Gender Justice
A.Y. 2023/2024
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
- 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.
- 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.
Lesson period: First 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
First semester
Course syllabus
Overview:
The course aims at offering a wide spectrum of investigation over the most prominent concepts and challenges related to women's human rights in the global scenario.
The theoretical analysis will interlace the investigation of the law and its application through the examination of the relevant national and supranational case-law.
The methodology of the course will rely on by on constitutional, public comparative and international human rights law.
Eventually, the course will touch upon the general concepts described below as a premise to investigate areas, where gender-specifics rights are currently exposed to severe and increasing worldwide tensions.
Notions and Concepts:
Human rights and gender-specific rights
Universalism, differences, post-colonial critique and women's human rights
The concept and social phenomenon of discrimination, and of gender-based discrimination, from conflict-power theories to the law
Equality and non-discrimination in the constitutional and supranational framework
Women's human rights as human rights and gender-related theories
Women's human rights between individual and collective rights
Women and Cultures
Women and Minority Rights
Women's rights and the law in international human rights law treaties and in constitutional law
Fields of Analysis:
a) The Private Sphere:
Women's bodies and sexuality: natural reproduction, artificial reproductive technologies, surrogacy
Abortion, forced sterilization and forced abortion
Violence against women and domestic violence
b) The Public Sphere:
Women's rights and legislative pluralism: state laws, personal law and customary law
Cultures and women's human rights in the multicultural discourse
Minority women versus Indigenous women
Women and slavery-related practices
Women's empowerment: public health and the rights to education
Poverty and Gender inequality
Gender and Language
Technological innovation, artificial intelligence and women's rights
Women, Peace and Security
Women and Climate Change
The course aims at offering a wide spectrum of investigation over the most prominent concepts and challenges related to women's human rights in the global scenario.
The theoretical analysis will interlace the investigation of the law and its application through the examination of the relevant national and supranational case-law.
The methodology of the course will rely on by on constitutional, public comparative and international human rights law.
Eventually, the course will touch upon the general concepts described below as a premise to investigate areas, where gender-specifics rights are currently exposed to severe and increasing worldwide tensions.
Notions and Concepts:
Human rights and gender-specific rights
Universalism, differences, post-colonial critique and women's human rights
The concept and social phenomenon of discrimination, and of gender-based discrimination, from conflict-power theories to the law
Equality and non-discrimination in the constitutional and supranational framework
Women's human rights as human rights and gender-related theories
Women's human rights between individual and collective rights
Women and Cultures
Women and Minority Rights
Women's rights and the law in international human rights law treaties and in constitutional law
Fields of Analysis:
a) The Private Sphere:
Women's bodies and sexuality: natural reproduction, artificial reproductive technologies, surrogacy
Abortion, forced sterilization and forced abortion
Violence against women and domestic violence
b) The Public Sphere:
Women's rights and legislative pluralism: state laws, personal law and customary law
Cultures and women's human rights in the multicultural discourse
Minority women versus Indigenous women
Women and slavery-related practices
Women's empowerment: public health and the rights to education
Poverty and Gender inequality
Gender and Language
Technological innovation, artificial intelligence and women's rights
Women, Peace and Security
Women and Climate Change
Prerequisites for admission
None
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.
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
Materials and Readings will be fully available on MyAriel.
Assessment methods and Criteria
1) Attending students:
two written papers (one assigned and one on a topic of choice among those addressed during the course)
oral exam
2) Non-attending students:
oral exam
two written papers (one assigned and one on a topic of choice among those addressed during the course)
oral exam
2) Non-attending students:
oral exam
Educational website(s)
Professor(s)