Università Roma Tre

SOCIAL RIGHTS AND THE ETHIC DIMENSION OF HELPFUL RELATIONSHIP
6 CFU (36 Hours) – II sem. (March-May)

Training objectives of the course
The course aims to provide an updated and comprehensive framework of social rights, especially in relation to socio-political transformations which have been invested for several years now, that they required a deep rethinking ethics in particular.
The course will address the concept of social rights in public law, focusing in particular on the historical genesis of social rights and the role of the State in their process of affirmation. Will then addressed the issue of social rights in our legal system, starting from constitutional text, to allow the student to gain an overview of the effectiveness of those rights in our sorting, with regulatory and jurisprudential references.
Some items also will be provided for understanding the development of social rights in the liberal State, as will be analyzed the issues related to the affirmation of the cd. "new rights", as well as the effect of the economic crisis and budgetary constraints on social Status (in the latter case through a special reference to the most recent jurisprudence of the Constitutional Court). Will be the analysis of the regulatory framework, and institutional administration on social assistance, starting with the framework law on social services (l. 328/2000).
The course aims to deepen the content of social rights, operating from a theoretical analysis of the principles of sorting the concrete work that the social worker will conduct, with particular reference to the protection of the person's right to autonomy and membership group and usability guarantee rights.
In this perspective, the course will address, inter alia, the rights of individuals, taking into consideration in particular the issues relating to disability rights.

Course program
1. Social rights: historical origins and evolution.
2. Social rights in the Constitution: the primacy of the person in the constitutional design of social justice.
3. The constitutional guarantee of social rights.
4. The role of the jurisprudence of the Constitutional Court in the path of affirmation of social rights.
5. Emerging rights: State forms and recognition of rights.
6. The foundation of "new rights" into the Constitution: their recognition and effectivity.
7. The issue of "new rights" in the jurisprudence of the Constitutional Court.
8. Conditional and unconditional social rights
9. Social rights and budgetary constraints: the guarantee of essential performance levels and balance with the constitutional principle of a balanced budget.
10. Social solidarity and the role of the "helpful relationship" in the public sector: the assessment of needs , the course of action , the instruments of social workers .
11. Private social assistance in framework law No. 328/2000 on social services.
12. The social services in Italy and the provision of welfare benefits: social solidarity, voluntary and third sector as an alternative to the impossibility of implementation of public policies and social welfare in the age of global economic crisis.
13. Rights of the disable and Constitution.

Teaching Method and Learning assessment procedures
Frontal lessons. The course consists of lectures.
The examination consists in a final oral exam.


Reference Texts
R. BIN, G. PITRUZZELLA, D. DONATI, Diritto pubblico per i servizi sociali, Giappichelli Editore, Torino: Capitoli X, XI e XII - pp. 153-330
E. CODINI, A. FOSSATI, S. A. FREGO LUPPI, Manuale di Diritto dei servizi sociali, Giappichelli Editore, Torino: Parte III (APPROFONDIMENTI) - Capitoli I-VIII - pp. 291-388

R. BIN, G. PITRUZZELLA, D. DONATI, Diritto pubblico per i servizi sociali, Giappichelli Editore, Torino: Capitoli X, XI e XII - pp. 153-330