Comparative Protection of Human Rights
A.Y. 2024/2025
Learning objectives
The course in "Comparative Human Rights Protection" is intended to promote a deep understanding of fundamental rights and liberties, and of fundamental rights protection. Different constitutional experiences will be considered through the comparative method. The analysis will focus on the constitutional evolution of fundamental rights and liberties, conventionally divided into three "generations", and on recent retrogressions.
Special attention shall be paid to national and supranational judicial remedies, with specific reference to the European context.
Special attention shall be paid to national and supranational judicial remedies, with specific reference to the European context.
Expected learning outcomes
Knowledge and understanding:
The course is expected to provide students specific notions on fundamental rights and liberties - and on fundamental rights protection, both at national and supranational level - in order to develop a critical understanding of the topic.
Applying knowledge and understanding:
Specific knowledge acquired through theoretical lessons, as well as through the analysis of case-studies, will be oriented to develop students' ability to provide a critical analysis and autonomous evaluation of complex phenomena. Students will gain practical skills in access to information and research activities. Interactive teaching activities will promote the use of institutional websites, scientific journals, and databases.
The course is expected to provide students specific notions on fundamental rights and liberties - and on fundamental rights protection, both at national and supranational level - in order to develop a critical understanding of the topic.
Applying knowledge and understanding:
Specific knowledge acquired through theoretical lessons, as well as through the analysis of case-studies, will be oriented to develop students' ability to provide a critical analysis and autonomous evaluation of complex phenomena. Students will gain practical skills in access to information and research activities. Interactive teaching activities will promote the use of institutional websites, scientific journals, and databases.
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
Course syllabus
Module I
The constitutional evolution of fundamental rights: rights and freedoms in the context of liberal State. Fundamental rights in liberal-democratic systems: rights and freedoms in the interwar constitutions, in the constitutions adopted in the aftermath of WWII, and their following development. The international protection of fundamental rights (ECHR, OSCE, EU). Final remarks on different "constitutional cycles".
Module II
The Protection of Fundamental Rights: institutional guarantees, quasi-judicial bodies (ombudsman), and judicial remedies. Constitutional courts and fundamental rights protection. The multilevel protection of fundamental rights: the European Court of Human Rights and the Court of Justice of the European Union.
The constitutional evolution of fundamental rights: rights and freedoms in the context of liberal State. Fundamental rights in liberal-democratic systems: rights and freedoms in the interwar constitutions, in the constitutions adopted in the aftermath of WWII, and their following development. The international protection of fundamental rights (ECHR, OSCE, EU). Final remarks on different "constitutional cycles".
Module II
The Protection of Fundamental Rights: institutional guarantees, quasi-judicial bodies (ombudsman), and judicial remedies. Constitutional courts and fundamental rights protection. The multilevel protection of fundamental rights: the European Court of Human Rights and the Court of Justice of the European Union.
Prerequisites for admission
Before the beginning of the course, students are strongly recommended to carefully review basic notions related to Comparative Public Law, Contemporary History (the international order in the aftermath of WWI, in the interwar period, at the end of WWII and after the fall of Communist regimes), and EU Law.
Teaching methods
The first part of the course includes a series of lectures that allow students to acquire knowledge of fundamental concepts, which will be assessed in the mid-term exam. The second part of the course includes different activities aimed at applying the acquired knowledge, promoting critical thinking, and improving presentation skills. The second part of the course will require a more active involvement of the students. The participation of international and national scholars is also foreseen to delve deeper into technical topics.
Teaching Resources
Module I
Attending students: Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 21-37, 49-58, 69-103, 153-295. Teaching material for attending students will be uploaded on Ariel Platform.
Non-attending students:
Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 21-37, 49-58, 69-103, 153-295. Teaching material for non-attending students will be uploaded on Ariel Platform.
Module II
Attending students: Teaching material will be provided by the lecturer.
Non-attending students:
Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 297-327.
Giuseppe Franco Ferrari, I diritti nel costituzionalismo globale: luci e ombre, Mucchi Editore, Modena, 2024.
Both attending and non-attending students are kindly invited to consult the European Union Agency for Fundamental Rights website, and in particular sections dedicated to each article of the European Charter of Fundamental Rights, https://fra.europa.eu/en/eu-charter/article/1-human-dignity.
Attending students: Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 21-37, 49-58, 69-103, 153-295. Teaching material for attending students will be uploaded on Ariel Platform.
Non-attending students:
Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 21-37, 49-58, 69-103, 153-295. Teaching material for non-attending students will be uploaded on Ariel Platform.
Module II
Attending students: Teaching material will be provided by the lecturer.
Non-attending students:
Giuseppe Franco Ferrari, Le libertà. Profili comparatistici, Giappichelli, Torino, 2011, pp. 297-327.
Giuseppe Franco Ferrari, I diritti nel costituzionalismo globale: luci e ombre, Mucchi Editore, Modena, 2024.
Both attending and non-attending students are kindly invited to consult the European Union Agency for Fundamental Rights website, and in particular sections dedicated to each article of the European Charter of Fundamental Rights, https://fra.europa.eu/en/eu-charter/article/1-human-dignity.
Assessment methods and Criteria
Attending students
Attending students will be offered the possibility to take an intermediate test on Module I (written examination). The intermediate test will assess acquired knowledge on Module I, students' ability to present an issue, and the ability to use the appropriate lexicon. In Module II, students will be more actively involved in lectures and they will be offered the possibility to attend seminars on current issues. The final examination (oral) is intended to test knowledge and new competencies acquired.
Attending students who do not take part in the intermediate test will be evaluated only through the final examination (oral).
Non-attending students
Non-attending students' knowledge, comprehension and critical thinking will be assessed through an oral test.
Attending students will be offered the possibility to take an intermediate test on Module I (written examination). The intermediate test will assess acquired knowledge on Module I, students' ability to present an issue, and the ability to use the appropriate lexicon. In Module II, students will be more actively involved in lectures and they will be offered the possibility to attend seminars on current issues. The final examination (oral) is intended to test knowledge and new competencies acquired.
Attending students who do not take part in the intermediate test will be evaluated only through the final examination (oral).
Non-attending students
Non-attending students' knowledge, comprehension and critical thinking will be assessed through an oral test.
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 40 hours
Professor:
Angeli Arianna
Shifts:
Turno
Professor:
Angeli AriannaProfessor(s)
Reception:
You are kindly requested to schedule the meeting in advance, writing an email.
Room 7 or Ms Teams (chat: arianna angeli or [email protected])