The aim of the course is to provide students with knowledge and skills related to the evolution and contents of political and institutional reforms and legislation on social citizenship and guarantees of social rights with particular regard to the effects on social services.
At the end of the course the student has acquired:
- the ability to analyze the system of protection of social rights;
- the ability to investigate legal issues relating to personal services
scheda docente
materiale didattico
Title:
SOCIAL RIGHTS AND THE ETHIC DIMENSION OF HELPFUL RELATIONSHIP
6 CFU (36 Hours) – II sem. (March-May)
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.
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.
Teaching Method and Learning assessment procedures
Classroom lessons
The examination consists in an intermediate written exam, for those attending only, and in a final oral exam.
Reference Texts:
1) R. BIN, G. PITRUZZELLA, D. DONATI, Diritto pubblico per i servizi sociali, Giappichelli Editore, Torino: Capitoli X, XI e XII - pp. 153-330
2) 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
3) C. COLAPIETRO, F. GIRELLI, Persone con disabilità e Costituzione, Editoriale Scientifica
1) R. BIN, G. PITRUZZELLA, D. DONATI, Diritto pubblico per i servizi sociali, Giappichelli Editore, Torino: Capitoli X, XI e XII - pp. 153-330
2) 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
3) C. COLAPIETRO, F. GIRELLI, Persone con disabilità e Costituzione, Editoriale Scientifica
Programma
COURSETitle:
SOCIAL RIGHTS AND THE ETHIC DIMENSION OF HELPFUL RELATIONSHIP
6 CFU (36 Hours) – II sem. (March-May)
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.
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.
Teaching Method and Learning assessment procedures
Classroom lessons
The examination consists in an intermediate written exam, for those attending only, and in a final oral exam.
Reference Texts:
1) R. BIN, G. PITRUZZELLA, D. DONATI, Diritto pubblico per i servizi sociali, Giappichelli Editore, Torino: Capitoli X, XI e XII - pp. 153-330
2) 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
3) C. COLAPIETRO, F. GIRELLI, Persone con disabilità e Costituzione, Editoriale Scientifica
Testi Adottati
Reference Texts1) R. BIN, G. PITRUZZELLA, D. DONATI, Diritto pubblico per i servizi sociali, Giappichelli Editore, Torino: Capitoli X, XI e XII - pp. 153-330
2) 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
3) C. COLAPIETRO, F. GIRELLI, Persone con disabilità e Costituzione, Editoriale Scientifica
Bibliografia Di Riferimento
The reference bibliography will be indicated in class and published on FormolineModalità Erogazione
The mode of delivery is traditional, in presenceModalità Frequenza
optionalModalità Valutazione
The exam will consist of an intermediate written test, for attending students only, and an oral test at the end of the lessons. For students not attending the exam will consist of an oral interview on: - the contents of the teaching material (slides of lectures, documents, essays) published in Formonline; - the contents of all reference texts published on Formonline. For attending students who, instead, have actively participated in the course - according to the indications that will be specified in class - the exam will focus on: a) in a 60-minute intermediate written test covering: - the contents of teaching material (slides of lectures, documents, essays) published in Formonline; - the contents of the text by R. BIN, G. PITRUZZELLA, D. DONATI, Public Law for Social Services, Giappichelli Editore, Torino: Chapters X, XI and XII; - what I will be specifically dealing with in class. b) in individual work consisting in the preparation of a thesis - and related oral presentation - on one of the topics from which the student can choose. This work will also be the subject of judgment and will take into account the originality and the expositive capacity of the student. The written test will assess the ability of the student to treat the socio-legal institution, the ability to understand the topics covered by the program as well as the successful acquisition of the appropriate legal language. As for the oral question, expressed by a vote in thirtieth, it consists in an interview that includes at least three questions, with reference to the entire program of the course "Social Rights and weak subjects", as indicated in the reference texts. During the oral exam, the knowledge and comprehension of the topics covered by the exam program, the reasoning ability and the logic of the arguments will be verified. The ability to apply the institutions covered in the course and the autonomy of judgment will be ascertained by inviting the student to also discuss the institutions in a context of connection with a possible internship addressed, able to integrate theoretical and practical learning. Communication skills and the acquisition of the appropriate legal language will also be evaluated. In order to pass the exam, the threshold of sufficiency is considered reached when the student has shown knowledge and understanding of the institutions covered by the program, indicated in the reference texts, and has demonstrated the ability to make the necessary connections between the various parts of the program.