Cultural diversity and human rights law

A.A. 2023/2024
6
Crediti massimi
42
Ore totali
SSD
IUS/13
Lingua
Inglese
Obiettivi formativi
The course aims at:
- Examining the international and European legal framework on cultural diversity;
- Analyzing the protection of fundamental human rights at the international and European level and how it interacts with cultural diversity;
- Analyzing the relevant European, international and domestic case law on traditional harmful practices (e.g. genital mutilations, forced and early marriages, discriminatory practices against women, infant begging);
- Identifying the method and instruments to coordinate or, when necessary, strike a balance, between cultural diversity and fundamental human rights;
- Offer attendees seminars and one workshop involving professionals and NGOs, in order to provide them with insights and practical knowledge of the examined topics;
- Applying the examined legal tools to the solution of case studies;
- Developing critical analysis of connected legal issues.
Risultati apprendimento attesi
By the end of the course, students will:
- Have a deep knowledge of the international and European legal framework on cultural diversity and human rights law
- Have a deep knowledge of the relevant case-law on traditional harmful practices
- Be able to make autonomous evaluation of relevant legal issues
- Have developed the related problem-solving skills
- Have developed the skills to apply the acquired knowledge to practical cases, disputes, and decision-making processes
Corso singolo

Questo insegnamento può essere seguito come corso singolo.

Programma e organizzazione didattica

Edizione unica

Responsabile
Periodo
Secondo semestre

Programma
Cultural diversity represents the hallmark of a pluralistic and democratic society. However, some practices based on culture, tradition and religion potentially or really conflict with fundamental human rights - especially of vulnerable groups or individuals. The course examines the international and European legal framework on cultural diversity and the consistency with fundamental human rights of traditional harmful practices (such as genital mutilations, forced and early marriages, virginity tests, violent initiation rites, traditions related to widowhood, discriminatory practices against women, extreme dietary and food practices, infant begging). Protecting cultural diversity and human rights - and striking a balance between them, when necessary - is indeed a crucial challenge for a multicultural society as ours. To this aim, the course focuses on the relevant international and European legal framework and the case-law developed by European, international, and domestic courts, in order to provide attendees with the legal background and critical skills to analyse and solve practical and theoretical issues. Traditional lectures are completed by seminars and workshops involving academics and experts from NGOs, law firms and specialized entities.
The course program includes classes about:
a) What is cultural diversity and how it is protected under international and European law
b) Human rights protection at the international and European level
e) Potential and real conflicts between cultural diversity and human rights. Striking the balance at the European and international level: legal approaches and solutions
f) The international and European legal framework and case-law about harmful practices based on culture, tradition and religion, such as forced and early marriages, genital mutilations, infant begging, discriminatory practices against women (e.g. discriminatory inheritance rights and rights to marry or divorce; limited freedom of movement and expression; harmful health and dietary practices; compulsion to wear religious clothing and symbols)
g) The protection of cultural diversity and human rights in other regional systems: the Inter-American, African and the Middle East approaches
f) European private international legal issues
The course is a Jean Monnet Module co-funded by the European Union.
Prerequisiti
The knowledge of international law is recommended.
Metodi didattici
The course is a Jean Monnet Module co-funded by the European Union. It combines traditional lectures with seminars with practitioners and more interactive activities, such as case-studies and presentations. A final workshop involving academics, professionals and specialized NGOs will be offered. Attendance is mandatory (75%). The working language is English.
Materiale di riferimento
The detailed syllabus and the mandatory and suggested readings and teaching materials (e.g. legal instruments and decisions) will be listed or uploaded on the course's website.
Modalità di verifica dell’apprendimento e criteri di valutazione
The exam can be taken either through partial assessments (oral and written tests, presentations and solution of case-studies) or one oral overall exam.
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 6
Lezioni: 42 ore
Docente/i
Ricevimento:
Martedì ore 16.30-18.30
Dipartimento diritto pubblico italiano e sovranazionale (sezione diritto internazionale - piano terra) - si prega di contattare la Professoressa all'indirizzo email [email protected]