Medical Law, Ethical and Professional-Legal Liability
A.Y. 2023/2024
Learning objectives
The course aims to provide students with the basics of trade union law and labor law. With regard to trade union law, the aim of the course is to develop knowledge about trade union organization, trade union action (collective bargaining) and collective self-defense (strike), both with reference to private and public employment. With regard to labor law, the teaching aims to provide students with the knowledge of the main regulations governing the employment relationship. The teaching, in particular, aims to make students understand the rules of the contractual constitution of the standard and non-standard employment relationship (temporary contracts, temporary agency contracts); the rules governing the execution phase (time, duties, remuneration, etc.) and those governing its extinction (dismissal).
Expected learning outcomes
At the end of the course, the student, in order to pass the exam successfully, must be able to demonstrate knowledge and understanding of the discipline of trade union law and labor law. The student must also demonstrate to have acquired the ability to apply the abstract legal concepts learned in class to concrete cases that pose legal problems of labor law. Furthermore, upon completion of the course, the student is expected to have matured: - Autonomy of judgment. In particular, the student must demonstrate, during the lessons and the exam, to have acquired critical positions based on the topics covered in the course. - Communication skills: the student must demonstrate that he / she has acquired sufficient argumentative ability and language ownership regarding the topics covered during the course that allows communication with specialist interlocutors. - Ability to learn: the student must demonstrate to have developed an adequate ability to understand the evolution of the work discipline and its main questions of interpretation that allows to study the legal institutions independently.
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
They must pass a written multiple choice test, with only one correct answer. Any mistake will result in one point less, starting from 30/30
Labour law
Course syllabus
- Introduction to labour law: basic and Constitutional principles, sources and subjects;
- Basics of trade union law: freedom and trade union organization, collective agreement, right to strike and freedom of lockdown, collective tools for managing situations of corporate crisis;
- The establishment of the employment relationship: the contract types, relationships, form, ancillary clauses, vices; employment contract, self-employment, coordinated and occasional work; structure of the employment relationship; subject and place of work performance; performance time; power of control and protection of privacy; disciplinary power; pay; health and safety at work; equality and discrimination at work; suspensions of work.
-Rights, obligations and responsibilities of employer and employee;
- Methods for terminating the employment relationship and judicial protection: supervening impossibility, resignation and dismissal; waivers, and judicial protection.
- Basics of trade union law: freedom and trade union organization, collective agreement, right to strike and freedom of lockdown, collective tools for managing situations of corporate crisis;
- The establishment of the employment relationship: the contract types, relationships, form, ancillary clauses, vices; employment contract, self-employment, coordinated and occasional work; structure of the employment relationship; subject and place of work performance; performance time; power of control and protection of privacy; disciplinary power; pay; health and safety at work; equality and discrimination at work; suspensions of work.
-Rights, obligations and responsibilities of employer and employee;
- Methods for terminating the employment relationship and judicial protection: supervening impossibility, resignation and dismissal; waivers, and judicial protection.
Teaching methods
The teaching is delivered through face-to-face lessons, according to a scheduled calendar published on the website of the course of study. The theoretical lessons will also be accompanied by the analysis of practical cases and will be accompanied by slides.
Teaching Resources
Slide fornite dal docente durante la lezione e sul sito web del corso
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
The "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
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
The "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
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 on-line "live" webinar mode; 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 video-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", 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", on http://www.sidiblog.org/author/giuseppe-palmisano/
Forensic medicine
Course syllabus
The teaching aims to provide basic knowledge about professional liability in the field of health, with particular regard to:
- Informed consent;
- State of necessity VS private violence crimes or injuries;
- Interdiction, incapacitation, supporting administration;
- Neglicence, imprudence, inexperience, compensation for damage;
- Professional secrecy: admissibility, exonerating circumstances, risks of damaging behaviors;
- Self-injurious behaviors;
- End-of-life (do-not-resuscitate order and ordinance number 207, November 16th, 2018, of the Constitutional Court);
- Cause-and-effect relationship in Forensic Medicine.
Some knowledge about forensic psychopathology and criminology of domestic violence will also be delivered.
Theoretical aspects will be more comprehensive by adding several case studies (decisions in the matter responsability, clinical cases, forensic reports).
- Informed consent;
- State of necessity VS private violence crimes or injuries;
- Interdiction, incapacitation, supporting administration;
- Neglicence, imprudence, inexperience, compensation for damage;
- Professional secrecy: admissibility, exonerating circumstances, risks of damaging behaviors;
- Self-injurious behaviors;
- End-of-life (do-not-resuscitate order and ordinance number 207, November 16th, 2018, of the Constitutional Court);
- Cause-and-effect relationship in Forensic Medicine.
Some knowledge about forensic psychopathology and criminology of domestic violence will also be delivered.
Theoretical aspects will be more comprehensive by adding several case studies (decisions in the matter responsability, clinical cases, forensic reports).
Teaching methods
Lectures using Powerpoint presentations, which will all be provided to the students in order to prepare the final exam.
Teaching Resources
The preparation of the exam is based on the slides provided by the professor.
For those who want to deepen:
- Genovese U., Martini F. (a cura), La nuova responsabilità professionale in Sanità, Maggioli Editore, 2017;
- Cazzaniga A., Cattabeni C.M., Luvoni R., Zoja R., Compendio di Medicina Legale e delle Assicurazioni, UTET, Torino, 2018
For those who want to deepen:
- Genovese U., Martini F. (a cura), La nuova responsabilità professionale in Sanità, Maggioli Editore, 2017;
- Cazzaniga A., Cattabeni C.M., Luvoni R., Zoja R., Compendio di Medicina Legale e delle Assicurazioni, UTET, Torino, 2018
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)