International human rights law
A.A. 2023/2024
Obiettivi formativi
The course is designed i) to give students a global understanding of the origins, functioning, and limits of the international systems of protection of human rights, as well as contemporary developments in the field, ii) to provide them with practical skills in legal reasoning and arguing on both cases and current events that give raise to questions regarding the addressed topics. It aims not only at equipping students with appropriate knowledge of the issues examined in class, but also with the tools to address legal questions originating from a practical case, to acquire language skills and, in the long term, to apply international law principles in a professional and competent manner.
Risultati apprendimento attesi
By the end of this course, students should be able to: - Have a deep and detailed knowledge of public international human rights law; - Acquire ability to argue and evaluate complicated international legal issues, also arising from current events; - Understand and evaluate critically legal issues regarding the functioning of the international systems of protection of human rights; - Acquire communication skills (written and oral) as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language.
Periodo: Terzo trimestre
Modalità di valutazione: Esame
Giudizio di valutazione: voto verbalizzato in trentesimi
Corso singolo
Questo insegnamento può essere seguito come corso singolo.
Programma e organizzazione didattica
Edizione unica
Responsabile
Periodo
Terzo trimestre
Programma
I - GENERAL PART
1. The protection of human rights in international law: an overview
2. The role of States, international human rights institutions, and civil society
- The State, sovereignty, and subsidiarity
- The United Nations and human rights
3. The sources of international human rights law:
- HR Treaties: interpretation, the territorial scope of application, reservations, and derogations
- HR as general norms: custom, general principles of international law, and jus cogens
4. State responsibility for the violation of human rights
- Inter-state procedures: the erga omnes (partes) character of obligations;
- The individual complaint procedures (UN committees and ECtHR)
- Collective enforcement of human rights? The responsibility to protect and humanitarian intervention
5. Compliance and monitoring mechanisms
- The UN Charter-based monitoring mechanism: universal periodic review and special procedures
- The UN treaty-based monitoring mechanism: Reporting obligations
6. The substantive obligations arising from international human rights norms
- Obligations to respect (absolute vs relative rights)
- Obligations to protect
- Obligations to fulfil
II - SPECIAL PART AND MOOT COURT EXERCISES
In the second part of the Course, seminars and moot court exercises on selected topics will be organised. The topics may include the following:
- The prohibition of discrimination
- Human rights and the environment
- Human rights in the digital era
- Human rights in the rescue operations of migrants at sea
- Family Rights
- Rights of victims of crimes
- Terrorism and human rights protection.
1. The protection of human rights in international law: an overview
2. The role of States, international human rights institutions, and civil society
- The State, sovereignty, and subsidiarity
- The United Nations and human rights
3. The sources of international human rights law:
- HR Treaties: interpretation, the territorial scope of application, reservations, and derogations
- HR as general norms: custom, general principles of international law, and jus cogens
4. State responsibility for the violation of human rights
- Inter-state procedures: the erga omnes (partes) character of obligations;
- The individual complaint procedures (UN committees and ECtHR)
- Collective enforcement of human rights? The responsibility to protect and humanitarian intervention
5. Compliance and monitoring mechanisms
- The UN Charter-based monitoring mechanism: universal periodic review and special procedures
- The UN treaty-based monitoring mechanism: Reporting obligations
6. The substantive obligations arising from international human rights norms
- Obligations to respect (absolute vs relative rights)
- Obligations to protect
- Obligations to fulfil
II - SPECIAL PART AND MOOT COURT EXERCISES
In the second part of the Course, seminars and moot court exercises on selected topics will be organised. The topics may include the following:
- The prohibition of discrimination
- Human rights and the environment
- Human rights in the digital era
- Human rights in the rescue operations of migrants at sea
- Family Rights
- Rights of victims of crimes
- Terrorism and human rights protection.
Prerequisiti
Previous knowledge of international law, at least with reference to the following topics: subjects and sources of international law; the regimes of international responsibility. Students with no previous knowledge of the subject are encouraged to read a textbook of international law before the beginning of this course.
Metodi didattici
Lectures (powerpoint presentations made available after each lecture at https://ariel.unimi.it/). In-class discussion of relevant case law and selected issues. Active participation of students attending the lectures (e.g. research activities, in-class presentations and team activities).
Materiale di riferimento
STUDENTS ATTENDING THE LECTURES:
Notes taken in class, as well as the following book: R. Pisillo Mazzeschi, International Human Rights Law. Theory and Practice, Springer, 2021, Chapters 1-20. Special discount is provided for students. For more information, please visit the website of the course.
