Giurisprudenza | INTERNATIONAL HUMAN RIGHTS LAW

cod. 0160100106

INTERNATIONAL HUMAN RIGHTS LAW

	0160100106
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI
	LAW
	2014/2015

CURRICULUM INTERNAZIONALISTICO ord. 2006

	YEAR OF DIDACTIC SYSTEM 2006
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/13	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	THE COURSE AIMS TO FOSTER THE KNOWLEDGE OF THE TOPICAL ISSUES RELATING TO THE PROCESS OF INTERNATIONALIZATION OF HUMAN RIGHTS AND TO THE DIFFERENT REGIMES OF PROTECTION, BOTH UNIVERSAL AND REGIONAL, OPERATING IN TIMES OF PEACE AND DURING ARMED CONFLICT. THE AIM IS TO PROVIDE STUDENTS WITH THE NECESSARY TOOLS FOR THE INTERPRETATION OF THIS PHENOMENON IN ITS THEORETICAL AND PRACTICAL ASPECTS, WITH PARTICULAR ATTENTION TO THE RELEVANT QUESTIONS OF SUBSTANTIVE AND PROCEDURE LAW AND IN CONNECTION WITH THE INTERNATIONAL PERSONALITY OF THE INDIVIDUAL AND THEIR POSSIBILITY TO HAVE ACCESS TO INTERNATIONAL REMEDIES. THE COURSE AIMS TO ACHIEVE THE FOLLOWING LEARNING OUTCOMES: THE COURSE AIMS TO ACHIEVE THE FOLLOWING LEARNING OUTCOMES: GENERAL KNOWLEDGE OF INTERNATIONAL HUMAN RIGHTS LAW AND OF THE GUARANTEES PROVIDED BY THE INTERNATIONAL LEGAL ORDER; ABILITY TO ANALYZE WITH AWARENESS THE LEGAL PROBLEMS ARISING IN THE CONTEXT OF THE MULTILEVEL PROTECTION OF FUNDAMENTAL RIGHTS; ACQUISITION OF AN ARGUMENTATIVE METHOD SUITABLE TO DEVELOP THOSE ANALYTICAL SKILLS NECESSARY TO SOLVE COMPLEX SITUATIONS ARISING IN THE CONTEXT OF STUDY AND WORK; ABILITY TO IDENTIFY AND CRITICALLY INTERPRET THE COMPLEX INTERNATIONAL REGULATORY FRAMEWORK RELATED TO HUMAN RIGHTS IN THE SPECIFIC FIELD OF STUDY; ABILITY TO COMMUNICATE, WITHIN BOTH THE ACADEMIC AND THE SOCIAL COMMUNITY, INFORMATION, QUESTIONS AND POSSIBLE SOLUTIONS RELATED TO INTERNATIONALLY RELEVANT ISSUES CONCERNING THE PROTECTION OF INDIVIDUAL SITUATIONS , WITH PROPERTIES OF TECHNICAL LANGUAGE AND GOOD ARTICULATION OF THOUGHT; ACQUISITION OF THE REFERENCES AND TOOLS AS WELL AS OF THE LEARNING SKILLS REQUIRED TO FURTHER ENRICH THE SKILLS ALREADY ACQUIRED, WITH A VIEW TO EMPLOYING THEM FOR A THOROUGH EXAMINATION OF THE OTHER SUBJECTS TAUGHT IN THE COURSE OF STUDY.

