Fundamental principles in the field of international and national protection of human rights. Main instruments of human rights protection at universal and regional level. In-depth analysis of the following selected areas of protection: right to life and death penalty, prohibition of torture. Introduction to international humanitarian law of the armed conflicts and to international criminal justice.
a) I. Bantekas and L. Oette, International Human Rights Law and Practice, 2013, Chapter 1 (pp. 9-48)
once the new edition is out, in Septeb) Malcolm Shaw, International Law, Cambridge University Press, 2017, chapters 6, 7 and 20
c) S. Marks e A. Clapham, International Human Rights Lexicon, 2005, limited to the following three essays: “Death penalty", “Torture”, “Universality”
Domestic Law, in The Constitutional Relevance of the ECHR in Domestic and European Lad) G. Repetto, Rethinking a Constitutional Role for the ECHR. The Dilemmas of Incorporation into Italian Law. An Italian Perspective, Cambridge-Antwerp-Portland 2013, pp. 37-53
e) Update section edited by Prof. Bultrini and made available immediately after the end of the course
Learning Objectives
Theoretical and practical understanding of the main legal and political aspects of the international and national protection of human rights. Acquiring the practical capability of finding the way among the principal international and national instruments for the protection of human rights and of using them to correctly interpret the current events in the field.
Acquiring basic notions of international humanitarian law of the armed conflicts and of international criminal justice, with a view to acquiring the capability of correctly putting in a legal context actual events pertaining to armed conflicts and international crimes.
Prerequisites
Very good knowledge of the English language (B.2 recommended).
Students are advised to take this course after the international law course or at least to attend the two courses in parallel, since basic notions of international law are indispensable in order to fully understand the contents of a course on human rights and armed conflicts.
Teaching Methods
Frontal and interactive lectures.
Type of Assessment
The exam will be held in a written form (3 open questions and 10 multiple-choice questions).
Course program
i. Genesis of the international protection of human rights
ii. Introduction to the protection of human rights
iii. The United Nations protection system
iv. Effectiveness of the United Nations protection mechanisms and more general remarks in this regard
v. Regional protection systems (including the European Union)
vi. Territorial reach of human rights obligations
vii. First thematic area: prohibition of genocide, right to life and death penalty
viii. Second thematic area: prohibition of torture
ix. Conclusions: the issue of universality of human rights and future prospects
ix. Introduction to international humanitarian law of the armed conflicts: basic notions
x. Introduction to international criminal justice
xi. Conclusions: the issue of universality of human rights and future prospects