Workshop On "human Rights and the Ombudsman"

We will illustrate a theory of social action that allows us to grasp a trait of modern societies whose normative core produces strong participation expectations, in light of which elective action can only be oriented towards maximum participation and correspond to the only socially adequate behavior, even in the vast range of choices that open up on the acting subject's horizon. This aspect of modern societies has to do with the process of fundamental democratization and the affirmation of the culture of human rights. We will stress the dimension of participation in all the main fields of social action: the economic one (where the participation expectations concern both the production and the consumption subsystems), in those relating to culture, education and access to scientific, artistic and literary heritage and in the political-administrative and legal sector (where participation expectations also involve the welfare and public services systems). The general purpose of the Course is to explain how the Ombudsman can encourage citizen's participation and, in a new global era, take a part in the defense of human rights. In fact, Ombudsmen came to be seen as useful in helping to meet the problem of expanding bureaucracy in the modern welfare state and to improve human rights. In particular, the increase in the powers of discretion given to European governments led to a need of protection against administrative and police arbitrariness.
In the second part of the course, Human rights will be described as fundamental rights protected by international conventions and treaties. The current crisis is characterized by the reduction of legal safeguards, impoverishment of the middle classes, exploitation and increasing insecurity, accompanied by relocations, especially in third world countries. In order to defend human rights, it is necessary that politics prevail on the markets and on finance. The means of protection of human beings rights will be illustrated, with particular regard to the forms of ADR (alternative solution of disputes) and in particular the Ombudsman of the UN.

Thanks to a socio-legal method of analysis, students will be able to reflect upon the social function of the Ombudsman in Europe and its legal structure.
The first step of the analysis is the comparison of various ombudsman-institutions all over the world. Finally, students will be able to illustrate the functions of Ombudsman institutions in their political, economical and cultural context. Students are requested to write a final paper about their National Ombudsman