INTERNATIONAL PROTECTION OF FUNDAMENTAL RIGHTS
Learning outcomes of the course unit
Students are expected to acquire specialized knowledge in the field of the international protection of human rights.
At the end of the course, students will be able
- to understand and critically assess principles, norms and procedural mechanisms related to the above mentioned human rights system;
- to detect the main trends of development and autonomously deepen the study of other fields of human rights protection;
- to apply their knowledge to practical cases and to support their arguments with a correct terminology and adequate reasoning.
A good knowledge of basic principles of Public International Law is required. Students who did not take this exam in their previous studies are invited to contact the teacher during her office hours to agree some propedeutic readings to the present course.
Course contents summary
The course will focus on the protection of human rights in International Law. After a general overview, special attention will be paid both to main international legal instruments for the protection of human rights (Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, European Convention for the Protection of Human Rights and Fundamental Freedoms) and to related monitoring and enforcement mechanisms. Selected topics - such as the protection of women and children rights, the right to life, the prohibition of torture and the right to respect for private and family life - will be further explored through the analysis and discussion of international law cases.
Non-attending students: a video will be available on the Elly platform to provide some basic information on how to approach the study of the international protection of fundamental rights on the recommended handbook.
L. PINESCHI (ed.), La tutela internazionale dei diritti umani. Norme, garanzie e prassi, Giuffré, Milano, 2015, reprint with updates, the following pages only: 15-40; 67-147; 173-202; 232-408; 833-879.
Taught lessons: 40 hours.
Seminars: 8 hours.
During seminars, students shall analyze and discuss international documents taken from the practice of United Nations human rights bodies and prominent case-law of the European Court of Human Rights. All documents are available at the Elly Platform.
Assessment methods and criteria
Oral examination. Knowledge and understanding will be tested with at least two questions aimed to assessing the actual knowledge of international rules and related procedural mechanisms.
Applying knowledge and understanding will be assessed by inviting students to discuss one or more cases drawn by the case-law of an international human rights monitoring body (non-attending students) or one or more cases discussed during the course (attending students).
Communication skills will be tested by assessing students' capacity to provide thorough definitions, to use appropriate terminology and to explain the meaning of specific expressions or concepts.
Learning skills will be tested by means of an overall assessment of students' answers.
During the course, attending students will be invited to take three written tests on a voluntary basis. The purpose of this exercise is to monitor the students' learning level of some fundamental notions. The tests will consist in the discussion of one or more hypothetical cases. The outcome will be analyzed with the class to better clarify some concepts and to avoid further mistakes. The calendar of the written tests will be made known during the course.
Some topics will be covered in collaboration with invited experts in the field during ad hoc seminars or workshops.