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NEW TECHNOLOGIES AND PROTECTION OF FUNDAMENTAL RIGHTS

CODE 104895
ACADEMIC YEAR 2021/2022
CREDITS
  • 6 cfu during the 1st year of 11162 RELAZIONI INTERNAZIONALI (LM-52) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/21
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 1° Semester
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    The course is devoted to the relationship between law and new technologies. In particular, the course analyzes the effects that information technologies have on the enjoyment of fundamental rights and on power relations within the political community.

    AIMS AND CONTENT

    LEARNING OUTCOMES

    The primary aim of the course is to give the student a critical awareness of the relationship between new technologies and fundamental rights. To this end, at the end of the course the student: will be familiar with the main categories relating to fundamental rights; will have understood how new technologies affect the enjoyment of the main fundamental rights; will be able to identify the main risks that technological development poses for the equal enjoyment of fundamental rights by citizens; will be able to critically analyse the power relations produced by new media and technologies

    AIMS AND LEARNING OUTCOMES

    The primary purpose of the course is to provide students with a critical awareness of the relationship between new technologies and fundamental rights.

    To this end, at the end of the course students:

    - will have familiarized themselves with the main categories in the field of fundamental rights; in particular, they will know the distinction between human rights, constitutional rights, inviolable rights, and fundamental rights; at the same time, they will know the three generations of rights and the purposes typically pursued by each of them; finally, they will know the distinction between positive and negative freedoms.

    - will have understood how new technologies affect the enjoyment of fundamental rights. In particular, they will have understood that technological tools create new ways of enjoying classic freedoms and, at the same time, pose risks to the equal enjoyment of fundamental freedoms by all citizens;

    - will be able to identify the main risks arising from technological development for the enjoyment of the main rights enshrined in constitutional texts. In particular, they will be able to identify the main risks that arise for the freedoms of the private sphere; those that arise for the freedoms of the public sphere and for political rights; those that arise for labor rights;

    - will be able to evaluate critically and autonomously the relations of power that are created by new technologies and to compare the dangers and threats posed by new and emerging private powers with those traditionally posed by political power.

    PREREQUISITES

    During the course reference will be made to basic notions of constitutional law. Therefore, for a full understanding of the topics covered, it is advisable to attend a comparative constitutional law course.

    TEACHING METHODS

    The class consists of 36 hours of lectures.

    For each lesson, teaching materials will be previously uploaded on the aulaweb platform, which are to be read before the lesson. In this way, the frontal exposition by the teacher is accompanied by moments of discussion and debate in which students can debate among themselves and with the teacher.

    The frontal teaching is aimed at providing basic knowledge and at illustrating the main problematic issues that concern the addressed topics. The moments of discussion are instead aimed at stimulating critical learning of students who are asked to develop their own understanding of the individual issues discussed; This understanding starts from the readings provided and the notions conveyed by the teacher and aims to promote in students an independent awareness of the topics in question.

     

    NB: preferably classes are held in traditional format (face-to-face classes); however, should the health situation make it necessary,  classes will be held online, according to the instructions that will be provided through the aulaweb platform.

     

    SYLLABUS/CONTENT

    Freedom and rights: some fundamental theoretical issues;

    The user in front of the algorithmic structure of the Internet;

    The threats to privacy and freedom of the private sphere;

    The right to be forgotten;

    Internet, social networking services and freedom of expression;

    Democracy, political participation, new technologies and fundamental rights;

    Economic freedoms, labor rights and computer platforms.

    RECOMMENDED READING/BIBLIOGRAPHY

    For attending students, readings and other materials will be provided by the teacher through Aulaweb platform;

    Non attending students should study also Molly K. Land, Jay D. Aronson (Eds), New Technologies for Human Rights Law and Practice, Cambridge University Press, 2018.

    TEACHERS AND EXAM BOARD

    Exam Board

    EDMONDO MOSTACCI (President)

    ARIANNA PITINO

    LORENZO CUOCOLO (President Substitute)

    FRANCESCO GALLARATI (Substitute)

    LESSONS

    LESSONS START

    Classes will take place in the first semester, starting in September 2021.

    Classes will begin on Thursday, September 16. The teams code for the class is aihy3p8

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    EXAM DESCRIPTION

    The final exam consists of a written test.

    The exam text consists of three parts:

    - A multiple-choice test of 10 questions

    - A second test, consisting of 5 True or False questions.

    - An open question, to be answered in an allotted space of approximately 350 words.

    ASSESSMENT METHODS

    The three parts of the written exam aim to test three different types of student abilities.

    The multiple-choice test is designed to test knowledge of the course's formative content (e.g., the categories on fundamental rights) and understanding of the main issues that arise because of new technologies.

    The true/false section consists of five short texts that present hypotheses (now true and now false) about the risks posed by technological development to certain fundamental rights - or similar issues - and is designed to test the student's ability to correctly identify these issues.

    The open-ended question is designed to test the student's ability to critically analyse the power relations arising from new media and other issues arising from technological development.

    Exam schedule

    Date Time Location Type Notes
    13/12/2021 15:30 GENOVA Scritto
    10/01/2022 10:30 GENOVA Scritto
    01/02/2022 10:30 GENOVA Scritto
    23/05/2022 14:30 GENOVA Scritto
    20/06/2022 14:30 GENOVA Scritto
    11/07/2022 14:30 GENOVA Scritto
    12/09/2022 14:30 GENOVA Scritto