C9335 - DIRITTO DELLA SALUTE E DELLA CURA DELLA PERSONA

Learning outcomes

By the end of the course, students will have acquired an understanding of the most significant aspects of the right to health enshrined in Article 32 of the Constitution, as well as the organisation, institutional actors and funding of the National Health Service and the welfare system, as a public service, the rules and principles underpinning the complex national and regional legislative framework, as well as the developments in legal theory and case law that have contributed to shaping and developing the relevant regulatory framework.

Course contents

- Introduction: health and healthcare in the ‘risk society’;


- Health and its protection in the constitutional framework: the right to health as a fundamental right of the individual, as a social right and as a matter of public interest (Article 32 of the Constitution);


- Voluntary and compulsory medical examinations and treatments, and the powers of the public administration;


- The right to health and economic freedom: the constitutional framework and the problem of balancing conflicting ‘values’;


- Public healthcare between the State and the Regions: state competence and the gradual emergence of regional models;


- The health service: organisational models of the National Health Service in the light of regulatory developments;


- The network of institutional bodies within the health service at regional and local levels;


- Local health authorities and hospital trusts: nature and functions. Other bodies within the National Health Service;


- Medical and non-medical healthcare staff;


- The evolution of the funding of healthcare functions;


- Essential levels of care;


- The public and private sectors in healthcare: general overview;


- Healthcare and social services: prospects for integration;


- The welfare model: foundations and evolution;


- The provision of social services: planning and design;


- The provision of social services: accreditation and authorisation;


- The outsourcing of social services to third-sector organisations;

Attending students

Students who attend lectures will be able to sit the exam based on a separate syllabus, which will be announced in class at the start of the course.

Readings/Bibliography

A. Pioggia, Diritto sanitario e dei servizi sociali, Torino, Giappichelli, 2024.

Teaching methods

The course will consist of lectures and supplementary activities designed to encourage student participation.


The course forms part of the University’s educational experimentation project.


During the lectures, the topics covered by the course will be presented systematically, in accordance with the syllabus set out above, followed by an examination of the case law relating to the individual topics addressed.


Erasmus students may agree on the examination arrangements by contacting the lecturer, whilst also indicating their study plan as set out by their home university.

Assessment methods

The course assessment consists of an oral examination.

The examination will cover the topics listed in the "Programme and Course Contents" section.

The assessment will take into account the following:

• knowledge of the institutional and fundamental legal concepts;
• ability to analyze case law and scholarly opinions;
• ability to establish connections between the different parts of the syllabus;
• ability to develop critical arguments;
• coherence and organization of the presentation;
• accuracy and precision of the presentation.

Students' knowledge and learning outcomes are assessed during the oral examination, which is intended to verify the achievement of the course's educational objectives. The examination consists of an interview covering the topics included in the course syllabus.

Assessment will consider the student's knowledge of the institutional aspects of the subject, their ability to analyze scholarly opinions and case law, to make connections among the various parts of the syllabus, and to develop critical arguments, as well as the clarity of their presentation.

Final Grade Scale

• 18–19: Preparation limited to a very small number of topics covered during the course; analytical ability emerges only with the instructor's guidance; overall correct use of language.
• 20–24: Preparation covering a limited number of topics addressed during the course; ability to carry out independent analysis only on straightforward issues; correct use of language.
• 25–29: Preparation covering a broad range of course topics; ability to conduct independent critical analysis; good command of the appropriate technical terminology.
• 30–30 with Honors: Thorough and comprehensive preparation on the course topics; ability to conduct independent critical analysis and establish connections among different topics; full command of the appropriate technical terminology, together with strong argumentative and reflective skills.

Final Thesis

Assignment of the final thesis is subject to enrollment on the appropriate list, followed by an interview with the course instructor.

To enroll on the list, students must have no more than three examinations remaining before graduation.

Teaching tools

Si raccomanda agli studenti/sse con DSA o disabilità temporanee o permanenti di contattare per tempo l’ufficio di Ateneo responsabile (https://site.unibo.it/studenti-con-disabilita-e-dsa/it): sarà sua cura proporre agli/lle studenti/esse interessati/e eventuali adattamenti, i quali dovranno comunque essere sottoposti, con un anticipo di 15 giorni, all’approvazione del docente, che ne valuterà l'opportunità anche in relazione agli obiettivi formativi dell'insegnamento

Office hours

See the website of Giovanni Mulazzani