Juvenile civil Law
Scientific Disciplinary Sector (SSD)
IUS/01 - PRIVATE LAW
Sem. 1B dal Nov 15, 2021 al Jan 12, 2022.
Knowledge and understanding 1. Knowledge and understanding of the legal and pedagogical meaning of children's rights in the Italian Constitution and in the international charters. 2. Knowledge of the national legislation and regional laws relating to infancy. 3. Understanding the profound connection between the "educational needs" of children, the "right" of children to see this right realized and the contemporary "educational duty" of adults and society in general towards them. Applying knowledge and understanding 1. Being able to deepen the understanding of the main childhood problems, considered from the point of view of the "rights" of childhood. 2. Understanding of how art 3 can be applied in daily educational practice of the Convention on the Rights of the Child, which states the need in every situation to respect the "best interests" of children in a "prominent" way. 3. Being able to connect in a single vision of children rights and the universal rights of human beings.
The course aims at teaching students, also through the study of case law, the principles and fundamental concepts concerning the legal protection of minors. The course will therefore analyse the provisions of the Civil Code concerning minors, the rules on custody and adoption, the fundamental rights and freedoms of minors, the system of guardianship. All this will also be accompanied by the study of the competences of the Juvenile Court and the related process. The aim of the course is to provide the legal tools to cope with the various situations of distress, especially of a family nature, in which a minor may find himself.
The sources of juvenile law. Principles and categories
Institutions for the protection of minors: procedural protection; social and health services; the third sector.
The filiation relationship and new parenthoods
Child protection in family crisis
Civil liability and violence in the family
Child protection and guardianship
Civil protection of minors (disqualifications, judicial and administrative emergency protection, removal)
Foster care and adoptions
Vulnerable minors (foreign minors; special orphans, disabled minors).
The course consists of 36 hours of lectures (supported by the use of ppt presentations), which involve the active participation of students, according to the Problem Based Solving (PBS) method, through the analysis of case studies to be solved in class.
Students are invited to come to class with the Civil Code and other legislation, which will be indicated, so that they can develop an adequate ability to read and interpret the law.
During the course of the academic year, students can make use of the weekly reception service, on the day and at the time indicated on the lecturer's web page, to clarify any doubts or to study in depth profiles of particular interest.
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For students who attend the lectures, the assessment of learning will be based on an oral test on the topics addressed during the course.
For those who do not attend the lessons, the verification of learning will be based on a single oral test.
The assessment of learning will be carried out in Italian.
Evaluation criteria and grade composition
For students who attend the lessons and take the tests, the mark will be awarded by means of an oral test on the topics covered during the course (100%).
For students who do not attend the lectures, the score is based on the single oral test.
The evaluation will take place through the following criteria
- the depth and breadth of knowledge gained;
- the property of language
- analytical and argumentative capacity;
- capacity for critical reflection.
The final assessment is expressed in 30ths. The awarding of an honours degree is linked to the following assessment of the examination: complete control of the discipline, excellent command of language, excellent analytical and argumentative capacity and capacity for critical reflection on the regulations.