THE COURSE AIMS TO FOSTER THE KNOWLEDGE OF THE TOPICAL ISSUES RELATING TO THE PROCESS OF INTERNATIONALIZATION OF HUMAN RIGHTS AND TO THE DIFFERENT REGIMES OF PROTECTION, BOTH UNIVERSAL AND REGIONAL, OPERATING IN TIMES OF PEACE AND DURING ARMED CONFLICT. THE AIM IS TO PROVIDE STUDENTS WITH THE NECESSARY TOOLS FOR THE INTERPRETATION OF THIS PHENOMENON IN ITS THEORETICAL AND PRACTICAL ASPECTS, WITH PARTICULAR ATTENTION TO THE RELEVANT QUESTIONS OF SUBSTANTIVE AND PROCEDURE LAW AND IN CONNECTION WITH THE INTERNATIONAL PERSONALITY OF THE INDIVIDUAL AND THEIR POSSIBILITY TO HAVE ACCESS TO INTERNATIONAL REMEDIES.
THE COURSE AIMS TO ACHIEVE THE FOLLOWING LEARNING OUTCOMES: THE COURSE AIMS TO ACHIEVE THE FOLLOWING LEARNING OUTCOMES: GENERAL KNOWLEDGE OF INTERNATIONAL HUMAN RIGHTS LAW AND OF THE GUARANTEES PROVIDED BY THE INTERNATIONAL LEGAL ORDER; ABILITY TO ANALYZE WITH AWARENESS THE LEGAL PROBLEMS ARISING IN THE CONTEXT OF THE MULTILEVEL PROTECTION OF FUNDAMENTAL RIGHTS; ACQUISITION OF AN ARGUMENTATIVE METHOD SUITABLE TO DEVELOP THOSE ANALYTICAL SKILLS NECESSARY TO SOLVE COMPLEX SITUATIONS ARISING IN THE CONTEXT OF STUDY AND WORK; ABILITY TO IDENTIFY AND CRITICALLY INTERPRET THE COMPLEX INTERNATIONAL REGULATORY FRAMEWORK RELATED TO HUMAN RIGHTS IN THE SPECIFIC FIELD OF STUDY; ABILITY TO COMMUNICATE, WITHIN BOTH THE ACADEMIC AND THE SOCIAL COMMUNITY, INFORMATION, QUESTIONS AND POSSIBLE SOLUTIONS RELATED TO INTERNATIONALLY RELEVANT ISSUES CONCERNING THE PROTECTION OF INDIVIDUAL SITUATIONS , WITH PROPERTIES OF TECHNICAL LANGUAGE AND GOOD ARTICULATION OF THOUGHT; ACQUISITION OF THE REFERENCES AND TOOLS AS WELL AS OF THE LEARNING SKILLS REQUIRED TO FURTHER ENRICH THE SKILLS ALREADY ACQUIRED, WITH A VIEW TO EMPLOYING THEM FOR A THOROUGH EXAMINATION OF THE OTHER SUBJECTS TAUGHT IN THE COURSE OF STUDY.

	Prerequisites
	KNOWLEDGE OF CONSTITUTIONAL LAW. IT IS HIGHLY RECOMMENDED THAT THIS COURSE BE ATTENDED AFTER HAVING STUDIED THE FUNDAMENTALS OF INTERNATIONAL LAW.

	Contents
	THE GENERAL PART OF THE COURSE WILL BE DEVOTED TO THE STUDY OF THE FOLLOWING TOPICS: ORIGINS AND EVOLUTION OF THE PROTECTION OF HUMAN RIGHTS IN INTERNATIONAL LAW: SOURCES AND MECHANISMS OF CONTROL - UNIVERSALISM, REGIONALISM AND MULTI-LEVEL PROTECTION - INDIVISIBILITY OF FUNDAMENTAL RIGHTS AND TRADITIONAL CATEGORIES (CIVIL AND POLITICAL RIGHTS - ECONOMIC, SOCIAL AND CULTURAL RIGHTS- RIGHTS OF THIRD AND FOURTH GENERATION) -- THE UNIVERSAL DECLARATION OF HUMAN RIGHTS - THE INTERNATIONAL COVENANTS OF THE UNITED NATIONS AND THEIR OPTIONAL PROTOCOLS - THE REGIONAL PROTECTION OF HUMAN RIGHTS - THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND ITS ADDITIONAL PROTOCOLS – THE EUROPEAN COURT OF HUMAN RIGHTS - HUMAN RIGHTS PROTECTION IN EUROPEAN UNION LAW - THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION - JUDICIAL PROTECTION OF FUNDAMENTAL RIGHTS BEFORE THE COURT OF JUSTICE OF THE EUROPEAN UNION - HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW - HUMAN RIGHTS AND INTERNATIONAL LAW CRIMINAL. FOR THE SPECIAL PART OF THE COURSE STUDENTS MAY CHOOSE BETWEEN TWO ALTERNATIVE PROGRAMS OF STUDY: A. HUMAN RIGHTS AND JUDICIAL COOPERATION IN CRIMINAL MATTERS - AREA OF FREEDOM, SECURITY AND JUSTICE AND EUROPEAN MINIMUM STANDARDS OF HUMAN RIGHTS PROTECTION - THE IMPACT OF THE ECHR ON CRIMINAL JUDICIAL COOPERATION IN THE EUROPEAN UNION B. RIGHT TO HEALTH AND HUMAN DIGNITY - PUBLIC HEALTH AND FUNDAMENTAL RIGHTS - BIOETHICS, HUMAN DIGNITY AND FUNDAMENTAL RIGHTS - SOURCES OF INTERNATIONAL BIOLAW - THE OVIEDO CONVENTION ON HUMAN RIGHTS AND BIOMEDICINE

