Fundamental Rights
A.Y. 2025/2026
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: Second 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
Second trimester
Course syllabus
The course is divided into three teaching units, focusing on the analysis of the international human rights protection system, with particular attention to the main instruments and protection mechanisms, as well as the examination of selected current issues. The first two units aim to provide the conceptual foundations necessary for a comprehensive understanding of the human rights protection system. The third unit, through the analysis of specific cases and themes, enables students to apply acquired knowledge and develop a more mature and critical perspective of the field.
Unit I - The Universal System of Human Rights Protection
This unit introduces the general framework of human rights protection at the universal level, with particular reference to: the protection of human rights within the UN framework; the Universal Declaration of Human Rights; the 1966 UN Covenants; and conventions aimed at protecting specific rights.
Unit II - Regional Systems of Human Rights Protection
The second unit focuses on the analysis of regional protection mechanisms, with particular attention to the Council of Europe system and the European Convention on Human Rights (ECHR): structure, scope, and functioning of the European Court of Human Rights. Brief references will also be made to other regional systems.
Unit III - The International Human Rights System in Relation to Specific Cases and Issues
This part of the course is dedicated to case law analysis and the discussion of cross-cutting themes, also in light of recent developments in the international context. Selected fundamental rights will be examined in greater depth, such as for example: the right to life, the prohibition of torture, the right to a fair trial, the protection of family life and privacy, freedom of religion, and the prohibition of all forms of discrimination.
Differentiated Modalities for Unit III:
Attending students: may replace preparation on Unit III with a practical assessment (group work and/or classroom presentations). The relevant criteria and procedures will be explained at the beginning of the course and published on the MyAriel platform.
Non-attending students: must study Chapters 3, 6, and 7 of the reference textbook and a selection of case law, which will be made available on MyAriel.
Unit I - The Universal System of Human Rights Protection
This unit introduces the general framework of human rights protection at the universal level, with particular reference to: the protection of human rights within the UN framework; the Universal Declaration of Human Rights; the 1966 UN Covenants; and conventions aimed at protecting specific rights.
Unit II - Regional Systems of Human Rights Protection
The second unit focuses on the analysis of regional protection mechanisms, with particular attention to the Council of Europe system and the European Convention on Human Rights (ECHR): structure, scope, and functioning of the European Court of Human Rights. Brief references will also be made to other regional systems.
Unit III - The International Human Rights System in Relation to Specific Cases and Issues
This part of the course is dedicated to case law analysis and the discussion of cross-cutting themes, also in light of recent developments in the international context. Selected fundamental rights will be examined in greater depth, such as for example: the right to life, the prohibition of torture, the right to a fair trial, the protection of family life and privacy, freedom of religion, and the prohibition of all forms of discrimination.
Differentiated Modalities for Unit III:
Attending students: may replace preparation on Unit III with a practical assessment (group work and/or classroom presentations). The relevant criteria and procedures will be explained at the beginning of the course and published on the MyAriel platform.
Non-attending students: must study Chapters 3, 6, and 7 of the reference textbook and a selection of case law, which will be made available on MyAriel.
Prerequisites for admission
A basic knowledge of public international law and/or international organisations is recommended.
Teaching methods
The course includes traditional lectures with PowerPoint support, guided discussions, practical exercises, and group work. Active student participation will be encouraged and valued, including through classroom group presentations. Guest speakers may be invited to lecture on current issues.
Teaching Resources
· A. Marchesi, La protezione internazionale dei diritti umani, Giappichelli, 2023.
(For attending students, Chapters 3, 6, and 7 are excluded if replaced by the practical assessment.)
· Lecture notes and materials uploaded on the MyAriel platform.
· Selected case law will be made available on Ariel. Key elements of judicial decisions may also be found in:
M. Franchi, I. Viarengo, Tutela internazionale dei diritti umani. Casi e materiali, Giappichelli, 2016.
(For attending students, Chapters 3, 6, and 7 are excluded if replaced by the practical assessment.)
· Lecture notes and materials uploaded on the MyAriel platform.
· Selected case law will be made available on Ariel. Key elements of judicial decisions may also be found in:
M. Franchi, I. Viarengo, Tutela internazionale dei diritti umani. Casi e materiali, Giappichelli, 2016.
Assessment methods and Criteria
Attending students: A written mid-term test covering Units I and II will be offered to assess the progressive acquisition of theoretical concepts. The remaining part of the exam (Unit III) may be replaced through the class practical assessment (group work and/or presentations).
Alternatively, attending students may opt for a full oral exam or may take the oral exam if the written test is failed or if they choose not to accept the grade obtained.
Non-attending students: The exam will consist of an oral test assessing the knowledge and understanding of the main human rights protection instruments, as well as the ability to conduct critical analysis and provide a clear and structured legal argumentation.
Alternatively, attending students may opt for a full oral exam or may take the oral exam if the written test is failed or if they choose not to accept the grade obtained.
Non-attending students: The exam will consist of an oral test assessing the knowledge and understanding of the main human rights protection instruments, as well as the ability to conduct critical analysis and provide a clear and structured legal argumentation.
Professor(s)
Reception:
Every Monday at 14.30. Students can contact prof. Valkova by email and arrange a meeting.