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. At the end of the course students are expected to have acquired these skills and abilities: - 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. - 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.
Students enrolled in the first year from the academic 2013/2014, in order to take the exam of Human rights and Constitutional Law must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law, Constitutional Law. Students enrolled in the first year in years 2012-2013; 2011-2012; 2010-2011, in order to take the exam of Constitutional law II/Human rights and Constitutional Law, must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law
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, last edition (only chapters II, III, and Conclusions).
The first part of the course will take place mainly through teacher-fronted lessons, favoring the dialogue and the interaction with the students. The second part of the course will take place with actively participation of the students, through group works concerning text analysis and text production about case study assignment. As part of the program, seminars on particularly relevant issues will be organized, also with scholars of other universities. Some teaching material (laws, judgments, doctrine essays) will be loaded on Elly. To download this material, online registration is required.
Assessment methods and criteria
The final evaluation (vote on thirty) takes the form of an oral examinatio with at least three questions, with reference to the suggested readings. The test is aimed at verifying the knowledge of the program, the reasoning ability, the logic of argumentation. 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. The test is aimed at verifying student's ability to synthesize, communicative and expressive skills, as well as successful acquisition of the appropriate legal language. The sufficient threshold is considered to be achieved when the student has demonstrated knowledge and understanding of the institutes of the program and is able to implement the correct interactions among the various parts of the program. If this is not achieved, the exam will be considered inadequate.