Contents

THE GENERAL PART OF THE COURSE WILL BE DEVOTED TO THE STUDY OF THE FOLLOWING TOPICS: ORIGINS AND EVOLUTION OF THE PROTECTION OF HUMAN RIGHTS IN INTERNATIONAL LAW: SOURCES AND MECHANISMS OF CONTROL - UNIVERSALISM, REGIONALISM AND MULTI-LEVEL PROTECTION - INDIVISIBILITY OF FUNDAMENTAL RIGHTS AND TRADITIONAL CATEGORIES (CIVIL AND POLITICAL RIGHTS - ECONOMIC, SOCIAL AND CULTURAL RIGHTS- RIGHTS OF THIRD AND FOURTH GENERATION) -- THE UNIVERSAL DECLARATION OF HUMAN RIGHTS - THE INTERNATIONAL COVENANTS OF THE UNITED NATIONS AND THEIR OPTIONAL PROTOCOLS - THE REGIONAL PROTECTION OF HUMAN RIGHTS - THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND ITS ADDITIONAL PROTOCOLS – THE EUROPEAN COURT OF HUMAN RIGHTS - HUMAN RIGHTS PROTECTION IN EUROPEAN UNION LAW - THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION - JUDICIAL PROTECTION OF FUNDAMENTAL RIGHTS BEFORE THE COURT OF JUSTICE OF THE EUROPEAN UNION - HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW - HUMAN RIGHTS AND INTERNATIONAL LAW CRIMINAL.
FOR THE SPECIAL PART OF THE COURSE STUDENTS MAY CHOOSE BETWEEN TWO ALTERNATIVE PROGRAMS OF STUDY:
A. HUMAN RIGHTS AND JUDICIAL COOPERATION IN CRIMINAL MATTERS - AREA OF FREEDOM, SECURITY AND JUSTICE AND EUROPEAN MINIMUM STANDARDS OF HUMAN RIGHTS PROTECTION - THE IMPACT OF THE ECHR ON CRIMINAL JUDICIAL COOPERATION IN THE EUROPEAN UNION
B. RIGHT TO HEALTH AND HUMAN DIGNITY - PUBLIC HEALTH AND FUNDAMENTAL RIGHTS - BIOETHICS, HUMAN DIGNITY AND FUNDAMENTAL RIGHTS - SOURCES OF INTERNATIONAL BIOLAW - THE OVIEDO CONVENTION ON HUMAN RIGHTS AND BIOMEDICINE

	Teaching Methods
	THE COURSE IS SEMESTRAL AND CONSISTS OF 72 HOURS OF CLASSES (LECTURES, PRACTICALS AND SEMINARS WITH THE PARTICIPATION OF TEACHERS COMING FROM FOREIGN UNIVERSITIES AND RESEARCH CENTERS). THE COURSE IS COMPLETED WITH OTHER EDUCATIONAL ACTIVITIES ORGANIZED BY THE OBSERVATORY ON HUMAN RIGHTS: BIOETHICS, HEALTH, ENVIRONMENT. THE TEACHING LANGUAGE IS ITALIAN, WITH THE POSSIBILITY TO OFFER SEMINARS AND MODULES IN ENGLISH, FRENCH OR SPANISH.

Teaching Methods

THE COURSE IS SEMESTRAL AND CONSISTS OF 72 HOURS OF CLASSES (LECTURES, PRACTICALS AND SEMINARS WITH THE PARTICIPATION OF TEACHERS COMING FROM FOREIGN UNIVERSITIES AND RESEARCH CENTERS). THE COURSE IS COMPLETED WITH OTHER EDUCATIONAL ACTIVITIES ORGANIZED BY THE OBSERVATORY ON HUMAN RIGHTS: BIOETHICS, HEALTH, ENVIRONMENT.
THE TEACHING LANGUAGE IS ITALIAN, WITH THE POSSIBILITY TO OFFER SEMINARS AND MODULES IN ENGLISH, FRENCH OR SPANISH.

