Scienze e tecniche dell’educazione e dei servizi per l’infanzia, classe L-19
Children’s rights law
Anno accademico: 2021/2022
Periodo: YEAR III; SEMESTER 2
Crediti: ECT: 6 CFU
Research Fellow at the University of Perugia. Biolaw Area, subject Ius/01 (Private Law). Current position.
Volunteer operator of the “Altro Diritto” Association at the Juvenile Penal Institute of Florence.
Habilitation to the profession of lawyer, Court of Appeal of Perugia, November 2018.
Advanced Training Course in “Defence of children at risk, legal instruments of protection for minors” at the Scuola Superiore dell’Avvocatura, Rome. May-November 2018.
PhD in Law and protection: contemporary experience and comparative Romanistic legal system, University of Rome, Tor Vergata, June 2018.
Visiting Researcher, Max Planck Institut für Ausländisches und Internationales Privatrecht , Hamburg, September-November 2016.
Lecturer in Private Law, Department of Economics, University of Perugia, Chair Prof. F.Scaglione.
Lecturer in Roman Law, Department of Law, Luiss Guido Carli, Rome, Chair Prof. A. Masi.
Traineeship at the Ministry of Foreign Affairs, Diplomatic Ceremonial of the Republic, Litigation Department, September 2012-January 2013.
Law degree, Luiss Guido Carli, Rome, 2012.
The teaching course in Children’s Rights Law is divided into 2 modules:
- Module 1 – The legal status of the child
Entitlement and defence of rights: general notions. Child protection and the legal status of the minor in the main International Conventions and European regulations. The Constitutional Statute of the minor.
- Module 2 – The rights of the child in new social issues
Elements of civil and criminal juvenile law. Children and justice. Protection of children’s rights in the context of new social issues
The course is divided into two modules. The first module deals with the issue of child protection and the legal status of the children in the main International Conventions and European Regulations. The second module looks at the status of children in the Italian Constitution, focusing the analysis on legal instruments to protect the underage rights in new social issues. The need for protection of the child requires special precautions and measures by Institutions; since all operators, including legal ones, must compete in order to ensure to the child << the harmonious and complete development of his personality >> as established by the sixth recitals of the New York Convention. It is one of the aims of the course to train students with valid skills on the problems of protecting minors in the current social context, also examining in depth specific issues such as the relationship of minors with modern information and communication media. In particular, attention will be focused on the study of the regulations and institutions that are most closely related to the educational sciences.
The course aims to provide a basic knowledge of the main international and European texts relating to the defence of the rights of children and adolescents. The analysis of the constitutional text and the references to civil and criminal juvenile law regulations will be developed in order to meet the students’ information and training needs through an approach aimed at promoting the culture of childhood in transversal terms. It is one of the aims of the course to train students with valid skills on the problems of protecting minors in the current social context, also examining in depth specific issues such as the relationship of minors with modern information and communication media. In particular, attention will be focused on the study of the regulations and institutions that are most closely related to the educational sciences.
Learners are expected to acquire basic knowledge on the instruments of protection of children and adolescent’s rights, in order to understand the needs of care and legal protection of minors. The student’s expected learning outcomes involve understanding of the basic general categories of reference and constitutional provisions; knowledge of current legislation and understanding of the most debated and controversial topics in child protection.
- Ability to read, interpret and comment on legal texts on child protection.
- Knowledge of the legal status of the minor in relation to the national law.
- Ability to argue about the issues of juvenile procedural and substantive law debated and analysed, also from a critical perspective.
- Knowledge of the most important international conventions, directives and European regulations.
- Examining in depth the legal aspects of current juvenile issues and related problems.
- 6 recorded video lessons available on the platform;
- Podcasts of all the above-mentioned video lessons;
- The possibility to arrange a synchronous lesson will be considered.
- 1 course orientation forum;
- 2 thematic follow-up forums (1 per module);
- Possibility to carry out group assignments.
Teaching materials are provided for each module: in-depth thematic studies, articles and slides by the lecturer, open-access readings, online resources, reference bibliography, etc.
- Magno, Elementi di diritto minore, la tutela dell’infanzia e dell’adolescenza nel diritto interno e internazionale, Giuffrè Francis Lefebvre, Milan, 2019. The chapters to be studied will be indicated in class.
All students are encouraged to read carefully the UN Convention on the Children’s Rights. For the final examination, it is also necessary to consult the Civil Code and study the provisions of the Italian Constitution relating to the subject under examination.
The professor reserves the right to recommend further readings and to provide students with case law material.
Access to the final examination is subject to the following 2 e-activities:
For module 1 – multiple-choice self-assessment test;
For module 2 :
The student will be offered the possibility to choose one activity among the 3 proposed:
- comment on a judgment;
- development of one of the thematic cruxes of the volume recommended as a reference text;
- comment on a normative text.
The assessment of learning will take place through an oral interview on the course contents and on the report(s) presented. The grade (min 18, max 30 with possible honours) is determined by the level of performance for each of the following dimensions of the oral interview: mastery of content, appropriateness of definitions and theoretical references, clarity of argument, command of specialist language.
Oral interview in presence.