law

MARIA IRENE PAPA

Since the adoption of the Universal Declaration of Human Rights in 1948, to which the eruption of human rights on the world can be traced, these rights have been defined and identified with increasing precision in numerous international treaties, of a universal or regional character and of general or specific content. The progressive consolidation of "international protection of human rights" tends to achieve advanced integration between the various national legal systems, beyond political divergences and development disparities, according to the human being and the protection of his dignity. However, if the formulation of the rights protected worldwide is very advanced, the progress made in their implementation is lower. Indeed, the most recent events show that cases of massive and repeated violations of human rights are spreading. The question of the relationship between national security needs likely to justify limitations on the enjoyment of certain rights and protection of individual guarantees is also very current. The aim of this course is, therefore, the study not only of the definition of inviolable rights contained in the fundamental acts of the matter, but also of the international mechanisms established in order to check that the rights enunciated are effectively guaranteed within the state legal systems.

- Knowledge and Understanding
Students must demonstrate that they have acquired a basic knowledge of the main concepts of international human rights law and a correct methodology for studying the subject.
- Applying knowledge and understanding
Students must demonstrate that they can apply the notions acquired to concrete situations and specific cases concerning international human rights protection; they must be able to identify the relevant norms and their content, determine the consequences arising from their possible breach, as well the effects that international human rights norms have on internal legal systems, in particular on the Italian legal one
- Making judgement
Students must be able to discuss concrete cases and qualify the conduct of the subjects concerned in the light of international human rights law; they must also be able to express reasoned and legally tenable positions relating to the main current issues on the subject.
- Communication skills
Students must demonstrate the ability to express the notions acquired with argumentative coherence, systematic rigour and adequate use of technical-legal language.
- Learning ability
Students must demonstrate to be able to use the knowledge acquired to autonomously delve into the study of specific problems about international and European protection of human rights not dealt with during the Course.

Mandatory priority exam: public law and private law.
Basic knowledge of international law is required in order to attend the course and take the final exam.
Students who have not passed the International Law exam are kindly requested to come to the office hours to agree on the study of preliminary texts for the preparation of the exam.

The programme will be articulated as follows:
- International human rights law: specific features and peculiarities.
- Origins and evolution of human rights protection in international law. The rules on the treatment of foreigners and diplomatic protection. The gradual erosion of domestic jurisdiction.
- The sources of international human rights law (treaties, general international law, jus cogens and erga omnes obligations). The relationship between customary law and treaty law in the field under consideration.
- Universalism and regionalism in the protection of human rights.
- The role of the United Nations and regional international organisations
- Analysis of the content of the main human rights protection instruments that have been adopted both at the universal level (within the United Nations) and the regional level within the various regional organisations (Council of Europe; Organisation of American States; African Union; Organisation of the Islamic Conference and League of Arab States).
- Human rights monitoring bodies at both universal and regional levels
- The Council of Europe and the European Convention on Human Rights. The complaints procedures before the European Court of Human Rights. The conditions of admissibility of individual complaints. The application of the European Convention in the domestic legal order. The implementation of the ECHR judgements. Case studies and analysis of selected ECHR decisions.
- The protection of human rights in certain specific fields: in particular, the maintenance of international peace and security.
- Current issues concerning the protection of the fundamental rights of migrants and asylum seekers.

Pietro Pustorino, Tutela internazionale dei diritti umani, Cacucci, Bari, 2022
and
Ugo Villani, Dalla Dichiarazione universale alla Convenzione europea dei diritti dell’uomo, Cacucci, Bari, 2015

Tomuschat, Human Rights: Between Idealism and Realism, Third Edition, OUP, Oxford, 2014
De Schutter, International Human Rights Law. Cases, Materials, Commentary, 3rd Edition, CUP, Cambridge, 2019

The course includes lectures, seminars, and class discussions about case studies. Legal materials (treaties, resolutions, official declarations, decisions of international courts, etc.) and suggestions for additional readings will be available on the course e-learning platform (https://elearning.uniroma1.it/).

non-compulsory attendance

Attending students
During the course, attending students will be allowed to take a mid-term exam, which will be useful for monitoring the achievement of the learning objectives in progress.
The degree of active participation in the course will be considered in assessing these students.

Non-attending students
The exam will be oral.

The following criteria will be considered when determining the final grade: knowledge of the subject, coherence and completeness of the arguments, and correct use of legal terminology.
- Failure to pass the examination: the candidate shows that he/she has not acquired at least a minimum knowledge of the topics covered by the exam.
- 18 to 21: Sufficient level. The candidate demonstrates a minimum knowledge of the course's main topics and a sufficient ability to employ correct technical language when discussing the questions asked to him/her.
- 22 to 24: Fully sufficient level. The candidate achieves adequate basic knowledge and demonstrates a discrete ability to deal with the topics covered in the exam with technical language.
- 25 to 26: Good level. The candidate demonstrates a good knowledge of the topics covered, shows more than discrete language skills and the ability to apply theoretical knowledge to practical cases that may be analysed during the exam.
- 27 to 29: Very good level. The candidate demonstrates good knowledge, language property and analytical ability. He/she is also able to adequately apply theoretical knowledge to any practical cases referred to during the exam.
- 30 to 30 cum laude: Excellent level. The student demonstrates that he/she has acquired an excellent knowledge of the subject matter of the exam; he/she also demonstrates excellent logical-argumentative skills and an excellent ability to analyse the elements that characterise the functioning of the international system of human rights protection in its various aspects.

1. Explain the main differences among the three generations of human rights, providing examples drawn from major international instruments. Discuss whether the distinction among generations of human rights still has genuine legal significance today or only historical and doctrinal relevance. Explain how the classification of human rights into “generations” affects the nature of the obligations incumbent upon States.

2. Define the doctrine of the margin of appreciation developed by the European Court of Human Rights and illustrate the criteria used to determine its scope. Analyse the function and limits of the margin of appreciation in the case law of the European Court of Human Rights. Provide an example of a case in which the European Court of Human Rights has recognised (or denied) a wide margin of appreciation to the States.