INTERNATIONAL PROTECTION OF HUMAN RIGHTS

INTERNATIONAL PROTECTION OF HUMAN RIGHTS

Pietro Pustorino, Guido Raimondi

Instructional goals

The objective of the course is to provide students with knowledge of the content and main features of the international law regime of human rights protection, including issues concerning international responsibility for violation of human rights.

Intended learning outcomes

Knowledge and understanding: By analyzing legal phenomena through the study of relevant international norms and practices, the student will acquire specific knowledge of the most important aspects of the international protection of human rights, both at the universal level and within the European regional context. This analysis will also be undertaken through seminars, conventions and conferences that will involve academics and professionals from the most important sectors of interest. Applying knowledge and understanding: The course will allow the student to acquire the knowledge and the method necessary to critically interpret the principles and institutions of international human rights law, as well as to apply them to concrete cases. The student will also learn to correlate these norms with the norms of other areas of international law. The skills acquired by the student will be verified through class discussions, practice on case studies and a final oral exam. Making judgements: The student will acquire the necessary tools to understand and analyze, from a legal point of view, the main issues relating to the international protection of human rights. The student will also develop a capacity for autonomous analysis and critical reasoning on problems and case studies, adequately applying the relevant legal framework and judicial practice to the cases examined. Communications Skills: the students will acquire the ability to form their own point of view and effectively communicate the results of their own analysis on issues concerning the international protection of human rights. Communication skills will be tested through the final exam and, in class, through the discussion of cases. Learning skills: the knowledge acquired during the lessons, the interaction with colleagues and the discussion of case studies will provide the student with the skills to analyze current phenomena and problems as well as specific aspects of the international protection of human rights whose study will be necessary during the future professional activity of the student.

Course Contents

The course aims to analyze the evolution and content of the international human rights regime, also focusing on its impact on the content of various traditional principles and norms of international law. Specifically, the course will highlight, also from a historical perspective, the expansion of the reach and scope of individual and collective human rights, and will clarify such rights’ substantive content and their different level of protection at the international level. A specific objective of the course consists in examining the international legal framework existing at the level of both customary law and treaty law, looking at the similarities and differences both in terms of the scope of protection and in relation to the mechanisms for ensuring compliance. A substantive portion of the course will be dedicated to the analysis of the European system of human rights protection, with specific focus on the structure of the European Court of Human Rights, the nature and effectiveness of its jurisprudence, the substantive content of some of the main Convention rights and, finally, the procedure before the Court.

Reference Books

P. Pustorino, Tutela internazionale dei diritti umani, Bari, Cacucci Editore, 2024, intero volume, con esclusione dei capitoli IV e V. Zagrebelsky, R. Chenal, e L. Tomasi, V. Zagrebelsky, R. Chenal, L. Tomasi, Manuale dei diritti fondamentali in Europa, Bologna, Il Mulino, 2025, quarta edizione, Parte seconda, Parte quinta (limitatamente alle sezioni XI, XII e XIII) e Parte sesta, alternativamente G. Raimondi, La Convenzione Europea dei Diritti dell'Uomo, Cacucci Editore (in corso di pubblicazione)

Teaching Methods

Lectures, discussion of case studies, seminars by Italian and foreign experts.

Assessment Method

During the final oral exam the student will be required to show that he/she knows and understands the notions and principles of the international law regime of human rights protection and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyze the relevant sources of international law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the subject. The final grade is expressed in thirtieths. The following evaluation criteria will be taken into account to assign the final grade: knowledge and understanding of the notions and principles of the subject and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary (25%); ability to analyze and evaluate relevant sources and acquisition of the study method (10%). Insufficient preparation, corresponding to a score below 18, will lead to failure to pass the exam. Answering all questions correctly, demonstrating an excellent level of preparation, will lead to the attribution of a score of 30, possibly cum laude/with honors. The first exam session following completion of the course will be accessible only to attending students. The exam will focus also on the topics covered during the lessons.

Thesis assignment criteria

Knowledge of international law; knowledge of English and French; passing the exam of International Protection of Human Rights with a minimum grade of 27/30.

Week 1

Lecture 1 The historical evolution of human rights: from protection in national legal systems to international protection. Lecture 2 Diplomatic protection and its recent developments. Case studies and student practice; group discussions.

Week 2

Lecture 1 Introduction to the European system of human rights protection. The European system within the framework of the international movement for the recognition of human rights. Lecture 2 Introduction to the European Convention on Human Rights. The structure of the Convention and its Protocols. Case studies and student practice; group discussions.

Week 3

Lecture 1 The main theories on the legal basis of human rights. Lecture 2 The general features of international human rights law. Universality, indivisibility, inalienability. Case studies and student practice; group discussions.

Week 4

Lecture 1 The structure of the European Court of Human Rights. Lecture 2 The functions of the European Court of Human Rights. Case studies and student practice; group discussions.

Week 5

Lecture 1 The subjects of international human rights law: states and international organizations. Lecture 2 Other subjects of international human rights law. Case studies and student practice; group discussions.

Week 6

Lecture 1 Nature and effects of the decisions of the European Court of Human Rights. Lecture 2 The principle of subsidiarity and the implementation of the case law of the European Court of Human Rights in domestic legal systems. Case studies and student practice; group discussions.

Week 7

Lecture 1 Legal sources on human rights. Jus cogens norms and customary norms. Lecture 2 General aspects of the treaty sources of international human rights law. Introduction to regional human rights agreements other than the European Convention on Human Rights. Case studies and student practice; group discussions.

Week 8

Lecture 1 Classification of protected human rights. The right to life, the prohibition of genocide and the prohibition of torture. Lecture 2 The other protected human rights. Economic, social and cultural rights. Case studies and student practice; group discussions.

Week 9

Lecture 1 The right to liberty and security under the European Convention on Human Rights. Lecture 2 The principle of legality of crimes and punishments under the European Convention on Human Rights. Case studies and student practice; group discussions.

Week 10

Lecture 1 The general aspects of the right to a fair trial under the European Convention on Human Rights. Lecture 2 The specific guarantees of fair trial in criminal proceedings. The ne bis in idem principle. Case studies and student practice; group discussions.

Week 11

Lecture 1 International responsibility for human rights violations. The obligations erga omnes. Lecture 2 Humanitarian intervention and the responsibility to protect. Case studies and student practice; group discussions.

Week 12

Lecture 1 How to file applications to the Europan Court of Human Rights; admissibility criteria. Lecture 2 The procedure before the European Court of Human Rights and the execution of judgments. Case studies and student practice; group discussions.