50064 - CIVIL LIBERTIES AND HUMAN RIGHTS
CLMG - M - IM - MM - AFC - CLAPI - CLEFIN-FINANCE - CLELI - ACME - DES-ESS - EMIT
Course taught in English
Go to class group/s: 31
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
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C. Tomuschat, Human Rights. Between Idealism and Realism, 2nd 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.