International Human Rights Law
A.Y. 2024/2025
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: 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
Since the adoption of the Universal Declaration of Human Rights in 1948, to which the internationalization of human rights can be traced, these rights have been defined and identified with increasing precision in numerous international treaties, whether universal or regional in character and of general or specific content. "International Human Rights law" borns out of intense struggles and develop in constant contestations with power and power relations. It tends to achieve an advanced integration between the various national legal systems, over and above political divergences and disparities to the aim to protecting the human being and his dignity. However, while the formulation of protected rights at world level is very advanced, less progress has been made in their implementation. Indeed, recent events show that massive and repeated violations of human rights are spreading. The aim of this course is, therefore, to study not only the definition of human rights contained in the fundamental acts on the subject, but also the international supervisory mechanisms set up to check that the rights enunciated are effectively guaranteed within state systems.
The course is divided into three modules.
Module 1 introduces the development of Human Rights and International Human Rights Law, focusing on the system of IHRL at the global level, in particular on the Un Human Rights Treaty System.
Module 2 concerns the Regional Human Rights Treaty Systems, focusing on the European Convention of Human rights and its supervisory mechanism. A critical review of the European Court of Human Rights's jurisprudence and its impact on the development of international human rights law will be addresssed.
Module 3 introduces students to a selection of interrelated substantive human rights. Particular attention is paid to landmark decisions from international courts and monitoring bodies. Simplified moot court exercises.
The course is divided into three modules.
Module 1 introduces the development of Human Rights and International Human Rights Law, focusing on the system of IHRL at the global level, in particular on the Un Human Rights Treaty System.
Module 2 concerns the Regional Human Rights Treaty Systems, focusing on the European Convention of Human rights and its supervisory mechanism. A critical review of the European Court of Human Rights's jurisprudence and its impact on the development of international human rights law will be addresssed.
Module 3 introduces students to a selection of interrelated substantive human rights. Particular attention is paid to landmark decisions from international courts and monitoring bodies. Simplified moot court exercises.
Prerequisites for admission
Previous knowledge of international law, at least with reference to the following topics: subjects and sources of international law; the regimes of international responsibility. Students with no previous knowledge of the subject are encouraged to read a textbook of international law before the beginning of this course.
Teaching methods
Lectures (powerpoint presentations made available at https://ariel.unimi.it/).
In-class activity:
Individual research on and presentation of selected case law:
Analysis of a specific judgment/human rights document on a voluntary basis: study the judgment/document & give oral presentation in class.
This presentation may be awarded with the addition of up to 0.5 point to the final grade obtained for the course.
In-class team activity:
Simplified moot court exercises.
Up to 5 teams (each consisting of 3 to 6 students, organized in 3 sub-groups).
Choose a specific right/freedom to focus on from a list of fictional cases.
Drafting process within each team:
(i) sub-group 1 ('the applicant');
(ii) sub-group 2 ('the respondent State');
(iii) sub-group 3 ('the Court').
Presentation of the case before the rest of the class.
All written statements and presentation will be assessed and, at the end of the course, students involved in the best ones will be awarded with the addition of up to 2.0 points to the final grade obtained for the course
In-class activity:
Individual research on and presentation of selected case law:
Analysis of a specific judgment/human rights document on a voluntary basis: study the judgment/document & give oral presentation in class.
This presentation may be awarded with the addition of up to 0.5 point to the final grade obtained for the course.
In-class team activity:
Simplified moot court exercises.
Up to 5 teams (each consisting of 3 to 6 students, organized in 3 sub-groups).
Choose a specific right/freedom to focus on from a list of fictional cases.
Drafting process within each team:
(i) sub-group 1 ('the applicant');
(ii) sub-group 2 ('the respondent State');
(iii) sub-group 3 ('the Court').
Presentation of the case before the rest of the class.
All written statements and presentation will be assessed and, at the end of the course, students involved in the best ones will be awarded with the addition of up to 2.0 points to the final grade obtained for the course
Teaching Resources
STUDENTS ATTENDING THE LECTURES:
Notes taken in class and Powerpoint presentations and documents made available on the Course's page in the MyAriel platform
Students are invited to read carefully I. BANTEKAS AND L. OETTE, International Human Rights: Law and Practice, Cambridge University Press, 2024 (chapters will be indicated in due time on the Course's page in the MyAriel platform)
STUDENTS NOT ATTENDING THE LECTURES:
I. BANTEKAS AND L. OETTE, International Human Rights: Law and Practice, Cambridge University Press, 2024 (chapters will be indicated in due time on the Course's page in the MyAriel platform)
Notes taken in class and Powerpoint presentations and documents made available on the Course's page in the MyAriel platform
Students are invited to read carefully I. BANTEKAS AND L. OETTE, International Human Rights: Law and Practice, Cambridge University Press, 2024 (chapters will be indicated in due time on the Course's page in the MyAriel platform)
STUDENTS NOT ATTENDING THE LECTURES:
I. BANTEKAS AND L. OETTE, International Human Rights: Law and Practice, Cambridge University Press, 2024 (chapters will be indicated in due time on the Course's page in the MyAriel platform)
Assessment methods and Criteria
STUDENTS ATTENDING THE LECTURES:
- 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-programme-study/sitting-exams/exams-calendar). The final grade will include any additional points obtained from in-class activities.
STUDENTS NOT ATTENDING THE LECTURES:
- 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-programme-study/sitting-exams/exams-calendar).
- 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-programme-study/sitting-exams/exams-calendar). The final grade will include any additional points obtained from in-class activities.
STUDENTS NOT ATTENDING THE LECTURES:
- 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-programme-study/sitting-exams/exams-calendar).
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 60 hours
Professor:
Viarengo Ilaria
Shifts:
Turno
Professor:
Viarengo IlariaEducational website(s)
Professor(s)