Gender Justice

A.Y. 2022/2023
Overall hours
Learning objectives
By the end of course, students should successfully be able to:
- Understand the notions of gender, equality and discrimination, and women's human rights in both constitutional and international human rights law;
- Apply and developing individually a critical investigation on the topics presented during the course;
- Understand the laws and case-law presented during the course;
- Critically evaluate, compare and contrast diverse States' approaches towards the topics at issue
Expected learning outcomes
By the end of course, students should be able to:
- Learning the gaps, conflicts, and ambiguities in States' approaches to the gender discourse with a specific focus on women's and LGBTQ+'s people's rights;
- Learning critical tools to investigate and analyze the case-law of Constitutional and Supreme Courts, the ECtHR, the United Nations Human Rights Committee, and the Inter-American Court of Human Rights;
- Understanding the current controversies through a legal perspective;
- Analyzing laws and case-law on a national, comparative, and supranational approach;
- Developing and applying the notions discussed during the course.
Course syllabus and organization

Single session

Lesson period
First semester
Course syllabus
The course aims at offering a wide spectrum of investigation over the most prominent concepts and issues related to women's human rights.
Alongside the theoretical analysis, the course will interlace it with the law and it will subsequently deepen into a national and supranational case-law analysis, by way of examining cases on a constitutional, comparative and supranational dimension.
The course will touch upon the general concepts described below as a premise for the analysis of specific areas where gender-related human rights are exposed to severe and increasing tensions.

The notions of human rights and gender-specific rights
Universalism, differences, post-colonial critique, and women's human rights
The notion of discrimination from conflict-power theories to law
Equality and non-discrimination in the constitutional and supranational framework
The concept of women's rights as human rights and gender-related theories
Women's human rights between individual and collective rights
Women belonging to minority communities and their rights
Women's rights and the law concerning international human rights law treaties on women's rights and constitutional law implications

Fields of Analysis:
The Private Sphere:
Women's bodies and sexuality: from natural reproduction to artificial reproductive technologies and surrogacy-related practices to (forced) sterilization and abortion
Women's rights in the private and family life

The Public Sphere:

Women's rights before religion, personal law, and customary law
Cultural rights, women's human rights in the multicultural discourse
Minority women and Indigenous women
Women and slavery-related practices
Women's empowerment: from public health to education
Poverty and Gender inequality
Women's Rights and Language
Technological innovation, diversity, and women's human rights
Women, Peace, and Security
Women and Climate Change
Prerequisites for admission
Teaching methods

The course will be structured in frontal lessons dedicated to the theoretical discussion over the above-mentioned topics, that will be interlaced with the case-law investigation and in-class debate benefiting from the active contribution of attending students.
Students will be asked to actively participate and engage in the debate during the frontal lessons and to discuss an assigned case in class alongside the submission of a written paper.
Teaching Resources

1. S. DELLER ROSS, Women's Human Rights. The International and Comparative Law Casebook, University of Pennsylvania Press, 2013.

2. M.L. MINOW, D.E. ROBERTS, J.G. GREENBERG, L. CROOMS, L.S. ADLER, Women and the Law, New York Foundation Press, 2008.

Further readings will be indicated for each lessons.
Assessment methods and Criteria
1) Attending students:

two written papers (one assigned and one on a topic of choice)
oral exam

2) Non-attending students:

oral exam
IUS/08 - CONSTITUTIONAL LAW - University credits: 6
Lessons: 42 hours
Professor: Nardocci Costanza
Educational website(s)