International Human Rights Law
A.Y. 2021/2022
Learning objectives
The course is designed i) to give students a global understanding of the origins, functioning, and limits of the international systems of protection of human rights, as well as contemporary developments in the field, ii) to provide them with practical skills in legal reasoning and arguing on both cases and current events that give raise to questions regarding the addressed topics. It aims not only at equipping students with appropriate knowledge of the issues examined in class, but also with the tools to address legal questions originating from a practical case, to acquire language skills and, in the long term, to apply international law principles in a professional and competent manner.
Expected learning outcomes
By the end of this course, students should be able to: - Have a deep and detailed knowledge of public international human rights law; - Acquire ability to argue and evaluate complicated international legal issues, also arising from current events; - Understand and evaluate critically legal issues regarding the functioning of the international systems of protection of human rights; - Acquire communication skills (written and oral) as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
Course syllabus
I - GENERAL PART
1. The protection of human rights in international law: an overview
2. The sources of international human rights law:
- International human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; the UN human rights treaty system.
- Regional human rights treaty systems: the European human rights system; the inter-American human rights system; the African human rights system.
- Human rights Treaties: interpretation, the territorial scope of application, reservations, and derogations
- Human rights as general norms: custom, general principles of international law, and jus cogens
3. State responsibility for the violation of human rights
- Inter-state procedures: the erga omnes (partes) character of obligations;
- The individual complaint procedures (UN committees and ECtHR)
- Collective enforcement of human rights? The responsibility to protect and humanitarian intervention
4. Compliance and monitoring mechanisms
- The UN Charter-based monitoring mechanism: universal periodic review and special procedures
- The UN treaty-based monitoring mechanism: Reporting obligations
5. The substantive obligations arising from international human rights norms
- Obligations to respect (absolute vs relative rights)
- Obligations to protect
- Obligations to fulfil
II - SPECIAL PART AND WORKSHOPS
In the second part of the Course, workshops on selected topics will be organised. The topics will be tailored to students' preferences and can include the following:
- The prohibition of discrimination
- The right to private and family life
- Human rights and science
- UN operations and human rights
- Fight against terrorism and human rights
- Human rights and international criminal justice
....
1. The protection of human rights in international law: an overview
2. The sources of international human rights law:
- International human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; the UN human rights treaty system.
- Regional human rights treaty systems: the European human rights system; the inter-American human rights system; the African human rights system.
- Human rights Treaties: interpretation, the territorial scope of application, reservations, and derogations
- Human rights as general norms: custom, general principles of international law, and jus cogens
3. State responsibility for the violation of human rights
- Inter-state procedures: the erga omnes (partes) character of obligations;
- The individual complaint procedures (UN committees and ECtHR)
- Collective enforcement of human rights? The responsibility to protect and humanitarian intervention
4. Compliance and monitoring mechanisms
- The UN Charter-based monitoring mechanism: universal periodic review and special procedures
- The UN treaty-based monitoring mechanism: Reporting obligations
5. The substantive obligations arising from international human rights norms
- Obligations to respect (absolute vs relative rights)
- Obligations to protect
- Obligations to fulfil
II - SPECIAL PART AND WORKSHOPS
In the second part of the Course, workshops on selected topics will be organised. The topics will be tailored to students' preferences and can include the following:
- The prohibition of discrimination
- The right to private and family life
- Human rights and science
- UN operations and human rights
- Fight against terrorism and human rights
- Human rights and international criminal justice
....
Prerequisites for admission
Previous knowledge of international law. Students with no previous knowledge are encouraged to read a textbook of international law before the beginning of this course.
Teaching methods
Classes will alternate traditional lectures and learning-by-doing exercises (case-study discussions, moots, group work). Lectures (powerpoint presentations) will be made available after each lecture at https://ariel.unimi.it/.
Teaching Resources
ATTENDING STUDENTS:
Class notes, assigned readings as well as the following text: I. Bantekas and L. Oette, International Human Rights: Law and Practice, Cambridge University Press, 2020, Chapters 1, 4-8, 14, 16.
NON-ATTENDING STUDENTS:
I. Bantekas and L. Oette, International Human Rights: Law and Practice, Cambridge University Press, 2020, Chapters 1-2, 4-9, 11-12, 14, 16-18.
Class notes, assigned readings as well as the following text: I. Bantekas and L. Oette, International Human Rights: Law and Practice, Cambridge University Press, 2020, Chapters 1, 4-8, 14, 16.
NON-ATTENDING STUDENTS:
I. Bantekas and L. Oette, International Human Rights: Law and Practice, Cambridge University Press, 2020, Chapters 1-2, 4-9, 11-12, 14, 16-18.
Assessment methods and Criteria
ATTENDING STUDENTS:
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your- ). The oral exam will be based on questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
- An intermediate written exam will be available to students attending the lectures: it will consist of both multiple-choice and open questions. It will account for two third of the final grade. Please note: students are encouraged (but are not obliged) to take this intermediate exam; those who decide not to take it will have to take the final oral exam on the whole programme.
- Students will also have the chance (and are encouraged) to participate actively through the proposed in-class activities.
NON-ATTENDING STUDENTS:
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your- ). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your- ). The oral exam will be based on questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
- An intermediate written exam will be available to students attending the lectures: it will consist of both multiple-choice and open questions. It will account for two third of the final grade. Please note: students are encouraged (but are not obliged) to take this intermediate exam; those who decide not to take it will have to take the final oral exam on the whole programme.
- Students will also have the chance (and are encouraged) to participate actively through the proposed in-class activities.
NON-ATTENDING STUDENTS:
- Oral exam at the end of the course (several dates will be available; please check the University's website in due time: https://www.unimi.it/en/study/bachelor-and-master-study/following-your- ). The oral exam will be based on three or more questions aimed at assessing students' capacity to understand and effectively discuss all topics included in the programme, as well as on their ability to apply their knowledge to practical cases.
Professor(s)