Gender justice

A.A. 2020/2021
6
Crediti massimi
42
Ore totali
SSD
IUS/08
Lingua
Inglese
Obiettivi formativi
At the end of the course the student who has successfully learned the subject will have a thorough knowledge of the course topics and a reasoning method suitable for dealing with more specific and complex legal issues with respect to the principle of equality and gender discriminations, as well as women's rights, and more in particular:
- notion of gender
- theories of gender justice
- principle of equality
- women's rights and reproduction
- women's rights in the family
- women's rights and culture
Risultati apprendimento attesi
By the end of this course, students should be able to:
- Understand and evaluate critically legal issues regarding the principle of non-discrimination and women's rights;
- Have knowledge of the rules and mechanisms provided for by international courts and tribunals in order to deal with scientific matters;
- Acquire communication skills (written and oral) as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language.
It is hoped that students will leave the course equipped with a skill set that is easily transferable and applicable to whichever career path they choose to pursue.
Programma e organizzazione didattica

Single session

Responsabile
Periodo
Primo semestre
Programma
he course investigates how gender reacts in a wide range of topics and contexts, in order to draw the state of women's and Lgbti's human rights and to assess the origins of their violations along with possible remedies.
At the end of the course, students should be capable of analyse a problematic case and give a remedy assuming a point of view of an advocate or a judge.
The course maintains a strong link with second semester course, Women Empowerment (Professor Stefania Leone and Professor Costanza Nardocci) whose program allows an integrated approach to issues pertaining to women's rights. Joined attendance to both courses is encouraged.

Analytical Program:
At first the course will explore the theoretical underpinnings of constitutional women's and Lgbti's human rights and will provide a foundation on the legal instruments pertaining to such rights, assured by constitutional law, European Union law and the Convention for the Protection of Human Rights and Fundamental Freedoms.
With this legal ground, the course will examine a variety of cases also through a comparison with other relevant legal orders.
Issues of Gender Justice have been articulated in many contexts:
Foundation of a family
Reproduction and Pregnancy
Gender stereotypes
Gender violence
Intersectional discriminations
Multiculturalism

In particular, the course focuses on:
-Gender justice and reproduction: abortion
-Gender justice and reproduction: artificial procreation
- Gender justice and foundation of a family (Marriage and Alternatives to Marriage)
- Gender stereotypes: sexism in advertisement
- Gender justice and violence against women: the role of criminal and international law
-Intersectional discriminations against women and Lgbti
- Multiculturalism: Islamic scarf, genital mutilation, polygamy, forced marriage

Erasmus students: No specific programmes for Erasmus students
Prerequisiti
none
Metodi didattici
The course aims to provide students with all the tools necessary to deal with the topic of the course in a dynamic way; particular emphasis will be given to the presentation and discussion of the judicial cases most debated, with the additional aim of developing the skills of critical analysis and of argument.
Materiale di riferimento
Documents and Materials will be available on the Ariel web platform of the course and on the Microsoft Teams Platform.

Women and the Law, Martha L. Minow, Dorothy E. Roberts, Judith G. Greenberg, Lisa Crooms, Libby S. Adler, New York Foundation Press [St. Paul, Minn], Thomson/West, 2008.
"Perspectives on Political Participation, Human Security and 'Gender Education': The Italian Case (from the Equality Deficit to the Challenges of Multiuculturalism)", Marilisa D'Amico, in International Perspectives on Gender Equality & SocialDiversity, Edit ed by Miyoko Tsujimura, Gender Law & Policy Center, TohokuUniversity, Tohoku University Press, 2008
Modalità di verifica dell’apprendimento e criteri di valutazione
The evaluation for attending students (75% of the attendance) grounds on:
a) an in-class-presentation, which focuses on a case law, as set out by the teacher, who will provide the student with the necessary documents (judgments and theoretical essays); the presentation can be individual or offered by a by a small team of students. The duration is more or less 30 minutes and comprehends questions put by the teacher and by the other students. The teacher will evaluate the capacity to focus on the problems and make a critical analysis of the remedies with a technical language. Students will be evaluated with a grade out of 30. The grade will be communicated in the first class after the presentation.

b) a written test, where students will be required to explain problems underlying a case law and doctrine on a theme among those explained during the course and put in relation the strengths and weaknesses of the solution given by judges and/or scholars, and then to explain their own point of view. The teacher will evaluate the capacity to focus on the problems and make a critical analysis of the remedies with a technical language. The written test will take place in class at the beginning of December and have a maximum length of 90 minutes. Students will be evaluated with a grade out of 30. The grade will be communicated in class to each student in the last part of the course.

c) an in-class-participation to the discussion, by putting relevant questions, making comments or answering to problems raised by the teacher. During the course, in order to properly prepare for such a discussion, students will be provided with additional study material and case-law that will be regularly uploaded and updated on the Ariel Platform. The students will be evaluated with a grade and the duration is from the beginning of the course ongoing.

d) an oral exam (interview with the teacher) after the end of the course on the whole program of the course. Students will be evaluated with a grade out of 30.

If conditions a), b) and c) are met, the grade consists in the average of the three grades achieved, while the student will not be required to have the oral exam with the teacher; for those who wish to try to enhance the grade, it is still possible to have an interview with the teacher.

In conclusion, attending students can, at their choice, opt for:
a) an in-class-presentation and an oral exam after the end of the course
b) a written test during the course and an oral exam with the teacher
c) an in-class-presentation and a written test

For students who do not attend the course: the exam will consist of an interview with the teacher to assess their knowledge of the program.
IUS/08 - DIRITTO COSTITUZIONALE - CFU: 6
Lezioni: 42 ore
Siti didattici
Docente/i
Ricevimento:
Mercoledì ore 17.00
Stanza piano terra, presso il Dipartimento di diritto pubblico