B2943 - International Protection of Human Rights (Seminar)

Learning outcomes

The course has three main objectives: To provide an overview of the human rights protection system at both the universal and regional levels, with particular focus on Europe; To provide an overview of international humanitarian law, specifically the protection during armed conflicts; To provide an overview of the international criminal justice system. By the end of the course, students are expected to navigate the international system for the protection of human dignity, distinguishing between different contexts and regulatory frameworks. They should also possess a basic ability to address and resolve legal issues related to the protection of human dignity in situations of violation.

Course contents

In the Academic Year 2026–2027, the course will be structured into two distinct sections.

The first section, adopting a traditional format (16 hours of lectures), will provide a general overview of the international protection of human rights at both the universal and regional levels. Particular attention will be devoted to the principal treaty-based systems of protection, including those established under the International Covenant on Civil and Political Rights and the European Convention on Human Rights.

The second section, organised as a seminar component (12 hours for each of the two seminar groups), will address the principal mechanisms for limiting human rights under international law, with a specific focus on the protection of fundamental rights during states of emergency regulated by the so-called derogation clauses of human rights contained in the aforementioned treaties. The seminar component will also include an examination of the relevant case law.

For the seminar sessions, students are required to attend classes having completed the assigned readings in advance. Active participation is expected, including the use of knowledge acquired through individual study to engage in thematic discussions and case-study analyses. Attendance at both lectures and seminars is mandatory.

The course forms part of the University’s Teaching Innovation Project.

Programme of the First Section:

1. International protection of human rights: origins, historical development, and generations of fundamental rights. The Universal Declaration of Human Rights;
2. Human rights in general international law;
3. The United Nations system for the protection of human rights. The 1966 International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights: supervisory mechanisms and protected rights;
4. The European Convention on Human Rights: supervisory mechanism and protected rights;
5. The implementation of international human rights treaties within the Italian legal system;
6. An overview of other treaty-based systems for the protection of human rights: the American Convention on Human Rights and the African Charter on Human and Peoples’ Rights.

Programme of the Second Section:

1. Limitations on fundamental rights in the principal international human rights treaties: reservations, limitation clauses, and derogation clauses;
2. States of emergency and human rights derogation clauses: the notion of a public emergency and the principles governing the exercise of derogation powers;
3. Derogation clauses and armed conflicts;
4. Derogation clauses and international terrorism;
5. Derogation clauses and political and institutional crises;
6. Derogation clauses and pandemics.

The second section will focus on the analysis of selected significant cases drawn from the practice relating to the International Covenant on Civil and Political Rights and the European Convention on Human Rights. The cases to be discussed will be made available on Virtuale, together with supplementary materials.

Readings/Bibliography

For the First Section, students may choose among the following textbooks:

- C. Zanghì, L. Panella, La protezione internazionale dei diritti dell’uomo, fourth ed., Giappichelli, Torino, 2019;

- P. Pustorino, Tutela internazionale dei diritti umani, second ed., Cacucci, Bari, 2024.

(Specific guidance concerning each textbook will be provided at the beginning of the course and through Virtuale.)

For the Second Section:

- A.J. Palma, Gli stati di eccezione nel diritto internazionale. Dalle garanzie giudiziarie minime all’equo processo, Editoriale Scientifica, Napoli, 2018.

For both the general and the specialised sections of the course, a selection of recommended readings will be assigned from:

- U. Villani, Dalla Dichiarazione universale alla Convenzione europea dei diritti dell’uomo, second ed., Cacucci, Bari, 2015.

For both sections, students are also advised to consult:

- the materials that will be uploaded to the course’s dedicated page on the University’s Virtual Learning Environment;

- a collection of international law and international organisations instruments (also available through the University Library).

Additional documents and readings, including materials for the seminar component, will be indicated at the beginning of the course and made available through Virtuale.

Teaching methods

Traditional lectures, case-study analysis, and seminar-based activities.

Assessment methods

Student learning will be assessed through a mixed evaluation system consisting of the following components:

- 50% of the final grade will be based on a group presentation, followed by a collective discussion, to be carried out during the seminar sessions. Each member of the group may be awarded a maximum of 30 marks;

- 50% of the final grade will be based on a written test to be taken at the end of the course. The test will consist of 12 multiple-choice questions and 2 open-ended questions. Each student may be awarded a maximum of 30 marks.

The final grade will be calculated as the average of the marks obtained in the two assessment components.

Further details regarding the assessment procedures will be provided during the course. The final result will be officially recorded during the examination session at the first available examination date.

Students who do not complete and pass both assessment components, or who choose to decline an assessment result, will be required to take the traditional oral examination covering the entire programme, including both the general and the seminar sections.

Finally, students should be aware that the final grade can be rejected only once. Moreover, according to the Ethical Code of the University of Bologna (art. 25.2), students are called to adopt an appropriate behaviour during midterm and final exams.

Teaching tools

Virtuale, EOL and, if necessary, MS Teams or Zoom. Other teaching tools will be indicated during the course.

Students with disabilities or other temporary or permanent specific needs can obtain reasonable accomodations. To this end, they need to write to the relevant office at least 15 days before the exam date. All relevant information and contacts can be found at https://site.unibo.it/studenti-con-disabilita-e-dsa/en.

Office hours

See the website of Antonio Jerry Palma