International Human Rights Law
A.Y. 2024/2025
Learning objectives
Building on the knowledge in international law already acquired, the course aims to provide students with a general understanding of international and regional systems for the protection of human rights, their origins, how the institutions charged with monitoring human rights protection actually operate, the outcomes achieved, and the factors that hinder the achievement of a more complete integration (that should focus on the human being and the protection of human dignity, irrespective of political divergences and developmental disparities between states).
Specific cases will be debated constantly in the class with the aim of fostering a critical understanding of the most recent developments. In particular, teaching will focus on the current role and limitations of human rights law in international relations in the face of repeated and mass violations, and will highlight the dialectical relationship within legal systems between national security and the protection of the individual, which is often used to justify the restriction of certain human rights.
Specific cases will be debated constantly in the class with the aim of fostering a critical understanding of the most recent developments. In particular, teaching will focus on the current role and limitations of human rights law in international relations in the face of repeated and mass violations, and will highlight the dialectical relationship within legal systems between national security and the protection of the individual, which is often used to justify the restriction of certain human rights.
Expected learning outcomes
Upon completion of the course, students will understand the legal frameworks in place for the protection of basic human rights and the legal remedies available at an international and regional level. They will also be able to apply that knowledge to specific cases in order to demand that those rights are respected and protected, and will be able to express their arguments with due legal reasoning and precise vocabulary.
By actively participating in classroom activities, students will also learn to critically evaluate complex international legal issues concerning the workings of international systems for the protection of human rights, including issues arising from current events. They will also learn to identify any critical issues that arise in terms of international relations and the relationships between international and domestic law. These skills will prove particularly valuable to students intending to work for international organisations, in diplomacy or in international relations in general.
By actively participating in classroom activities, students will also learn to critically evaluate complex international legal issues concerning the workings of international systems for the protection of human rights, including issues arising from current events. They will also learn to identify any critical issues that arise in terms of international relations and the relationships between international and domestic law. These skills will prove particularly valuable to students intending to work for international organisations, in diplomacy or in international relations in general.
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
- Students attending the lectures:
UNIT 1
The protection of international human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; UN human rights treaties.
UNIT 2
The protection of international human rights at the regional level: the Council of Europe; the European Convention on Human Rights; fundamental Rights in the European Union (an overview); derogations in times of emergency.
UNIT 3
Selected human rights. Through the analysis of relevant international case law, this unit aims at examining selected human rights, e.g. the right to life, the prohibition of torture, fair trial guarantees, the right to respect for one's private and family life, freedom of religion, and the prohibition of discrimination.
- Students may choose to take part in a team activity and thereby be exempted from studying part of the materials. Each group will be assigned a specific topic, i.e. the right or freedom to be examined through the analysis of relevant international case law (e.g. the judgments of the European Court of Human Rights), as well as a fictional practical case concerning this topic. Each group will then work on and submit two separate statements (one on behalf of the individual applicant; the other on behalf of the respondent State), as well as the final judgment of the court in question, defending their legal arguments and including a list of references (applicable law; literature; case law). The case will then be presented in class and a public discussion will take place. All students actively participating in this team activity will be exempted from studying most of the judgments included in the course's materials (see Materials for students attending the lectures).
- All students who, whilst actually attending the lectures, choose not to take part in this team activity will be required to study the same materials as those not attending the lectures (see Materials for students not attending the lectures).
- Students not attending the lectures:
1. The protection of international human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; UN human rights treaties.
2. The protection of international human rights at the regional level: the Council of Europe; the European Convention on Human Rights; fundamental Rights in the European Union (an overview); derogations in times of emergency.
3. Selected human rights. Through the analysis of relevant international case law, this unit aims at examining selected human rights, e.g. the right to life, the prohibition of torture, fair trial guarantees, the right to respect for one's private and family life, freedom of religion, and the prohibition of discrimination.
UNIT 1
The protection of international human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; UN human rights treaties.
UNIT 2
The protection of international human rights at the regional level: the Council of Europe; the European Convention on Human Rights; fundamental Rights in the European Union (an overview); derogations in times of emergency.
