20101445 - LEGAL CLINIC: RIGHTS OF CHILDREN

PURPOSE: THE "LEGAL CLINIC IN RIGHT OF THE CHILD" YES AIMS TO: 1) OFFER STUDENTS A QUALIFIED LEGAL TRAINING ON LEGISLATION ON CHILDREN'S RIGHTS, ADOPTING AN INNOVATIVE APPROACH TO PRACTICE-ORIENTED, 2) PROMOTE GREATER AWARENESS ABOUT THE PROBLEMS THAT THE CHILDREN IN SITUATIONS OF DISCOMFORT MEET IN ACCESS TO JUSTICE AND IN WARRANTIES OF RIGHTS 3) BUILD A NETWORK OF COLLABORATION BETWEEN THE ACADEMIC (STUDENTS AND PROFESSORS), LAWYERS SPECIALISED IN THE MATTER OF CHILDREN'S RIGHTS AND CIVIL SOCIETY ORGANISATIONS ACTIVE IN THE CONTEXT OF THE PROTECTION OF CHILD, 4) DEVELOP STRATEGIES DESIGNED TO BRING PROCEEDINGS IN OVERCOMING THE MORE SIGNIFICANT AND WEAKNESSES OF THE LEGISLATION AND ITS NON-INFRINGEMENT, WITH REGARD TO INTERNATIONAL STANDARDS
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Programma

Topics that will be covered in the course: 1. Children’s rights in international acts and in the EU legislation – 2. Child protection between administration and jurisdiction – 3. Child protection: competencies’ distribution between central authority and local authorities – 4. Administrative protection of the child: (in Italy) social services, foster communities’ activities and family support. – 5. Children and trial – 6. Children and the right to be heard – 7. Children and the protection of vulenrability – 8. The protection of children with disabilities – 9. The protection of children with imprisoned mothers – 10. The protection of nomadic children – 11. The protection of the foreign children – 12. Children and humanitarian protection – 13. Unaccompanied children – 14. Children and denial of refugee status – 15. Children and issues related residence permit – 16. The children’s right to a family status: the right to grow up in one’s own family – 17. Children’s family relationships – 18. Parental responsibility – 19. The custody of children with family difficulties – 20. The right to a substitute family (adoption) – 21. Children’s right to build his or her own family – 22. The rights of the child in social life (the rights of citizenship) – 23. Children and violence – 24. The child’s right to health – 25. Children’s right to education – 26. Bullying and cyberbullying – 27. Privacy and children rights.

Testi Adottati

ETTORE BATTELLI, Diritto privato delle persone minori di età, Giappichelli, Torino, 2021

The Professor will supply all the required materials (mainly slides and notes) available on the e-learning platform.

Modalità Erogazione

The lectures will be accompanied by seminars on specific topics as well as a constant teaching tutoring aimed at monitoring and verifying the level of understanding of the topics covered. Students will be given a practical case to investigate. Each student will have to confront each other in the classroom on the possible solutions to the juridical issue involved. During the course, students are offered the opportunity to participate in the activities of the "Punto Luce" reserved for children at the Save the Children’s points, in accordance to the modalities agreed with the latter. The clinic, therefore, becomes a driver fora social function capable of directing - in the context of practical activities at the University and at the counsulting points (at Save the Children’s "Points of Light") accesible in the territory of Rome - the skills acquired by the students in favor of disadvantaged, discriminated or generally socially excluded or forgotten subjects, providing a tangible service to the community in a broader sense. It is not just a matter of conducting simple practices, but of giving rise to a real legal assistance task on behalf of children and their family members, ranging from purely administrative and/or assistance activities to more properly legal preparation to court actions. Students may, thanks to the traditional casistic and practical approach of legal clinics, specialize their knowledge in children law through the analysis and the study of real practical issues. In the "Legal Clinic in Children Law," students – supervised by specialized lawyers – wear the “dress” of legal practitioners. The challenge of these activities is to see students, practitioners, lawyers and faculty engaged in piecing together the fragments of a great choral novel, of which all are unwitting custodians. Relevant attention will be paid to the practical approach that enables the participants to make contact with the concrete attitudes of the legal phenomena under study. In this way, the aim is to observe and to deepen the legal problems inherent in the topics covered from a practical and concrete perspective, as a natural evolution of the knowledge acquired about theoretical and institutional notions.

Modalità Frequenza

Compulsory attendance and participation in classroom exercises.

Modalità Valutazione

The clinic is aimed at enhancing students’’ personal inclinations, facilitating professional choices through direct knowledge of the field of children protection and assistance to families in difficult sistuations. To this end, evaluation criteria of the course are assiduous attendance at lectures, commitment and active participation in the classroom and in Save the Children’s activities, study and sharing with colleagues of assigned cases, as well as a final report and general interview on the topics addressed during the Clinic and on recommended readings. The assessment of learning takes place through an oral test assessed by the minimum mark of 18/30, corresponding to the basic knowledge of all parts of the program and of the technical language, to the maximum mark of 30/30 with honors, which is equivalent to excellent mastery of the topics, appropriate or excellent property of language, appropriate or excellent analytical ability and practical resolution of legal issues.