46818 - Fundamental Rights

Learning outcomes

The course aims to provide the student with an in-depth knowledge of the instruments for the recognition and protection of fundamental and social rights according to a multi-level approach that takes into account their regulation and jurisprudential contribution at national, EU and international level.

Course contents

The Fundamental Rights course is firstly aimed at reconstructing, from a historical perspective, the theories and models of recognition and protection of fundamental and social rights. Ample space is then devoted to the analysis of the instruments of protection of fundamental human rights in international law, within the European Union and at the national level.

The analysis is conducted through constant reference to the most significant constitutional, European Union and international case law.

Readings/Bibliography

The text to be prepared is:

for NON ATTENDING STUDENTS

L. Mezzetti - C. Drigo (a cura di), Diritti umani. Protezione internazionale e ordinamenti nazionali, Pacini Giuridica, 2021, pp. 1-157, 177-248, 347-533.

AND

V. Zagrebelsky, R. Chenal, L. Tomasi, Manuale dei diritti fondamentali in europa, terza edizione, il Mulino, Bologna, pp. 21-62 e 77-128

for ATTENDING STUDENTS:

L. Mezzetti - C. Drigo (a cura di), Diritti umani. Protezione internazionale e ordinamenti nazionali, Pacini Giuridica, 2021, pp. 1-157, 177-248, 347-533.

Some extra material will be available on virtuale.unibo, at the web page of the course

Teaching methods

The course will be conducted partly according to the classical lecture model and partly in seminar form, with the active participation of the students.
The didactics will be articulated in frontal lectures and in collateral activities aimed at soliciting the students' involvement.
In the course of the lectures, the systematic presentation of the topics covered in the course will be conducted according to the above-mentioned programme. Ample space will then be given to the examination of case law on the individual topics addressed, directly involving the students. During the course, in fact, the lectures will be supplemented with the constant use of diagrams and slides to aid comprehension and there will also be some lectures in which students will be involved in group work in which in-depth studies will be carried out on specific cases pending before the Constitutional Court, the European Court of Human Rights or other international courts.
Specialised seminars parallel to the course will be devoted to the analysis of the protection of human rights in the Inter-American and African systems.

The lectures will be held in Spring semester and therefore students will be able to take the examination from May 2023.

Assessment methods

In parallel with the lectures, in order to facilitate students and prepare them for the activity required in any future competitive examinations, one or more written exercises will be organised. Students will have to answer one or more questions by drafting a written text following the instructions given (within the time limits and to the extent indicated). Finally, students will be able to check the correctness of their work as the lecturer will describe the optimal content of the written answer, leaving space for students to ask questions, elaborate, and request verification of any errors made.

The exam consists of an oral interview. The final grade will also be based on the active participation during lectures.

The purpose of the oral exam is to verify the student's ability to apply his or her knowledge and to make the necessary logical-deductive connections.

The final grade will be determined taking into account the following elements:

- Preparation on a very limited number of topics covered in the course and analytical skills that emerge only with the help of the teacher, expressed in an overall correct language → 18-19;

- Preparation on a limited number of topics covered in the course and ability to autonomous analysis only on purely executive matters, expression in correct language → 20-24;

- Preparation on a large number of topics covered in the course, ability to make autonomous choices of critical analysis, mastery of specific terminology → 25-29;

- Substantially exhaustive preparation on the topics addressed in the course, ability to make autonomous choices of critical analysis and connection, full mastery of specific terminology and ability to argue and self-reflection → 30-30L.

For attending students, the final grade will take into account also  active participation in the classroom and presentation of group work, as indicated on the first day of class.

Registration for the final examination must be carried out via the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm ).

Teaching tools

In order to facilitate the assimilation of concepts, also by means of the visualisation of logical connections, the illustration of the institutes will be constantly accompanied by the analysis of case law available in the textbook, through the distribution of case law materials in class or through the illustration of judgments available online on the institutional websites of national and international bodies or organisations.

Supplementary and in-depth material will be constantly made available to students via the on-line platform.

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), require compensatory tools may inform the teacher of their needs so that they can be referred to the contact persons and agree on the adoption of the most appropriate measures.

Office hours

See the website of Caterina Drigo