50064 - CIVIL LIBERTIES AND HUMAN RIGHTS

The main purpose of this course is to provide students with a deep comprehension of the main aspects of the protection of civil liberties and human rights at the national level, from both a comparative and an historical perspective, and at the international level.

• Civil liberties, libertés publiques, libertades pùblicas: a history
• Civil liberties: a definition between positivism and ius natural
• The general categories
• Fundamental rights in comparative public law
• Law and rights: police power and the rule of law
• Right’s suspension, derogation, limitation in constitutional history
• Rights and the global order: after 9/11, the comparative experience
• Freedom of association in comparative law
• The right to privacy and its progeny
• The guarantees to the protection of civil liberties

Second part

• Human rights in international law; an historical perspective
• The different ‘generations’ of human rights
• Are human rights truly universal?
• The role of political bodies of international organizations
• The mechanisms for the protection of human rights at the universal level
• The regional courts for the protection of human rights, in particular the European Court of Human Rights
• Human rights in armed conflicts
• The criminal repression of serious violations of human rights in international law

• C. Tomuschat, Human Rights. Between Idealism and Realism, 2^nd edition, Oxford, Oxford University Press, 2008 (ad eccezione dei capitoli 5, 10, 13, 14)plus further materials to be provided at the beginning of the course.