STUDENTS NOT ATTENDING THE LECTURES:
The following book: R. Pisillo Mazzeschi, International Human Rights Law. Theory and Practice, Springer, 2021, Chapters 1-20. Special discount is provided for students. For more information, please visit the website of the course.
Notes taken in class, as well as the following book: R. Pisillo Mazzeschi, International Human Rights Law. Theory and Practice, Springer, 2021, Chapters 1-20. Special discount is provided for students. For more information, please visit the website of the course.
STUDENTS NOT ATTENDING THE LECTURES:
The following book: R. Pisillo Mazzeschi, International Human Rights Law. Theory and Practice, Springer, 2021, Chapters 1-20. Special discount is provided for students. For more information, please visit the website of the course.
Modalità di verifica dell’apprendimento e criteri di valutazione
STUDENTS ATTENDING THE LECTURES:
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your-programme-study/sitting-exams/exams-calendar). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
- An intermediate written exam will be available to students attending the lectures: it will consist of 10 multiple choice questions and two open questions requiring comprehensive, yet short answer (5-10 lines); the test will count two-thirds of the final evaluation; those who decide not to take it will have to take the final oral exam on the whole programme.
- Students will also have the chance (and are encouraged) to participate actively through the following in-class team activity (at the beginning of the course, a part of the lecture will be devoted to the organisation of this activity):
In the last part of the course, 3 to 5 days will be devoted to simplified moot court exercises. Students will be asked to form up to 8 teams (each consisting of 3 to 6 students). Each team will choose a specific right or freedom to focus on and will be provided with a fictional case (a fictional statement of facts inspired by actual case law of a human rights monitoring body, e.g. the European Court of Human Rights). Within each team, three separate sub-groups will be created: (i) sub-group 1 ('the applicant') will draft and share in advance with both the teacher and the rest of the team a written statement on behalf of the individual applicant; (ii) sub-group 2 ('the respondent State') will receive and consider sub-group 1's written statement and, thereafter, draft and share in advance with both the teacher and the rest of the team a written statement on behalf of the respondent State; (iii) sub-group 3 ('the Court') will receive the two abovementioned written statement and, after studying the case, draft a judgment to be shared in advance with the teacher. Each team will then present its case before the rest of the class: both the applicant and the respondent State will have the chance to make their arguments; the Court will then deliver its judgment.
All written statements and presentation will be assessed and, at the end of the course; the assessment will count one-thirds of the final evaluation.
STUDENTS NOT ATTENDING THE LECTURES:
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your-programme-study/sitting-exams/exams-calendar). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your-programme-study/sitting-exams/exams-calendar). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
- An intermediate written exam will be available to students attending the lectures: it will consist of 10 multiple choice questions and two open questions requiring comprehensive, yet short answer (5-10 lines); the test will count two-thirds of the final evaluation; those who decide not to take it will have to take the final oral exam on the whole programme.
- Students will also have the chance (and are encouraged) to participate actively through the following in-class team activity (at the beginning of the course, a part of the lecture will be devoted to the organisation of this activity):
In the last part of the course, 3 to 5 days will be devoted to simplified moot court exercises. Students will be asked to form up to 8 teams (each consisting of 3 to 6 students). Each team will choose a specific right or freedom to focus on and will be provided with a fictional case (a fictional statement of facts inspired by actual case law of a human rights monitoring body, e.g. the European Court of Human Rights). Within each team, three separate sub-groups will be created: (i) sub-group 1 ('the applicant') will draft and share in advance with both the teacher and the rest of the team a written statement on behalf of the individual applicant; (ii) sub-group 2 ('the respondent State') will receive and consider sub-group 1's written statement and, thereafter, draft and share in advance with both the teacher and the rest of the team a written statement on behalf of the respondent State; (iii) sub-group 3 ('the Court') will receive the two abovementioned written statement and, after studying the case, draft a judgment to be shared in advance with the teacher. Each team will then present its case before the rest of the class: both the applicant and the respondent State will have the chance to make their arguments; the Court will then deliver its judgment.
All written statements and presentation will be assessed and, at the end of the course; the assessment will count one-thirds of the final evaluation.
STUDENTS NOT ATTENDING THE LECTURES:
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your-programme-study/sitting-exams/exams-calendar). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
Siti didattici
Docente/i
Ricevimento:
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