Learning objectives
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.
Prerequisites
A good knowledge of basic principles of International Law is required. Students who did not take this exam in their previous studies are invited to contact the professor during her office hours to agree some propedeutic readings to the present course.
Course unit content
The course will focus on the protection of human rights in International Law. After a general overview, special attention will be paid to the 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 the related monitoring and enforcement mechanisms. Selected topics - such as the protection of 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 the practice of the international monitoring bodies and the jurisprudence of international courts and tribunals.
Full programme
The course is structured in two parts:
FIRST PART
HUMAN RIGHTS PROTECTION AT THE WORLD LEVEL
Week 1:
- introduction to the topic through the analysis of the historic evolution of human rights protection and the description of main general principles;
- human rights protection in the UN Charter;
- the Universal Declaration of Human Rights.
Week 2
- The Human Rights Council; membership, functions;
- the monitoring mechanisms: the Universal Periodic Review; the special procedures; the individual claims;
- discussion of selected cases.
Week 3
- The International Covenant on Civil and Political Rights and the Optional Protocol of 1966;
- the Human Rights Committee: membership and functions;
- discussion of selected cases.
Week 4
- The International Covenant on Economic, Social and Cultural Rights of 1966 and the Optional Protocol of 2008;
- the Commitee on Economic, Social and Cultural Rights: membership and functions;
- discussion of selected cases.
SECOND PART
HUMAN RIGHTS PROTECTION UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Week 5
- The European Convention on Human Rights and its monitoring sysytem;
- the European Court on Human Rights: membership and functions;
- discussion of some selected cases from the European Court's jurisprudence.
Week 6
- The prohibition of torture: notion in the main international legal instruments;
- Article 3 of the European Conventione: an absolute and inderogable prohibition;
- discussion of some selected cases from the European Court's jurisprudence.
Week 7
- The right to life: notion in the main international legal instruments;
- Article 2 of the European Convention: its scope (beginning and end of life);
- discussion of some selected cases from the European Court's jurisprudence.
Week 8
- Protection of the private and family right: notion and regulation in the main international legal instruments;
- Article 8 of the European Convention: its scope (unlawful interferences; environmental protection through the extensive interpretation provided by the European Court);
Corte europea);
- discussion of some selected cases from the European Court's jurisprudence.
Bibliography
Students attending courses (i.e. students who have attended at least 85% of in-person lessons):
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; 281-408; 833-879.
Non attending students:
L. PINESCHI (a cura di), La tutela internazionale dei diritti umani. Norme, garanzie e prassi, Giuffré, Milano, 2015, reprint with updates, the following parties only: pp. 15-40; 67-147; 173-202; 232-408; 833-879.
Teaching methods
The course alternates lectures, seminars and practical exercises. The lessons follow an innovative approach to teaching: learning is favored by the active participation of students and by the constant interaction between the professor and students.
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 case drawn by the case-law of an international human rights monitoring body (non-attending students) or one case 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.
Other information
Some topics will be covered in collaboration with invited experts in the field during ad hoc seminars or workshops.
