Health Law and Professional, Ethical and Legal Liabilities
A.Y. 2023/2024
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 can be attended as a single course.
Course syllabus and organization
Single session
Prerequisites for admission
No prior knowledge is required.
Assessment methods and Criteria
The final exam consists of only one written test. Specifically, the student is asked to answer 30 multiple choice questions (3 options) among which only one answer is the correct one; in addition, there is also 1 open question to be answered by writing not more than four lines.
The questions are focused on the topics explained in class and have a mainly general content; in order to answer correctly, the student is required to have a good understanding of the fundamental concepts of public international law, and specifically of international health law.
The evaluation is expressed in thirtieths (e.g. 30/30 or 30 cum laude/30).
The score of the integrated course is the average (weighted on the basis of credits) of the results achieved in each teaching of the course. The final grade will be minuted giving the student the opportunity to (electronically) reject the grade.
The questions are focused on the topics explained in class and have a mainly general content; in order to answer correctly, the student is required to have a good understanding of the fundamental concepts of public international law, and specifically of international health law.
The evaluation is expressed in thirtieths (e.g. 30/30 or 30 cum laude/30).
The score of the integrated course is the average (weighted on the basis of credits) of the results achieved in each teaching of the course. The final grade will be minuted giving the student the opportunity to (electronically) reject the grade.
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
Public international law: definition and differences with private international law
The international "Society" / "Community" and multilateralism
The subjects of international law
The legal (?) nature of international law
The sources of international law
"Global" international Organizations, various types
The United Nations Organization (UN)
Bodies of international Organizations
International "regional" Organizations, various types
The European Union (EU): concept and bodies
Health protection between domestic and international law: concept
Health protection at international cooperation level: approach
Health as a human right
The concept of "responsibility to protect"
Additional players in international health protection
The first international health conferences and conventions: objectives and limits
The institutionalization of international cooperation with the birth of international Organizations
The World Health Organization (WHO):
- functions within the UN framework
- health is ".. of common concern to all countries ..": concept
- "vertical" and "horizontal" actions of the WHO: concept
- WHO operational and regulatory skills: concept and types
- the International Health Regulations 2005 (IHR): improvements compared to previous IHRs, concept, principles, purpose, approach, functions, obligations of States and WHO, tools and committees
UN Security Council Resolution No. 2177/2014: context, purpose, legal framework pursuant to Chapter VII of the UN Charter and related debate, broad content
The responses of the WHO and the "international" Community to Covid-19: context, intentions, recommendations, verifications, reports and related limits, criticisms and discussions both within the WHO as well as external to the WHO
The TRIPs Agreement of the World Trade Organization (WTO) and the Doha Declaration with the concept of compulsory license; the proposed suspension of patents on Covid vaccines
The future of the WHO: the new Pandemic Treaty and the amendments to the International Health Regulations; ongoing debate
Health protection in Europe:
- the Council of Europe and its Treaties, e.g. the European Convention on Human Rights and the European Social Charter with the European Social Rights Committee (ECSR): principles
- the Charter of Fundamental Rights of the European Union: principles
- the European Center for Disease Prevention and Control (ECDC) of the European Union: purpose, tasks and activities
- the European Medicines Agency (EMA) of the European Union: purpose, tasks and activities
- the European Court of Human Rights: context, nature, composition and organization, competences, functioning, sentences
The international "Society" / "Community" and multilateralism
The subjects of international law
The legal (?) nature of international law
The sources of international law
"Global" international Organizations, various types
The United Nations Organization (UN)
Bodies of international Organizations
International "regional" Organizations, various types
The European Union (EU): concept and bodies
Health protection between domestic and international law: concept
Health protection at international cooperation level: approach
Health as a human right
The concept of "responsibility to protect"
Additional players in international health protection
The first international health conferences and conventions: objectives and limits
The institutionalization of international cooperation with the birth of international Organizations
The World Health Organization (WHO):
- functions within the UN framework
- health is ".. of common concern to all countries ..": concept
- "vertical" and "horizontal" actions of the WHO: concept
- WHO operational and regulatory skills: concept and types
- the International Health Regulations 2005 (IHR): improvements compared to previous IHRs, concept, principles, purpose, approach, functions, obligations of States and WHO, tools and committees
UN Security Council Resolution No. 2177/2014: context, purpose, legal framework pursuant to Chapter VII of the UN Charter and related debate, broad content
The responses of the WHO and the "international" Community to Covid-19: context, intentions, recommendations, verifications, reports and related limits, criticisms and discussions both within the WHO as well as external to the WHO
The TRIPs Agreement of the World Trade Organization (WTO) and the Doha Declaration with the concept of compulsory license; the proposed suspension of patents on Covid vaccines
The future of the WHO: the new Pandemic Treaty and the amendments to the International Health Regulations; ongoing debate
Health protection in Europe:
- the Council of Europe and its Treaties, e.g. the European Convention on Human Rights and the European Social Charter with the European Social Rights Committee (ECSR): principles
- the Charter of Fundamental Rights of the European Union: principles
- the European Center for Disease Prevention and Control (ECDC) of the European Union: purpose, tasks and activities
- the European Medicines Agency (EMA) of the European Union: purpose, tasks and activities
- the European Court of Human Rights: context, nature, composition and organization, competences, functioning, sentences
Teaching methods
The lessons are held in class, as well as by means of on-line "live" webinars; to support the lessons, the lecturer uses slides, which - together with the video recordings of the lessons - are uploaded on the platform Ariel https://ariel.unimi.it
Teaching Resources
- slides presented by the lecturer during the lessons that are uploaded on Ariel in the section "Videolezioni"
- A. Gioia, "Diritto internazionale", Giuffré, 2019: pp. 1-13; pp. 15-17; pp. 347-362; pp. 451-458; the reference pages to be studied are present in PDF-file format on Ariel in the section "Materiali Didattici"
- P. Acconci, "Tutela della salute e diritto internazionale", Cedam, 2011, pp. 1-17; pp. 36-48; pp. 55-69, pp. 158-172; the reference pages to be studied are present in PDF-file format on Ariel in the section "Materiali Didattici"
- 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", available on http://www.sidiblog.org/author/giuseppe-palmisano/
- A. Gioia, "Diritto internazionale", Giuffré, 2019: pp. 1-13; pp. 15-17; pp. 347-362; pp. 451-458; the reference pages to be studied are present in PDF-file format on Ariel in the section "Materiali Didattici"
- P. Acconci, "Tutela della salute e diritto internazionale", Cedam, 2011, pp. 1-17; pp. 36-48; pp. 55-69, pp. 158-172; the reference pages to be studied are present in PDF-file format on Ariel in the section "Materiali Didattici"
- 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", available on http://www.sidiblog.org/author/giuseppe-palmisano/
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
Educational website(s)