81811 - DIRITTO COMPARATO DEI GRUPPI E DELLE MINORANZE

Learning outcomes

The protection of minorities represents one of the major challenges of modern and plural societies, and therefore it should be an integral part of the expertise of contemporary jurists. The Course aims to demonstrate that the legal basis of a peaceful coexistence consists in the constant research of an equilibrium between equality and diversity, and that its achievement can be ensured only providing flexible and adequate instruments, depending on the context in which they operate. The students will learn about the notion of group or minority, taking into consideration standard categories such as ethnicity, nationality, culture, language, religion, or gender. Then, the Course will discuss the variety of instruments that a multilevel regulation offers to social systems regarding the discipline of groups and minorities. The theoretical content of the Course will be supported by the analysis of case studies to better appreciate the application of the different approaches regarding diversity management. This will contribute to clarify that the mere protection of minorities is an essential prerequisite, but it is not sufficient to guarantee a peaceful coexistence among groups in contemporary societies. In fact, it will become evident that it is necessary to come to a "rule of diversity", founded on the principle of subsidiarity and achieved through the cooperation among institutional subjects (national and sovra-national).

Course contents

The topics of the Course are:

- methodology and definitions;

- the historical evolution of the protection of minorities;

- the legal nature of minorities between rights and pluralism;

- constitutional models of minority protection;

- sovra-national parameters;

- areas of protection: political representation; territorial and non-territorial self-government; linguistic rights; religious rights.

Readings/Bibliography

The reading materials will be available on Insegnamenti Online.

Teaching methods

The Course will be held in the II semester.

Class participation will allow a dynamic interaction between students, the Professor, and the experts that will contribute to analyse specific topics.

Assessment methods

The exam can take form in two alternative modalities (by choice of the students):

1) Oral exam. The exam will cover the topics discussed during the Course. The evaluation will be based on: the knowledge of the institutional profiles; ability in elaborate comparative analysis and arguments; ability to link different topics of the Course; ability to elaborate critical arguments; clarity and precision in the exposition.

2) Written exam. Students must write a paper (30000-35000 characters, spaces included), on a topic discussed during the Course. The deadline for the paper corresponds with the exams dates. Further details on the redaction of the paper on the personal webpage of the Professor.

Teaching tools

It is recommended the frequent consultation of the following websites:

- www.constituteproject.org/

- www.osce.org/hcnm

- www.coe.int/en/web/minorities/

-https://minorityrights.org/

-www.rivistaetnie.com/

- www.legislationline.org/

- www.hrw.org/

- www.eurac.edu/it/research/autonomies/minrig/Pages/default.aspx

- www.venice.coe.int/

- www.dpce.it/dpce-online/

- www.diritticomparati.it/

- www.giurcost.org/links/index.html

- www.internazionale.it/

- www.costituzionalismo.it/

- www.mpil.de/

- https://freedomhouse.org/

- www.constitutionaltransitions.org/

- www.verfassungblog.de/

 

Students with learning disabilities must communicate with the Professor in order to adopt specific arrangements.

Office hours

See the website of Elena Ferioli