Public Health and Sustainability
A.Y. 2024/2025
Learning objectives
- understand the general constitutional law and international law framework regulating right to health
- understand the constitutional principles that regulate Public Health in constitutional law
- explore the synergies between the SDG no. 3 and the right to health
- acquire and understanding of the constitutional framework on the balance between right to health and other constitutional rights, interests or principles
- acquire an understanding of the legal frameworks on intellectual property rights (patents) on pharmaceutical products
- analyze the rules and regulations aimed at managing epidemics at both the domestic level and the international level
- outline the interplay between human right law and other rules of constitutional and international law, including international trade law, in the field of health protection
- understand the constitutional principles that regulate Public Health in constitutional law
- explore the synergies between the SDG no. 3 and the right to health
- acquire and understanding of the constitutional framework on the balance between right to health and other constitutional rights, interests or principles
- acquire an understanding of the legal frameworks on intellectual property rights (patents) on pharmaceutical products
- analyze the rules and regulations aimed at managing epidemics at both the domestic level and the international level
- outline the interplay between human right law and other rules of constitutional and international law, including international trade law, in the field of health protection
Expected learning outcomes
Intellectual property rights, public health and TRIPS waivers to tackle coronavirus:
- have advanced knowledge of the right to health under constitutional law and international human rights law;
- assess the interplay between constitutional law, human rights law and other rules of international law, including international trade law;
- assess the interplay between constitutional law, human rights law and the role of the State in the matter of health protection;
- demonstrate an ability to independently identify and analyse problems related to constitutional, international and regional law especially in relation to the protection of public health ant its linkages with the concept of sustainable development;
- practical abilities to research constitutional law, international law and regulations governing public health and intellectual property rights on pharmaceutical products;
- improve oral and written skills, including arguing convincingly with the professor and with classmates, with logical and legal thoroughness and propriety of language
- have advanced knowledge of the right to health under constitutional law and international human rights law;
- assess the interplay between constitutional law, human rights law and other rules of international law, including international trade law;
- assess the interplay between constitutional law, human rights law and the role of the State in the matter of health protection;
- demonstrate an ability to independently identify and analyse problems related to constitutional, international and regional law especially in relation to the protection of public health ant its linkages with the concept of sustainable development;
- practical abilities to research constitutional law, international law and regulations governing public health and intellectual property rights on pharmaceutical products;
- improve oral and written skills, including arguing convincingly with the professor and with classmates, with logical and legal thoroughness and propriety of language
Lesson period: First semester
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 semester
Course syllabus
· Intellectual property rights, public health and TRIPS waivers to tackle coronavirus
The course aims at providing students with the legal tools and the proper legal method to deal with public health and sustainable development in global trade law. The course focuses on:
- Human rights & right to health in international public law. Selected case-law by the European Court of Human Rights
- The linkages between the right to health and the UN 2030 Sustainable Development Agenda
- The roles of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and of the World Trade Organization (WTO)
- The legal frameworks on intellectual property rights on pharmaceutical products: the flexibility regime
- The issue of a TRIPS waiver to tackle coronavirus
- Public health, bioethics & right to health
A detailed syllabus will be uploaded on ARIEL at the beginning of the course.
· Legal patterns of right to health in a constitutional perspective
The course aims at providing provide a starting point to see how the meaning of the right to health can interact with the tools given by constitutional law, in a perspective of sustainability. The multiple dimensions of the right to health (from right to liberty to a social right) will observed through the technique of the balance between opposite constitutional rights and principles, one of the cornerstones of constitutional studies.
The course focuses on:
- The concept of Public Health
- Self-determination in matter of health and reproductive rights;
- Right to self-determination in matter of health and public safety (ethics dilemmas and recommendation/obligation to vaccines)
- Right to health and balance of the public budget;
- Right to health and clinical trials (with attention to vaccines in the COVID pandemics)
- Implementation of right to health in the domestic legal framework
- The development of Public Health Systems
- The analysis of national public health system
The course aims at providing students with the legal tools and the proper legal method to deal with public health and sustainable development in global trade law. The course focuses on:
- Human rights & right to health in international public law. Selected case-law by the European Court of Human Rights
- The linkages between the right to health and the UN 2030 Sustainable Development Agenda
- The roles of the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and of the World Trade Organization (WTO)
- The legal frameworks on intellectual property rights on pharmaceutical products: the flexibility regime
- The issue of a TRIPS waiver to tackle coronavirus
- Public health, bioethics & right to health
A detailed syllabus will be uploaded on ARIEL at the beginning of the course.
· Legal patterns of right to health in a constitutional perspective
The course aims at providing provide a starting point to see how the meaning of the right to health can interact with the tools given by constitutional law, in a perspective of sustainability. The multiple dimensions of the right to health (from right to liberty to a social right) will observed through the technique of the balance between opposite constitutional rights and principles, one of the cornerstones of constitutional studies.
The course focuses on:
- The concept of Public Health
- Self-determination in matter of health and reproductive rights;
- Right to self-determination in matter of health and public safety (ethics dilemmas and recommendation/obligation to vaccines)
- Right to health and balance of the public budget;
- Right to health and clinical trials (with attention to vaccines in the COVID pandemics)
- Implementation of right to health in the domestic legal framework
- The development of Public Health Systems
- The analysis of national public health system
Prerequisites for admission
No prerequisite is needed. However, a basic knowledge in International Law and a basic knowledge about the principle of Constitutional Law is highly recommended.
Teaching methods
The didactic method combines traditional approach (lecturing by Professors) with interactive activities among participants (case-studies, case-law, group works and presentations). The detailed course programme and the didactic material will be available on ARIEL.
Teaching Resources
Intellectual property rights, public health and TRIPS waivers to tackle coronavirus: lessons slides and additional material available on Ariel website.
Legal patterns of right to health in a constitutional perspective: lessons slides and additional material available on Ariel website.
Legal patterns of right to health in a constitutional perspective: lessons slides and additional material available on Ariel website.
Assessment methods and Criteria
Oral exam
IUS/13 - INTERNATIONAL LAW - University credits: 6
Lessons: 42 hours
Professors:
Pellizzone Irene, Silingardi Stefano
Shifts:
Professor(s)
Reception:
Wednesday at 17.00
Room at ground floor, Department of Public Law
Reception:
Tuesday: 10.30-10.30