42972 - Social Services Law

Learning outcomes

Upon completion of the course, students will: - understand the fundamental legal institutions that characterize the national legal system from a social perspective, identifying social rights as a primary tool for the transition from formal to substantive equality, and community equality, combining the original objective of economic cohesion with that of social cohesion; - understand the architecture of the current social protection system, and therefore the meaning, content, and institutional projection of the expressions of welfare state, welfare mix, and welfare society; - understand the characterizing elements, from both a theoretical and historical perspective, of 'interventions' and 'social services,' as well as the regime of those that, in greater detail and with a specific focus on the current regional regulatory system, distinguish the latter between socio-educational, socio-assistance, and socio-health services; - understand the structure of third sector entities, with particular regard to the organization of volunteering and social cooperatives; - also understand, albeit in general terms, the current social security system; - is therefore able to grasp the legal and formal rationales underlying the variety of public policies in the social field, as well as to guide one's professional prospects in the public or private sector with appropriate awareness of their respective consequences; - knows how to critically evaluate, both in terms of validity (legitimacy) and organizational effectiveness, the process for accessing a public social service by a person in need, and how to potentially protect against its failure or poor provision.

Course contents

The course aims to provide students with a general grounding in both the fundamentals of Italian public law and the regulation of social and healthcare services.

In light of the events that, since March 2020, have severely tested the stability of our social protection and healthcare system, and with it that of other countries around the world, considerable attention will also be devoted to a critical analysis of the current political and social framework (both national and international) and its potential evolution.

Finally, part of the lectures will be dedicated to in-depth analyses of some of the most complex and debated legal issues regarding the protection of individuals and their dignity (from the medical treatment of psychiatric patients to euthanasia, from the use of robotics to human-machine hybridization).

Readings/Bibliography

To prepare for the exam, we recommend the following textbooks, in addition to the course materials distributed during class:

- for the public law section: A. BARBERA, C. FUSARO, Corso di diritto pubblico, il Mulino, 2020, limited to chapters I, V, VI, IX, X, XI, and XIII;

- for the section on the organization and functioning of health services: C. BOTTARI, La tutela della salute: lavori in corso, Giappichelli, 2020, limited to chapters I, II, III, IV, and X;

-for the section on social services: A. GUALDANI, Diritto dei servizi sociali, Giappichelli, 2018, limited to chapters I, II, III, IV, V, and VI.

As specified in the contents, the course also includes specific in-depth studies of a specific sector: one relating to the difficult challenge of protecting and enhancing individual rights and freedoms in a context of continuous and progressive social and technological change, the other to the care of psychiatric patients. For these studies, we recommend reading the following texts:

- L. DIMASI, S. MARZOT (eds.), Welfare state: scenari futuri e criticità irrisolte delle politiche sociali e socio-sanitarie in Italia, Bologna University Press, 2024;

- L. DIMASI, I diritti "ipermoderni". Sfide e cambiamenti nell'era del costituzionalismo digitale, Bologna University Press, 2023;

- L. DIMASI, Il diritto della psiche, Aracne, 2018.

Teaching methods

Teaching will be delivered primarily through lectures, with the aid of slides.

Part of the course will be dedicated to dialogue and debate with students, who will have the opportunity to actively participate, with their own contributions and reflections, throughout the course.

Practical simulations and in-depth seminars complement the teaching methodology.

A field trip to Palazzo Montecitorio will also be organized.

Assessment methods

The final exam will consist of an oral examination designed to assess the student's knowledge of the topics covered in class.

In particular, each student will be asked to answer three questions, which will focus on the fundamentals of Italian public law, healthcare regulations, and the social services system.

Only students who attend classes will have the opportunity to take a midterm written exam, consisting of a short test of 15 multiple-choice questions on public law. The grade for this exam will be averaged over the subsequent oral exam, which will therefore be limited to the regulation of social and healthcare services.

Attendance may be certified with a self-certification.

Those unable to attend classes for work reasons will be admitted to the midterm written exam only upon submitting to the instructor a certificate from their employer certifying their shifts.

The oral exam will be assessed based on the following criteria:

- knowledge of institutional profiles;

- ability to analyze and elaborate on acquired knowledge;

- ability to make connections between different parts of the program;

- ability to develop critical arguments;

- articulation of the presentation;

- use of technical language.

By way of example, the final grade will be based on the following criteria:

- a grade from 18 to 21 will be awarded for sufficient or slightly more than sufficient preparation on the topics covered, poor critical thinking, and difficulty using technical and legal language;

- a grade from 22 to 25 will be awarded for fair or fairly good preparation on the topics covered, adequate critical thinking, and correct use of technical and legal language;

- a grade from 26 to 29 will be awarded for good preparation, strong critical thinking, and mastery of technical and legal language;

- a grade of 30 to 30 cum laude will be awarded for substantially comprehensive preparation, excellent critical thinking, and a thorough command of technical and legal language.

Thesis

Thesis assignment will be made upon formal request from the student (for example, by email), followed by an exploratory interview with the instructor, who will evaluate the originality of the chosen topic and its relevance to the course topics.

Teaching tools

During the course, in-depth seminars will be held, the dates of which will be announced in class.

Students with learning disabilities (LD) or disabilities: please contact the relevant University office in advance (https://site.unibo.it/studenti-con-disabilita-e-dsa/it). The University Office will advise interested students of any accommodations, which must be submitted to the instructor for approval 15 days in advance, who will assess their suitability in relation to the course's learning objectives.

Office hours

See the website of Luca Dimasi