Fundamental Rights
A.Y. 2026/2027
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 system for the protection of human rights, with particular attention to the principal legal instruments and protection mechanisms, as well as to selected contemporary issues.
Part I - The Universal System for the Protection of Human Rights
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 United Nations; the Universal Declaration of Human Rights; the 1966 United Nations Covenants; and the conventions protecting specific categories of rights.
Part II - Regional Human Rights Protection Systems
This unit examines the regional systems for the protection of human rights, with particular emphasis on the Council of Europe system and the European Convention on Human Rights (ECHR), including its structure, scope of application, and the functioning of the European Court of Human Rights. Brief references will also be made to the other regional human rights systems.
Part III - The International System for the Protection of Human Rights: Selected Cases and Contemporary Issues
This part of the course is devoted to the analysis of case law and the discussion of cross-cutting issues in light of recent developments in the international context. Particular attention will be paid to selected fundamental rights, including the right to life, the prohibition of torture, the protection of family life, freedom of religion, and the prohibition of discrimination.
Different Requirements for Attending and Non-attending Students (Part III). Attending students: may replace the preparation of Part III with a practical assignment consisting of classroom presentations. The assessment criteria and practical arrangements will be explained at the beginning of the course and published on MyAriel. Non-attending students: are required to study Chapter 3 of the prescribed textbook and a selection of judgments, which will be made available on MyAriel.
Part I - The Universal System for the Protection of Human Rights
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 United Nations; the Universal Declaration of Human Rights; the 1966 United Nations Covenants; and the conventions protecting specific categories of rights.
Part II - Regional Human Rights Protection Systems
This unit examines the regional systems for the protection of human rights, with particular emphasis on the Council of Europe system and the European Convention on Human Rights (ECHR), including its structure, scope of application, and the functioning of the European Court of Human Rights. Brief references will also be made to the other regional human rights systems.
Part III - The International System for the Protection of Human Rights: Selected Cases and Contemporary Issues
This part of the course is devoted to the analysis of case law and the discussion of cross-cutting issues in light of recent developments in the international context. Particular attention will be paid to selected fundamental rights, including the right to life, the prohibition of torture, the protection of family life, freedom of religion, and the prohibition of discrimination.
Different Requirements for Attending and Non-attending Students (Part III). Attending students: may replace the preparation of Part III with a practical assignment consisting of classroom presentations. The assessment criteria and practical arrangements will be explained at the beginning of the course and published on MyAriel. Non-attending students: are required to study Chapter 3 of the prescribed textbook and a selection of judgments, 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 consists of lectures supported by PowerPoint presentations, guided discussions, practical exercises, and group work. Active participation will be encouraged, including through group presentations in class. Guest lectures by external experts on current human rights issues may also be included.
Teaching Resources
- A. Marchesi, La protezione internazionale dei diritti umani, Giappichelli, 2023.
- Lecture notes and teaching materials made available on the MyAriel platform.
- Judgments made available on MyAriel. The essential elements of the selected judicial decisions can also be found in: M. Franchi, I. Viarengo, Tutela internazionale dei diritti umani. Casi e materiali, Giappichelli, 2016.
For attending students, the preparation of Chapter 3 of the valume and the selected judgments published on MyAriel is waived if replaced by the classroom presentation.
- Lecture notes and teaching materials made available on the MyAriel platform.
- Judgments made available on MyAriel. The essential elements of the selected judicial decisions can also be found in: M. Franchi, I. Viarengo, Tutela internazionale dei diritti umani. Casi e materiali, Giappichelli, 2016.
For attending students, the preparation of Chapter 3 of the valume and the selected judgments published on MyAriel is waived if replaced by the classroom presentation.
Assessment methods and Criteria
The final examination may be taken during any of the official examination sessions. It consists of an oral examination, during which students will generally be asked to answer questions covering different topics included in the course programme.
Students are expected to demonstrate a sound understanding of the theoretical foundations of the subject, together with the ability to apply these concepts in order to interpret, understand, and analyse from a legal perspective the complex phenomena characterising the contemporary development of international human rights law. Assessment will also take into account students' ability to develop critical arguments using appropriate legal terminology.
The examination covers the chapters of the prescribed textbook indicated above, whose study is supported by the lecture slides available on MyAriel, as well as the relevant legal sources, judicial decisions, and other materials made available on the same platform.
Attending students: During the course, students may take an interim multiple-choice test covering Parts I and II, designed to assess the progressive acquisition of the theoretical concepts addressed in class. The remaining part of the examination (Part III, which consists of the preparation of Chapter 3 of the prescribed textbook and the selected judgments published on MyAriel) may be replaced by a practical assignment consisting of a classroom presentation. The practical assignment is optional and is assessed on a pass/fail basis; it does not contribute to the final numerical grade. Alternatively, attending students may choose to take the entire examination orally or sit the oral examination if they fail the interim test or decide to decline the mark obtained.
Non-attending students: The examination consists of an oral examination covering all three parts of the course. For Part III, students are required to prepare Chapter 3 of the prescribed textbook, supported by the lecture slides available on MyAriel, as well as the selection of judgments published on MyAriel.
Students are expected to demonstrate a sound understanding of the theoretical foundations of the subject, together with the ability to apply these concepts in order to interpret, understand, and analyse from a legal perspective the complex phenomena characterising the contemporary development of international human rights law. Assessment will also take into account students' ability to develop critical arguments using appropriate legal terminology.
The examination covers the chapters of the prescribed textbook indicated above, whose study is supported by the lecture slides available on MyAriel, as well as the relevant legal sources, judicial decisions, and other materials made available on the same platform.
Attending students: During the course, students may take an interim multiple-choice test covering Parts I and II, designed to assess the progressive acquisition of the theoretical concepts addressed in class. The remaining part of the examination (Part III, which consists of the preparation of Chapter 3 of the prescribed textbook and the selected judgments published on MyAriel) may be replaced by a practical assignment consisting of a classroom presentation. The practical assignment is optional and is assessed on a pass/fail basis; it does not contribute to the final numerical grade. Alternatively, attending students may choose to take the entire examination orally or sit the oral examination if they fail the interim test or decide to decline the mark obtained.
Non-attending students: The examination consists of an oral examination covering all three parts of the course. For Part III, students are required to prepare Chapter 3 of the prescribed textbook, supported by the lecture slides available on MyAriel, as well as the selection of judgments published on MyAriel.
GIUR-09/A - International Law - University credits: 6
Lessons: 40 hours
Professor:
Valkova Lenka
Shifts:
Turno
Professor:
Valkova LenkaProfessor(s)
Reception:
Every Monday at 14.30. Students can contact prof. Valkova by email and arrange a meeting.