Università Roma Tre

Course description:

The core of this course is the relationship between the rights enshrined in a selected number of European Constitutions and the human rights and fundamental freedoms safeguarded by the European Convention on Human Rights (1950). The perspective of the analysis is given by the rights of persons deprived of their liberty by a public authority: do the European legal systems actually protect their human rights? How far can the deprivation of liberty go limiting their rights on the basis of security concerns? How the detentive model in force (conditions, regime, living space etcetera) interferes with the effective protection of prisoners’ rights?

The course will move from the analysis of European Convention on Human Rights (ECHR) and, in particular, the article 3 that states:”No one will be subjected to torture or inhuman or degrading treatment or punishment”. The jurisprudence of the European Court of Human Rights concerning the violation of this article will be examined. In parallel, the course will consider the reports of the European Committee for the prevention of torture tasked to monitor places of deprivation of liberty in order to identify elements and situations that could develop in inhuman or degrading treatment and even to torture.

Starting from these texts of reference, we’ll carry out a comparative analysis of the relationship between the ECHR and the Constitution of six European countries, having different traditions, different history to democracy and different political systems: Finland, The Former Yugoslav Republic of Macedonia, France, Germany, Italy, Spain. The focus will be the relation between principles and rights enshrined in these Constitutions and the relevant law regulating detention and other forms of deprivation of liberty by a public authority, under the perspective of the principle set out in article 3 ECHR.
Particular attention will be given to the safeguard of health, privacy, familiar relations of the detainees and above all to their right not to be subjected to torture or inhuman or degrading treatment or punishment.

Course Learning Activities
The course consists of lectures on the main subjects (ECHR, Constitutions) and analysis of Council of Europe Reports concerning the six selected States (as case analysis).

Assessment tools

Student evaluation will be based on class work and class participation (only on pass/fail basis

Course textbooks (suggested):
J. Murdoch, The treatment of prisoners, Council of Europe Publishing, 2006
G. Amato, Corte costituzionale e Corti europee, il Mulino, 2015
R. Morgan, M. Evans, Combating torture in Europe, Council of Europe Publishing, 2001