HUMAN RIGHTS AND CONSTITUTIONAL LAW
Learning outcomes of the course unit
The course aims to provide the theoretical, conceptual and
methodological tools to analyze the process of positivization and the evolution of human rights, in the national, supranational and
international law. The course aims to provide students with a better understanding of models and techniques for the protection of fundamental rights through the analysis of the constitutional case law, and of other courts judgments.
Skills and abilities acquired at the end of the course:
- the knowledge of the main universal and regional systems of human rights protection with particular attention to the European Convention of Human Rights and Fundamental Freedoms and to the Charter of Fundamental Rights of the European Union.
- the knowledge of methods for protecting civil and political rights, economic, social and cultural rights in the context of universal and
regional systems of protection of fundamental freedoms.
- critical analysis of national, international, and supranational law on human rights; critical analysis of the national and
supranational courts case law regarding human rights.
Course contents summary
This course is designed to provide a comprehensive background on liberties and fundamental rights as essential content of the contemporary constitutionalism.
The first section of the course will regard the development of human rights in an historical perspective; the philosophical basis of human rights; the legal concept of human rights; methods
of interpreting human rights, the internationalization of human rights and the promotion and protection of human rights within universal and regional levels.
Particular attention will be paid to the courts' judgments, due to the decisive role of judges (constitutional, national and supranational) in the effective protection of individual rights.
The second section of the course will consider issues of the recent social and cultural debate through practical activities and didactic laboratories.
Among the many issues concerning the protection of human rights the course will focus on: rights, duties and solidarity:
the constitutional project of social justice, social rights and economic inequality, welfare State, financial crisis and
public finance Equilibrium, the economic sustainability of the welfare state and of social policies, workers’ rights and transformations of the
labour market; human rights over time: environment, cultural heritage, future generations; civil rights and anti-discrimination policies (families
and new family models, equal opportunities); body, sexuality, life technologies: the right to the sexual identity, ethical and juridical conflicts in the face of the medically assisted procreation, end-life decisions,
the protection of health and the freedom of choice; rights in
the evolution of communication technologies (internet, social networks, etc.); rights in the perspective of cultural and religious pluralism.
For the general part:
- C. Colapietro, M. Ruotolo, Diritti e libertà, Torino, Giappichelli, 2014 (excluding the "Appendice giurisprudenziale").
For the special part:
- E. Malfatti, I "livelli" di tutela dei diritti fondamentali nella dimensione europea, Torino, Giappichelli, 2013 (only chapters II, III, IV);
- P. Manzini, A. Lollini, Diritti fondamentali in Europa. Un casebook, Il Mulino, Bologna, 2015 (students are free to choose five papers)
The course will take place mainly through frontal lessons.
As part of the training, seminars regarding relevant issues will be organized, also with scholars from other Italian and foreign universities.
Assessment methods and criteria
Oral examination. Students will be required to demonstrate that they have acquired (a) a good knowledge of the fundamental categories related to the conceptualization, positivization and internationalization of human
rights, (b) ability to critical analysis of regulatory models and case law for the protection of human rights