Theories and Practice of Human Rights
A.Y. 2024/2025
Learning objectives
The first aim of the course is to lay the foundations for the correct use of the language of rights (subjective, fundamental, human; civil, political and social) and to provide knowledge of the foundations of rights, their social and legal origins and their effectiveness. It then provides knowledge of the international human rights system in the three dimensions of norms and institutions, theories and practice, with a particular focus on women's rights. Finally, the course aims to stimulate and develop students' critical and argumentative skills through specific in-depth studies on the role of human rights in relation to some current global phenomena.
Expected learning outcomes
- Knowledge and understanding of notions of subjective, fundamental and human rights; their contextualization in an historical perspective, starting with their theorizing, going through their positivization, up to the more recent processes of multiplication and internationalization;
- Knowledge and understanding of the main questions in contemporary debate regarding the foundation of rights, their implementation, and the problems of their ineffectivity and of conciliating their universality with cultural diversity;
- Capability to apply knowledge and understanding to the analysis of contemporary processes of transformation and proliferation of rights at the national, international and supranational levels;
- Capability to apply the acquired knowledge to the analysis and discussion of specific legal cases raising the problem of the conflict of fundamental rights and of their balancing.
- Knowledge and understanding of the main questions in contemporary debate regarding the foundation of rights, their implementation, and the problems of their ineffectivity and of conciliating their universality with cultural diversity;
- Capability to apply knowledge and understanding to the analysis of contemporary processes of transformation and proliferation of rights at the national, international and supranational levels;
- Capability to apply the acquired knowledge to the analysis and discussion of specific legal cases raising the problem of the conflict of fundamental rights and of their balancing.
Lesson period: Second 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
Second trimester
Course syllabus
The course will be structured in two units of ten classes each.
The first unit will consider fundamental rights as an institution of positive law, combining historical and theoretic lectures. The historical lectures will address, among others, the following topics: the shift from natural law theories to rights theories; the first charters of rights, from the Magna Charta to the French Declaration of 1789; the process of civil and political rights' posivitization;; the emerging of socio_economic rights, the constitutionalizing and internationalizing of fundamental and human rights. The theoretic lectures will address the following topics: the concept of fundamental and human rights in relation to the broader category of individual rights; the function of fundamental rights in the constitutional State; conflicts between fundamental human rights and strategies for the resolution of those conflicts;
The second unit will address three dimensions of human rights: law, theories and practice focusing on questions concerning the implementation and the universality of human rights. A specific attention will be devoted to women's rights. A bibliography in English on the topics of the course will be provided on request to non-attending students who want to take the final exam in English.
The first unit will consider fundamental rights as an institution of positive law, combining historical and theoretic lectures. The historical lectures will address, among others, the following topics: the shift from natural law theories to rights theories; the first charters of rights, from the Magna Charta to the French Declaration of 1789; the process of civil and political rights' posivitization;; the emerging of socio_economic rights, the constitutionalizing and internationalizing of fundamental and human rights. The theoretic lectures will address the following topics: the concept of fundamental and human rights in relation to the broader category of individual rights; the function of fundamental rights in the constitutional State; conflicts between fundamental human rights and strategies for the resolution of those conflicts;
The second unit will address three dimensions of human rights: law, theories and practice focusing on questions concerning the implementation and the universality of human rights. A specific attention will be devoted to women's rights. A bibliography in English on the topics of the course will be provided on request to non-attending students who want to take the final exam in English.
Prerequisites for admission
No preliminary knowledge is required.
The standard language for lectures and class presentations will be Italian and attending students will be required to read texts and participate to class discussion in that language.
Students who don't have the knowledge of the Italian language necessary to take part to these activities could take the exam in English as non-attending students.
The standard language for lectures and class presentations will be Italian and attending students will be required to read texts and participate to class discussion in that language.
Students who don't have the knowledge of the Italian language necessary to take part to these activities could take the exam in English as non-attending students.
Teaching methods
The teaching activities will include lectures and class discussions. They may also include class presentations. The standard language for those activities will be Italian.
Teaching Resources
For the final exam, students who want to take the exam in English should prepare the texts listed in a bibliography that will be provided by the teacher on request.
Assessment methods and Criteria
Oral examination. Students who want to take the exam in English should prepare the texts listed in a bibliography that will be provided by the teacher on request.
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 40 hours
Professor:
Facchi Alessandra
Shifts:
Turno
Professor:
Facchi AlessandraProfessor(s)
Reception:
Wednesday from 2, 30 p.m. Please write to [email protected]
Room 207, Department of Social and Political Sciences