Laboratory:legal Clinic On Interculturality and Comparative Protection of Human Rights
A.Y. 2022/2023
Learning objectives
The Laboratory proposes the study of rights from a comparative perspective and the analysis of paradigmatic decisions of the European Court of Human Rights, the Inter-American Court on Human Rights, and national courts based on the 'clinical teaching method,' which adopts a problematic and experiential approach.
The objectives are to encourage the exercise of critical thinking and the acquisition of awareness of the complexity of legal phenomenology, starting from the comparative and interdisciplinary perspective, and to contribute to forming an awareness of the law as a tool for social change, to prevent conflicts and the proposition of public policies.
The objectives are to encourage the exercise of critical thinking and the acquisition of awareness of the complexity of legal phenomenology, starting from the comparative and interdisciplinary perspective, and to contribute to forming an awareness of the law as a tool for social change, to prevent conflicts and the proposition of public policies.
Expected learning outcomes
Develop knowledge of the proposed topics and specific skills, including the ability to develop strategies for solving concrete problems (problem-solving); specific analytical capacity; argumentative ability; the ability to act under pressure; interpersonal, organizational, and collaboration skills.
Lesson period: First trimester
Assessment methods: Giudizio di approvazione
Assessment result: superato/non superato
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
First trimester
Course syllabus
The subject of the laboratory is the international protection of human rights from a comparative perspective. It will first introduce students to the European and Inter-American regional human rights systems. Afterward, they will contact the practice of cases involving human rights to sensitize to the relevant legal, social, and political issues highlighted by the comparative approach. In this way, the analysis contributes to acquiring legal knowledge and forming an awareness of the law as a tool for social change, the prevention of conflicts, and the proposition of public policies.
The themes proposed for clinical analysis are as follows:
1. Rights to cultural identity and linguistic rights in the Strasbourg and San José Courts' case law
"Cultural rights" understood in a broad sense are acquiring increasing importance in the jurisprudence of regional courts, even regardless of the existence of specific rules in this regard. Often associated with cultural, ethnic, and linguistic minorities, therefore with especially vulnerable groups, they include specific rights and freedoms such as respect for private life, freedom of religion, freedom of expression, and right to education.
2. Prohibition of slavery and human trafficking
Slave labor and human trafficking are often correlated and currently often connected with the issues of smuggling of migrants (so-called smuggling) and with the protection of refugees. The analysis of regional positions will reveal the relevant international treaties' persecutory approach, the opportunity to implement institutional prevention policies (e.g. through the Defensor del Pueblo), and the need to avoid revictimization.
The themes proposed for clinical analysis are as follows:
1. Rights to cultural identity and linguistic rights in the Strasbourg and San José Courts' case law
"Cultural rights" understood in a broad sense are acquiring increasing importance in the jurisprudence of regional courts, even regardless of the existence of specific rules in this regard. Often associated with cultural, ethnic, and linguistic minorities, therefore with especially vulnerable groups, they include specific rights and freedoms such as respect for private life, freedom of religion, freedom of expression, and right to education.
2. Prohibition of slavery and human trafficking
Slave labor and human trafficking are often correlated and currently often connected with the issues of smuggling of migrants (so-called smuggling) and with the protection of refugees. The analysis of regional positions will reveal the relevant international treaties' persecutory approach, the opportunity to implement institutional prevention policies (e.g. through the Defensor del Pueblo), and the need to avoid revictimization.
Prerequisites for admission
Fundamentals of private law, public law and international law.
Teaching methods
The Laboratory adopts the clinical methodology and proposes the study of concrete cases through an interactive teaching method using experiential techniques.
The comparative approach contributes to the interdisciplinary perspective by highlighting general aspects of legal culture, which can constitute a fruitful source of social, political, and economic reflection.
Specifically, it proposes a critical analysis of the paradigmatic decisions of structural impact of the European and inter-American regional courts and, where relevant, the decisions adopted at a national level. Students shall work in small groups on concrete projects to promote respect for human rights through simulated practice (moot courts), brief-writing and memory processing, observation of terms, etc.
The comparative approach contributes to the interdisciplinary perspective by highlighting general aspects of legal culture, which can constitute a fruitful source of social, political, and economic reflection.
Specifically, it proposes a critical analysis of the paradigmatic decisions of structural impact of the European and inter-American regional courts and, where relevant, the decisions adopted at a national level. Students shall work in small groups on concrete projects to promote respect for human rights through simulated practice (moot courts), brief-writing and memory processing, observation of terms, etc.
Teaching Resources
Materials will be indicated by the teacher.
Assessment methods and Criteria
Compulsory attendance for at least 80% of the meetings and evaluation of group works and oral presentations.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 3
Laboratories: 20 hours
Professor:
Posenato Naiara
Professor(s)
Reception:
For in-person attendance, please contact [email protected] .
Department of Languages, Literatures, Cultures and Mediations - - Piazza Indro Montanelli, 1 Sesto San Giovanni Room 1048