional prospects of the degree program
- present the concepts learned during the course with coherence of argumentation and appropriate vocabulary
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
In case of remote teaching, the lessons will be delivered through Microsoft Teams. Further information will be published on the Ariel page of the course.
Course syllabus
The program consists of 3 teaching units.
UNIT I: Fundamental Rights and the International Legal Order
Origin and historical evolution of human rights.
Sources, classification, scope of application, and content of the obligations to protect fundamental rights.
The universal system of protection of human rights: the protection of rights within the framework of the UN, the Universal Declaration of Human Rights, the United Nations Covenants of 1966, and other conventions protecting specific rights or specific categories of individuals.
UNIT II: The Regional System for the Protection of Fundamental Rights
Regional systems for the protection of human rights, with particular reference to the regional system of the Council of Europe, the relevance of the European Convention on Human Rights (ECHR), and the functioning of the European Court of Human Rights.
The American and African regional systems: an overview.
UNIT III: Rights in Action: Protection of Individual Rights and Selected Topics
This part of the course focuses on the in-depth study of specific rights through the analysis of current and relevant cases, also with reference to other branches of international law (e.g., international environmental law, the law of the sea, migration law, health law, etc.). Attending students have the opportunity to undergo a practical assessment to earn credits for this module, through group work and/or classroom presentations. A positive evaluation of the classroom presentations replaces the corresponding part of the program related to chapters 3, 6, and 7 of the textbook (see "teaching resources" section). Further information will be provided at the beginning of the course and will be published on the Ariel page of the course.
For non-attending students, the examination regarding teaching unit III will cover chapters 3, 6, and 7 of the textbook (see "teaching resources" section).
UNIT I: Fundamental Rights and the International Legal Order
Origin and historical evolution of human rights.
Sources, classification, scope of application, and content of the obligations to protect fundamental rights.
The universal system of protection of human rights: the protection of rights within the framework of the UN, the Universal Declaration of Human Rights, the United Nations Covenants of 1966, and other conventions protecting specific rights or specific categories of individuals.
UNIT II: The Regional System for the Protection of Fundamental Rights
Regional systems for the protection of human rights, with particular reference to the regional system of the Council of Europe, the relevance of the European Convention on Human Rights (ECHR), and the functioning of the European Court of Human Rights.
The American and African regional systems: an overview.
UNIT III: Rights in Action: Protection of Individual Rights and Selected Topics
This part of the course focuses on the in-depth study of specific rights through the analysis of current and relevant cases, also with reference to other branches of international law (e.g., international environmental law, the law of the sea, migration law, health law, etc.). Attending students have the opportunity to undergo a practical assessment to earn credits for this module, through group work and/or classroom presentations. A positive evaluation of the classroom presentations replaces the corresponding part of the program related to chapters 3, 6, and 7 of the textbook (see "teaching resources" section). Further information will be provided at the beginning of the course and will be published on the Ariel page of the course.
For non-attending students, the examination regarding teaching unit III will cover chapters 3, 6, and 7 of the textbook (see "teaching resources" section).
Prerequisites for admission
Basic knowledge of international law is highly desirable. It is therefore recommended to review an international law textbook. Some fundamental concepts will be covered during the lessons.
Teaching methods
Lectures (with PowerPoint presentations) and classroom discussions, as well as group work and classroom presentations. Active participation of students is encouraged.
Teaching Resources
A. Marchesi, La protezione internazionale dei diritti umani, Giappichelli, Turin, 2021.
Lecture notes and materials uploaded on Ariel.
Lecture notes and materials uploaded on Ariel.
Assessment methods and Criteria
The exam consists in a written exam (multiple-choice and open-ended questions) to verify that students have learned the concepts and institutions covered in the course and are able to express them clearly and precisely.
Active participation through group work and/or classroom presentations, if evaluated positively, replaces a part of the program regarding unit III (see "program" section). Further information will be provided at the beginning of the course and will be published on the Ariel page of the course.
Active participation through group work and/or classroom presentations, if evaluated positively, replaces a part of the program regarding unit III (see "program" section). Further information will be provided at the beginning of the course and will be published on the Ariel page of the course.
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To set up an appointment, please write an e-mail to: [email protected]