The institution of the Ombudsman is based on the idea that citizens should be entitled to complain against specific acts and behaviors of their rulers and that their complaints should be investigated by an independent body.
Thanks to a socio-legal method of analysis, students will be able to reflect upon the social function of the Ombudsman in Europe and its legal structure. The first step of the analysis is the comparison of various ombudsman-institutions all over the world. Finally, students will be able to illustrate the functions of Ombudsman institutions in their political, economical and cultural context. Students are requested to write a final paper about human rights practice or about the functioning of their national - international ombudsmen.
We will illustrate a theory of social action that allows us to grasp a trait of modern societies whose normative core produces strong participation expectations, in light of which elective action can only be oriented towards maximum participation and correspond to the only socially adequate behavior, even in the vast range of choices that open up on the acting subject's horizon. This aspect of modern societies has to do with the process of fundamental democratization and the affirmation of the culture of human rights. We will stress the dimension of participation in all the main fields of social action: the economic one (where the participation expectations concern both the production and the consumption subsystems), in those relating to culture, education and access to scientific, artistic and literary heritage and in the political-administrative and legal sector (where participation expectations also involve the welfare and public services systems). The general purpose of the Course is to explain how the Ombudsman can encourage citizen's participation and, in a new global era, take a part in the defense of human rights. In fact, Ombudsmen came to be seen as useful in helping to meet the problem of expanding bureaucracy in the modern welfare state and to improve human rights. In particular, the increase in the powers of discretion given to European governments led to a need of protection against administrative and police arbitrariness. In the second part of the course, workers' rights will be described as fundamental rights protected by international conventions and treaties. The current crisis is characterized by the reduction of legal safeguards, impoverishment of the middle classes, exploitation and increasing insecurity, accompanied by relocations, especially in third world countries where work, especially women and children, is underpaid and without rights. In order to defend human rights, it is necessary that politics prevail on the markets and on finance. According to a Keynesian vision, we need for a productive and real economy, which creates protected employment and growth. The means of protection of worker's rights will be illustrated, with particular regard to the forms of ADR (alternative solution of disputes) and in particular the Ombudsman of the UN.
Informazioni sul programma
This course inaugurates one the first Italian university tenures on the Ombudsman and will promote an activity of exchange with the other European universities which hold similar courses. This year, the focus of the course is centered on the Ombudsman's role in the defense of individual human rights in a Global mad modernized world. In particular, workers' rights will be highlighted as an experience of human rights. The ombudsman of the N.U. will be identified as a new tool for the transformation of the subjective rights of workers in this international organization
Materiale didattico e bibliografia
M. A. Quiroz Vitale, The ombudsman and the protection of human rights in Europe. Case study of Italian "Civic Defender", U.S.-China Law Review, vol. 11 n. 8, 2014.
M.A. Quiroz Vitale, Modernization Development and Law. Mimesis International, 2018