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 addressed
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, which is accessible only to attending students.
Students not attending the course:
I. Bantekas and L. Oette, International Human Rights Law and Practice, Cambridge University Press, 2016 (available in the University library), pp. 4-47; 154-367; and 491-524.
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).
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).
Learning Objectives
Knowledge: to know the main legal sources and functioning features of 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 both the universal and regional level of protection and understanding of the impact of these sources upon the national legal orders; b) critical approach to human rights developed through the analysis of the universalism versus relativism debate; c) critical thinking on the international human rights case-law with special reference to the right to life. In addition, students will have developed the capacity to make a power-point presentation on the judgment of an international human rights court and to express in writing the knowledge gained during the course.
Capacity to apply the knowledge: to employ the knowledge gained during the course within international (governmental or non-governmental) organisations, national ministries, multinational corporations and international tribunals.
Prerequisites
Students must have completed an introductory course to International Law of at least 6 credits.
This is a compulsory requirement also for Erasmus and other foreign students.
Teaching Methods
Lectures, also from Italian and foreign experts. The course is enriched by four classes given by young researchers of the European University Institute (Florence) and external experts.
Attending students are requested to write a report and make an oral presentation on one of the cases that will be proposed 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 allowed until February, 28th and the materials can be downloaded until September, 10th, 2019.
No registration for the E-Moodle platform is allowed to non-attending students unless on the basis of specific and documented needs (e.g. persons with disabilities that are unable to attend the course) that have to be brought to the attention of the teacher.
Type of Assessment
Students 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. There are three main tipology of questions: 1) questions aimed to verify that the student has acquired knowledge of the basic issues addressed in class or in the study material; 2) questions requiring knowledge of the case law; and 3) questions where the student is asked to either make connections between different topics or to express his/her personal view of a specific topic.
The exam will be passed if at least 2 questions are above 25/30. In order to get top marks (27/30), students have to show not only descriptive knowledge of the topics of all the three questions but also critical capacity, adequate reference to the relevant case law and appropriate use of legal reasoning and language.
The exam lasts one and a half hour. Only an English dictionary can be consulted (no books, no notes etc).
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).
Students ATTENDING the course:
Attending students will be evaluated on the basis of their participation in class debates (30%) and of the oral presentation and written report on the cases that will be presented in class in the first week (70%).
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 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 protection of the right to life in armed conflict will be addressed by laying special emphasis on the principle of proportionality in attack and the notion of 'collateral damages'.