Anti-discrimination law

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/08
Language
Italian
Learning objectives
The course focuses on the principle of equality and non-discrimination, both at national and supranational level. In particular, the aim of this course is to analyse the fundamental theoretical issues and also the practical procedures of judicial protection. Students will prepare class presentations on specific topics regarding the most current case-law.
To this purpose, the course will analyse:
- The constitutional principle of equality and non-discrimination;
- The principle of equality and non-discrimination at European and supranational level;
- The judicial protection of victims of discriminations;
- Factors of discrimination, such as gender discrimination, religious discrimination, racism, sexual homophobia and multiple discriminations.
- Stereotypes, hate speech, discriminatory images;
- The role of the different "actors" involved in the elaboration of policies and strategies aimed at preventing the discriminatory phenomenon (e.g. Parliament, Public Administrations and NGOs).
At the end of the course, the student will have an in-depth knowledge of the topics and will also acquire a reasoning method suitable to deal with more specific and complex legal issues.
Expected learning outcomes
According to the guidelines of the Dublin descriptors, the aim of this course is to provide students with:
· Applying knowledge: students shall be able to employ notions acquired during the course to the understanding of current events, ongoing case law and pending reforms;
· Communication: students shall be able to express notions and opinions correctly, using the appropriate terminology;
· Lifelong learning skills: students shall acquire good individual study skills.
· Ability to recognize discriminatory acts;
· Ability to identify the correct means of judicial protection;
· Ability to develop strategies to prevent discriminations.
Course syllabus and organization

Single session

Responsible
Lesson period
First semester
Teaching method
The lesson will be held in presence, if it is possible, and they will be also synchronously transmitted on the Microsoft Teams platform. If it is not possible, the lessons, according to the first semester timetable, will be held synchronously on the Microsoft Teams Platform.
All lessons can also be followed asynchronously because they are recorded and made available to students on the same Microsoft Teams platform and Ariel.

Program and material

The program and the material will not be changed.

Learning verification and evaluation criteria
The exam will take place in oral form using the Microsoft Teams platform or, if permitted, in presence, always in oral form.
The evaluation criteria will not be changed.

There could be variations due to the development of the health situation.
In any case, in the event that it would be impossible to attend in presence, the development of distance learning would be guaranteed.
Course syllabus
Part I. Preliminary concepts and principles
- The principle of equality and non-discrimination in the constitutional system
- The principle of equality and non-discrimination in the supranational and European system
- Preliminary concepts: direct discrimination and indirect discrimination
- Judicial protection and procedures

Parte II. Basic notions
- The principle of equality in the italian constitutional system
- Direct and indirect discrimination
- The principle of equality in the european and supranational system

Part III. Factors of discrimination
- Gender inequalities in Italian constitutional history
- Gender discrimination in politics and at work
- Disability discrimination
- Religious discrimination
- Sexual orientation and homophobia
- Racial discrimination
- National origin discrimination
- Multiple discrimination

Part IV. The 'new' forms of discrimination
- Hate-speech and cyberbullying
- Discriminatory images and advertising
- Gender-based violence

Part V. The role of international organisations, NGOs and institutions in preventing discrimination
- The role of the institutions in preventing and combating discrimination
- The role of NGOs and international organisations
Prerequisites for admission
Students must have passed constitutional law and private law
Teaching methods
The teaching methods are: a) frontal lecture; b) the course aims also at stimulating the active participation of the students, who will eventually prepare class presentations on current cases and specific topics
Teaching Resources
Attending students will have the opportunity to prepare the exam a) by studying the material provided in class and uploaded to the Ariel platform b) by eventually preparing class presentation on specifics topics.
Suggested reading: M. D'Amico, Una parità ambigua. I diritti delle donne nello Stato costituzionale, Cortina, 2020.

Non-attending students must prepare the exam by a) studying materials uploaded to the Ariel platform (normative references, case law, literature and slides) b) reading M. D'Amico, Una parità ambigua. I diritti delle donne nello Stato costituzionale, Cortina, 2020
Assessment methods and Criteria
- Attending students: optional presentation in class on current cases or specific topics; final oral exams.
The evaluation is expressed with a mark in thirtieth, and evetually laudem. The evaluation will take into account: the knowledge of course content; the quality of the optional class presentation; the ability to argue and critical reasoning.

- Non attending students: final oral exam, with a mark in thirtieth, and eventually laudem.
IUS/08 - CONSTITUTIONAL LAW - University credits: 6
Lessons: 42 hours
Educational website(s)