	Verification of learning
	ATTENDING STUDENTS: FINAL ORAL EXAMINATION, WHICH TAKES INTO ACCOUNT THE STUDENTS’ ACTIVE PARTICIPATION TO LECTURES AND OTHER EDUCATIONAL ACTIVITIES AS WELL AS THE RESULTS OBTAINED IN THE INTER-COURSE TEST. NON-ATTENDING STUDENTS: FINAL ORAL EXAMINATION. FOR ALL STUDENTS THE EVALUATION CRITERIA OF THE ORAL EXAMINATION WILL BE THE FOLLOWING: 1) ABILITY TO DEVELOP A COMPLEX DISCOURSE; 2) ABILITY TO EXPOSE ARGUMENTS CLEARLY AND WITH APPROPRIATE TECHNICAL-LEGAL LANGUAGE; 3) ABILITY TO OFFER A SYSTEMATIC AND ORGANIC SYNTHESIS OF THE FUNDAMENTALS OF THE INTERNATIONAL REGIMES OF HUMAN RIGHTS PROTECTION.

Verification of learning

ATTENDING STUDENTS: FINAL ORAL EXAMINATION, WHICH TAKES INTO ACCOUNT THE STUDENTS’ ACTIVE PARTICIPATION TO LECTURES AND OTHER EDUCATIONAL ACTIVITIES AS WELL AS THE RESULTS OBTAINED IN THE INTER-COURSE TEST.
NON-ATTENDING STUDENTS: FINAL ORAL EXAMINATION.
FOR ALL STUDENTS THE EVALUATION CRITERIA OF THE ORAL EXAMINATION WILL BE THE FOLLOWING:
1) ABILITY TO DEVELOP A COMPLEX DISCOURSE;
2) ABILITY TO EXPOSE ARGUMENTS CLEARLY AND WITH APPROPRIATE TECHNICAL-LEGAL LANGUAGE;
3) ABILITY TO OFFER A SYSTEMATIC AND ORGANIC SYNTHESIS OF THE FUNDAMENTALS OF THE INTERNATIONAL REGIMES OF HUMAN RIGHTS PROTECTION.

	Texts
	GENERAL PART: C. ZANGHI’, LA PROTEZIONE INTERNAZIONALE DEI DIRITTI DELL’UOMO, III EDIZIONE, GIAPPICHELLI EDITORE, TORINO, 2013 - CHAPTERS I, II (PP. 94-132), IV (PP. 187-275), V PARA. D (PP. 374-410) SPECIAL PART: L. KALB E S. NEGRI, STUDI IN MATERIA DI COOPERAZIONE GIUDIZIARIA PENALE, ESTRATTO DA L. KALB (A CURA DI), “SPAZIO EUROPEO DI GIUSTIZIA” E PROCEDIMENTO PENALE ITALIANO. ADATTAMENTI NORMATIVI E APPRODI GIURISPRUDENZIALI, GIAPPICHELLI EDITORE, TORINO, 2013 (CHAPTER I, PP. 1-38) OR L. MARINI, IL DIRITTO INTERNAZIONALE E COMUNITARIO DELLA BIOETICA, II ED., GIAPPICHELLI EDITORE, TORINO, 2012 (PART I, PP. 1-59)

Texts

GENERAL PART: C. ZANGHI’, LA PROTEZIONE INTERNAZIONALE DEI DIRITTI DELL’UOMO, III EDIZIONE, GIAPPICHELLI EDITORE, TORINO, 2013 - CHAPTERS I, II (PP. 94-132), IV (PP. 187-275), V PARA. D (PP. 374-410)
SPECIAL PART:
L. KALB E S. NEGRI, STUDI IN MATERIA DI COOPERAZIONE GIUDIZIARIA PENALE, ESTRATTO DA L. KALB (A CURA DI), “SPAZIO EUROPEO DI GIUSTIZIA” E PROCEDIMENTO PENALE ITALIANO. ADATTAMENTI NORMATIVI E APPRODI GIURISPRUDENZIALI, GIAPPICHELLI EDITORE, TORINO, 2013 (CHAPTER I, PP. 1-38)
OR
L. MARINI, IL DIRITTO INTERNAZIONALE E COMUNITARIO DELLA BIOETICA, II ED., GIAPPICHELLI EDITORE, TORINO, 2012 (PART I, PP. 1-59)

	More Information
	THE ORGANIZATION OF THE COURSE IS STRUCTURED TO STIMULATE THE ACTIVE PARTICIPATION OF THE STUDENTS WHO ATTEND REGULARLY. STUDENTS WHO DO NOT ATTEND MAY BENEFIT FROM TUTORIAL ACTIVITIES AND REQUEST EDUCATIONAL MATERIALS DISTRIBUTED IN CLASS.

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