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FUNDAMENTAL RIGHTS IN LATIN AMERICA
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FUNDAMENTAL RIGHTS IN LATIN AMERICA
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Anno accademico 2020/2021
- Codice dell'attività didattica
- CPS0432
- Docente
- Prof.ssa Mia Caielli (Titolare dell'insegnamento)
- Corso di studi
- Master's Degree Course in Area and global studies for international cooperation
- Anno
- 2° anno
- Periodo didattico
- Secondo semestre
- Tipologia
- Affine/Integrativa
- Crediti/Valenza
- 6
- SSD dell'attività didattica
- IUS/21 - diritto pubblico comparato
- Modalità di erogazione
- Mista
- Lingua di insegnamento
- Inglese
- Modalità di frequenza
- Facoltativa
- Tipologia d'esame
- Scritto
- Prerequisiti
- Basic knowledge of constitutional and human rights law.
It is strongly recommended that students who did not take any exam in public, constitutional or comparative law read the following book's chapters: Masterman - Schutze (eds.), The Cambridge Companion to Comparative Constitutional Law, CUP, 2019, Chapters 2, 8, 11, 16. - Oggetto:
Sommario insegnamento
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Obiettivi formativi
The course aims at providing students with a basic knowledge of the stages and main characteristics of Latin American constitutionalism and of the bills of rights sections of contemporary constitutions. Besides, the course intends to enable them to understand the different judicial and non-judicial mechanisms of human rights protection and the active role played by civil society organisations in the promotion and protection of human rights, in order to offer some useful insights on human rights careers in NGOs.
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Risultati dell'apprendimento attesi
At the end of the course students should be able to read the bills of rights sections of Latin American constitutions from a critical perspective, to understand their substantive content through the lens of supranational and constitutional courts' case-law and be aware of the political and legal actions NGOs engage in for protecting and promoting human rights.
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Modalità di insegnamento
The course will consist of traditional frontal lectures. However, students' active participation is strongly encouraged since each participant will have the opportunity to analyse and discuss landmark cases and deliver presentations on selected topics.
For organizational reasons due to the restrictions following Covid-19 emergency, the course will be taught in-class on Wednesdays and Fridays and online (via webex) on Thursdays (12-14)
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Modalità di verifica dell'apprendimento
Grades will be expressed in /30 taking into account the accuracy of knowledge of the subject and the quality of legal reasoning.
Written online exam (via Moodle) will consist of 15 multiple-choice questions (50% of the final mark) and one open question (50% of the final mark).
Attending students :
They may choose an alternative assessment method: in addition to the multiple-choice questions exam, a 50% of the final mark based on class presentations or other assignments.
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Attività di supporto
All PPT and teaching materials, together with mid-course self-evaluation tests will be available on the Moodle platform.
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Programma
The course will begin with an introduction to the stages of Latin American constitutional history and to the main characteristics of contemporary constitutions.
The first part of the course will focus on the content of the bill of rights sections of some specific constitutions and will be dedicated to the analysis of the different mechanisms of human rights protection. In particular, it will analyse the origins and characteristics of judicial mechanisms such as the writ of amparo and other forms of direct action of unconstitutionality such as actio popularis, but will also include non-jurisdictional mechanisms of human rights protection such as the activity of ombudsman, equality bodies and other human rights institutions.
The second part of the course will pay particular attention to the interaction between law and gender; the right to equality and non-discrimination with specific attention to indigenous people; environmental rights; welfare and cultural rights.
The final part of the course will touch on the peculiar role played by civil society organisations through their advocacy, lobbying and strategic litigation activities in the protection of indigenous people, ethnic minorities, women and LGBTI people.
Testi consigliati e bibliografia
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Non-attending students:
1) R. Dixon-T. Ginsburg, Comparative Constitutional Law in Latin America, Edward Elgar Pub., 2017, Chapters 1, 6, 8, 10, 11, 12, 14 (available at the Unito Library or Google Play ebooks).
2) A. Brewer-Carias, Constitutional Protection of Human Rights in Latin America: A Comparative Study Of Amparo Proceedings, Cambridge University Press, 2014, Part II (available online: https://www.cambridge.org/core/books/constitutional-protection-of-human-rights-in-latin-america/77E300982A37E0DBAA06DA8D67DF7DC4).
Attending students:
Essays and readings that will be uploaded on the Moodle platform during the course.
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