Anti-Discrimination Law
A.Y. 2023/2024
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.
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.
· 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.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
Part I. Concepts and principles of anti-discrimination law
- Introduction to anti-discrimination law
- The principle of equality: historical evolution and affirmation in the Constitution
- The principles of anti-discrimination law in the constitutional system: between formal and substantive equality
- The international conventions to combat discrimination and the ECHR
- The European Union and the anti-discrimination directives
-The types of discrimination: direct, indirect, harassment, multiple, intersectional, potential, reciprocal
Part II. The judicial protection of discriminated subjects
-Judicial protection and the anti-discrimination procedure
-The role of institutions and NGOs in combating discrimination
Part III. The factors of discrimination
- Gender discrimination
- Racial discrimination. Discrimination against linguistic and religious minorities.
- Discrimination on the grounds of disability
- Discrimination on grounds of nationality, residence permit and against asylum seekers
- Discrimination on grounds of age
- Discrimination on the grounds of sexual orientation
Part IV. The different forms of discrimination
- Images and discrimination.
- AI and discrimination
- Discriminatory language, hate speech, hate crimes
- Introduction to anti-discrimination law
- The principle of equality: historical evolution and affirmation in the Constitution
- The principles of anti-discrimination law in the constitutional system: between formal and substantive equality
- The international conventions to combat discrimination and the ECHR
- The European Union and the anti-discrimination directives
-The types of discrimination: direct, indirect, harassment, multiple, intersectional, potential, reciprocal
Part II. The judicial protection of discriminated subjects
-Judicial protection and the anti-discrimination procedure
-The role of institutions and NGOs in combating discrimination
Part III. The factors of discrimination
- Gender discrimination
- Racial discrimination. Discrimination against linguistic and religious minorities.
- Discrimination on the grounds of disability
- Discrimination on grounds of nationality, residence permit and against asylum seekers
- Discrimination on grounds of age
- Discrimination on the grounds of sexual orientation
Part IV. The different forms of discrimination
- Images and discrimination.
- AI and discrimination
- Discriminatory language, hate speech, hate crimes
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 must study slides and readings provided in class, uploaded onto the Ariel platform.
It is also compulsory to study chapters 5, 8, 10, 11, 12 of the book M. D'Amico,Un parità ambigua. Costituzione e diritti delle donne, Cortina, 2020.
Non-attending students must study slides and readings uploaded on the Ariel platform.
It is also compulsory the study of the entire book: M. D'Amico, Una parità ambigua. Costituzione e diritti delle donne, Cortina, 2020.
It is also compulsory to study chapters 5, 8, 10, 11, 12 of the book M. D'Amico,Un parità ambigua. Costituzione e diritti delle donne, Cortina, 2020.
Non-attending students must study slides and readings uploaded on the Ariel platform.
It is also compulsory the study of the entire book: M. D'Amico, Una parità ambigua. Costituzione e diritti delle donne, 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.
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.
Educational website(s)
Professor(s)