The course focuses on the origin and development of international human rights law through the lenses of the right to life. It analyses various facets of the right to life such as the death penalty, domestic violence leading to femicide, and the legitimate use of lethal force by law enforcement agents. The main philosophical questions underpinning the right to life, such as the legal meaning of the term life, how to measure the 'value of life' and the notion of 'human dignity' are also addresse
Students attending the course: Students have to rely on the notes taken in class and the slides prepared by the teacher. The reading and other material will be indicated at the beginning of the course and inserted on the E-Moodle platform of the course.
Students not attending the course: I. Bantekas and L. Oette, International Human Rights Law and Practice, Cambridge University Press, 2013, pp. 9-48, 145-335 and 452-475 (available in the University library); E. Wicks, 'The Meaning of Life: Dignity and the Right to Life in International Human Rights Treaties', in Human Rights Law Review, 2012, pp. 199-219 (available at http://hrlr.oxfordjournals.org/content/12/2/199.full.pdf+html by acceding from a University library computer); and the judgment of the European Court of Human Rights in the case of Osman v. United Kingdom (28 October 1998), to the exception of paragraphs 72-99, 124-169 and Concurring/dissenting Opinions) (available at http://hudoc.echr.coe.int/eng?i=001-58257).
STARTING FROM THE EXAM SESSION OF DECEMBER 2016, ALL NON ATTENDING STUDENTS, ALSO THOSE OF PREVIOUS ACADEMIC YEARS, ARE EXPECTED TO PREPARE FOR THE EXAM ON THESE TEXTS.
Learning Objectives
Knowledge: to know both the universal and regional systems of protection of human rights, in particular the normative framework and control mechanisms relating to the right to life as protected within the United Nations and the Council of Europe.
Abilities acquired at the end of the course: a) autonomous search for the relevant sources of international human rights law at either the universal or regional level of protection and understand the impact of these sources upon the national legal orders; b) critical analysis of the international rules on human rights in order to devise ways to enhance the implementation of human rights both at the universal and European level; and c) critical thinking on the international case-law relating to human rights with special reference to the right to life.
Capacity to apply the knowledge: to employ this knowledge within international (governmental or non-governmental) organisations, national ministries, multinational corporations and international tribunals.
Prerequisites
All students must have completed an introductory course to International Law of at least 6 credits. This is a compulsory requirement.
Teaching Methods
Lectures, also from Italian and foreign experts, and a workshop at the end of the course.
Students are also encouraged to make an oral presentation during the course on a topic indicated by the professor.
Further information
The students attending the course have to register for the class on the E-Moodle platform (http://e-l.unifi.it/ ask professor for the password) and download the material that the teacher will be posting on it. Registration is possible until October, 1st, 2016 and download of the material until February, 15th, 2017.
No registration for the E-Moodle platform is allowed to non-attending students except for special needs that have to be discussed with the professor.
Type of Assessment
Students attending and not attending the course: a written exam in English on the whole course programme consisting in the answer to 3 out of 4 open questions. The exam will be passed if at least 2 questions are above 25/30. In order to get top marks (above 27/30) students have to show not only descriptive knowledge of the topic but also critical capacity and reference to the relevant case-law.
The exam lasts one and a half hour. Only an English dictionary can be consulted (no treaties, no books, no notes etc. are allowed).
Please note that no changes to the dates and modalities of the exam can be made either to Italian or foreign students.
There will be no mid-term exam (prove intermedie).
Course program
After a short introduction on the philosophical and historical foundations of human rights, the FIRST PART of the course will focus on the protection of human rights at the universal level. First of all, the implementation mechanisms of the UN human rights treaties and the functioning of the UN Human Rights Council will be analysed. Secondly, the regional systems of protection of human rights will be taken into consideration with a view to evaluate the main differences existing at local level.
The SECOND PART of the course will be conducted in a seminar format with the presentations by students on a judgment or a report of an international judicial or control body such as the Human Rights Committee. This part will be devoted to the analysis of a specific right, i.e. the right to life, starting from the legal meaning of the term 'life' and the philosophical underpinnings of questions such as the 'value of life' and 'human dignity' that are particularly relevant with respect to issues relating to the beginning and end of life (abortion and euthanasia). Then this part will deal with the death penalty, the use of lethal force by law enforcement officials, e.g. during public manifestations and against renegade planes, and the international legal protection of women against domestic violence, including femicide. Finally, the prohibition against torture under current international law will be addressed, with specific reference to its relation to the right to life as spelt out in the case-law of the European Court of Human Rights.