UNIT 3
Selected human rights. Through the analysis of relevant international case law, this unit aims at examining selected human rights, e.g. the right to life, the prohibition of torture, fair trial guarantees, the right to respect for one's private and family life, freedom of religion, and the prohibition of discrimination.
- Students may choose to take part in a team activity and thereby be exempted from studying part of the materials. Each group will be assigned a specific topic, i.e. the right or freedom to be examined through the analysis of relevant international case law (e.g. the judgments of the European Court of Human Rights), as well as a fictional practical case concerning this topic. Each group will then work on and submit two separate statements (one on behalf of the individual applicant; the other on behalf of the respondent State), as well as the final judgment of the court in question, defending their legal arguments and including a list of references (applicable law; literature; case law). The case will then be presented in class and a public discussion will take place. All students actively participating in this team activity will be exempted from studying most of the judgments included in the course's materials (see Materials for students attending the lectures).
- All students who, whilst actually attending the lectures, choose not to take part in this team activity will be required to study the same materials as those not attending the lectures (see Materials for students not attending the lectures).
- Students not attending the lectures:
1. The protection of international human rights at the universal level: the UN Charter system; the Universal Declaration of Human Rights; UN human rights treaties.
2. The protection of international human rights at the regional level: the Council of Europe; the European Convention on Human Rights; fundamental Rights in the European Union (an overview); derogations in times of emergency.
3. Selected human rights. Through the analysis of relevant international case law, this unit aims at examining selected human rights, e.g. the right to life, the prohibition of torture, fair trial guarantees, the right to respect for one's private and family life, freedom of religion, and the prohibition of discrimination.
Prerequisites for admission
Having passed the exam of international law is a prerequisite for taking the exam and it is also recommended for attending the course.
Teaching methods
Lectures (supported by powerpoint presentations). Presentation and discussion of relevant practical cases. Possible active participation of students (see Programme for studentes attending the lectures, point 3).
Teaching Resources
- Students attending the lectures: Notes taken in class, as well as the following book: I. Viarengo, M. Franchi, Tutela internazionale dei diritti umani: casi e materiali, Giappichelli, Torino, 2016, p. 3-156, 263-278, 289-332. See also the materials uploaded on MyAriel.
- Students not attending the lectures: The following books: I. Viarengo, M. Franchi, Tutela internazionale dei diritti umani: casi e materiali, Giappichelli, Torino, 2016, p. 3-332; C. Focarelli, La persona umana nel diritto internazionale, Il Mulino, 2013: Introduzione, Capitolo I (Storia dei diritti umani), Capitolo V (Diritti protetti), Capitolo VI (Organi internazionali di controllo), pp. 13-40, 121-276. See also the materials uploaded on MyAriel.
- Students not attending the lectures: The following books: I. Viarengo, M. Franchi, Tutela internazionale dei diritti umani: casi e materiali, Giappichelli, Torino, 2016, p. 3-332; C. Focarelli, La persona umana nel diritto internazionale, Il Mulino, 2013: Introduzione, Capitolo I (Storia dei diritti umani), Capitolo V (Diritti protetti), Capitolo VI (Organi internazionali di controllo), pp. 13-40, 121-276. See also the materials uploaded on MyAriel.
Assessment methods and Criteria
- Students attending the lectures: Oral exam aimed at assessing the students' knowledge of the topics included in the programme and their ability to convey relevant concepts and ideas clearly and thoroughly. Students may choose to take part in a team activity and thereby be exempted from studying part of the materials (see Programme for students attending the lectures, point 3).
- Students not attending the lectures: Oral exam aimed at assessing the students' knowledge of the topics included in the programme and their ability to convey relevant concepts and ideas clearly and thoroughly.
- Students not attending the lectures: Oral exam aimed at assessing the students' knowledge of the topics included in the programme and their ability to convey relevant concepts and ideas clearly and thoroughly.
Modulo
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor:
Buscemi Martina
Modulo
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor:
Viarengo Ilaria
Modulo
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor(s)
Reception:
To set up an appointment, please write an e-mail to: [email protected]