Migrations, diversity and non-discrimination

A.A. 2022/2023
Crediti massimi
Ore totali
IUS/07 SPS/07
Obiettivi formativi
This course provides the theoretical and analytical tools necessary for engaging with scholarly research on migration and cultural discrimination. Students will engage with issues that are crucial for the ongoing political crisis of many western democracies, impacting upon the very meaning of 'citizenship', when citizens feel progressively unsafe and seem prone to accept populist regressions promising more security and controls. The course integrates the two 'bottom-up' and 'top-down' dimensions, linking systematically the analysis of the public domain with that of the policy domain. The course considers bottom-up interventions by different kinds of 'migrant' and 'native' actors who mobilise for or against diversity, while at the same time discussing the relevance of main 'models' as well as decision-making implications.
Part of the course explores the socially and culturally constructed nature of categories around migration and diversity as well as Othering and boundary-making processes. The other part of the course is dedicated to anti-discrimination law. Starting from the general principles of the international, European and domestic legal order, the course will analyse the linkages between the Rule of law, equality, dignity and fundamental rights. The course will explain which are the protected grounds of discrimination and which are considered, on the contrary, legitimate differences in treatment, focusing on nationality and ethnic origin. The concepts of direct, indirect and multiple discrimination will be analysed in detail, together with the scope of anti-discrimination law and its limits.
Risultati apprendimento attesi
By the end of the course, students will acquire the basis for articulating diachronic and cross-regional variations in terms of migrations, diversity and non-discrimination in holistic legal, political and sociological sense. Classes will focus on these variations as they are evolving in the context of globalising economic, migratory and cultural developments. By considering the direct intervention of specific groups and human agency in general in the interaction with an ever-wide opening of national and global institutions and governance, students will be able to put long-term political crises and current populist regressions in a broader political context. Expected learning outcomes include the knowledge and understanding of the principles and laws that protect those who are discriminated against. Students will learn to frame individual cases within the legal order, and to identify the rules applicable to the specific case-law examined, through a correct application in the legal field of the techniques of problem solving. Students will also learn to express autonomous assessments on the regulatory system and on the effects of rules on the equality and dignity of those groups who are discriminated against.
Programma e organizzazione didattica

Edizione unica

Terzo trimestre

No preliminary knowledge in the field is required.
Modalità di verifica dell’apprendimento e criteri di valutazione
Assessment methods and Criteria

The course is organized into two Units. The final grade is the average of the grades earned on each Unit. Assessment methods and criteria are different for Unit 1 and Unit 2.

UNIT 1 Assessment methods and criteria:

For organizational reasons, students are asked to choose whether they register as attending or not attending Unit 1 of this course within the third lesson (11 April 2022). Attending students must ensure a constant presence at the lessons and participate actively in the class discussions.

The exam structure is different for a) attendant and b) non-attendant students.

1. Attendant students

Attendant students must accomplish the following tasks:
1) attend the course regularly;
2) actively participate in class discussions;
3) give a presentation in which summarize and critically discuss one of the assigned readings;
4) write a 3000-word term paper, which discusses a chosen case study through the lens of one of the concepts or theoretical perspectives addressed during the course.

The final grade will be weighted as follows:
Presence and participation (10%) presentation in class (30%) paper (60%)

2. Non-attendant students

Non-attendant students must accomplish the following tasks:
- Read the assigned readings (the list of references for non-attendant students is different and will be specified during the course);
- Write a 6000/8000-word term paper, which discusses and critically reflects on all the different perspectives and theoretical approaches presented in the assigned readings, and explores a chosen case study through the lens of one concept or theoretical perspective among those addressed during the course.

More detailed information about the paper will be provided during the course and through the Ariel website.

The evaluation aims at assessing
- knowledge and understanding of the theoretical perspectives and concepts outlined in the course and the assigned readings;
- ability to make connections between the concepts and analytical frameworks addressed during the course, and to apply them to the understanding of empirical cases;
- capacity to critically reflect on phenomena relating to migration and diversity;
- communication skills through presentations and in-class discussions (clarity of exposition in the presentations and in answering the questions).

UNIT 2 Assessment methods and criteria:
Students will be assessed via a final written exam (final grade expressed in n/30). This exam focuses on concepts, theoretical perspectives and empirical cases that are tackled in the various readings of the programme. The written exam is made of open questions which can either focus on a single topic/theme or cut across a plurality of topics/themes
Unit 1
This unit of the course introduces approaches that in the social sciences pay special attention to the social, symbolic and temporal dimensions of migration and diversity, and that go beyond a nation-state- and ethnicity-centred epistemology. It includes theoretical approaches on mobility, bordering and boundary-making, and time, with special attention to the construction of borders and symbolic boundaries, the making of career and life trajectories on the move, as well as the experience of immobility in migration. By drawing upon various empirical case studies, this unit explores the socially and culturally constructed nature of categories and meanings of movement, diversity and related Othering processes.

At the end of the course, students are expected to be able to:
- develop a critical and reflexive stance towards the study of migration and
- be able to apply theoretical perspectives to the understanding of the human experience of migration, diversity and discrimination through the analysis of case studies;
- formulate critical research questions regarding migration and diversity;
- develop communication skills and get familiar with the sociological and social anthropological scientific language regarding migration and diversity studies;
- discuss and present their opinions regarding issues related to this field of study.

Detailed outline

Week 1 Introduction
Beyond the nation: a transdisciplinary perspective on diversity and
Week 2 Border and boundaries
The mobility paradigm
Week 3 Im/mobilities and trajectories
Time and migration
Week 4 Presentations and in-class discussions
Week 5 Regimes of mobility
Crossing borders
Week 6 Presentations and in-class discussions
Week 7 The (in)visible border
Home, homelessness and homing
Week 8 Presentations and in-class discussions
Week 9 Migrantizing the 'citizen'
Presentations and in-class discussions
Week 10 Presentations and in-class discussions
Metodi didattici
Combination of lectures and seminars
Group/individual work, in-class presentations and discussions
Materiale di riferimento
The final version of the syllabus, including the assigned readings, will be made available during the course on the Ariel website.
Unit 2
The principle of equality in the legal system: the rule of law, equality and democracy, meaning and links
· The UN and ILO principle of equality. Conventions and policies
· The UN and ILO Conventions and policies on migration
· The Eu Equality law. Freedom of movement and Migration
· The Eu Equality law - Non-discrimination
· Direct and indirect discrimination and the enforcement of antidiscrimination law.
· New forms of discrimination: multiple and associated discrimination, instruction to discriminate
Metodi didattici
Lectures, learning by doing, problem-based learning
Materiale di riferimento
Report of the Director-General, Time for Equality at Work. Global Report under the Follow-up of the ILO Declaration on Fundamental Rights at Work, International Labour Conference, 91st Session 2003, report 1(B), International Labour Office Geneva, 2003 www. https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/ ) - part. I From Principles to reality (pp. 5-38)
J.M. Servais, International Labour Law, Wolters Kluwer, 2014 - Part. I, Ch. 1, 2 and 3 pp. 19-47 - Part II. Ch. 2, §2 Equality of Opportunity and Treatment (pp. 136-149); §10 Foreign Workers (pp. 227-236); Ch.3, §1 General Principles (pp- 257-272) The Social Security of Migrant Workers (pp. 294-300)
C. Barnard, Eu Employment Law, Oxford Eu Law Library, 4th ed. - Part. II, ch. 4 pp. 143-188 and Part. III ch. 6,7,8 pp.253-40
Moduli o unità didattiche
Unit 1
Lezioni: 40 ore
Docente: Montagna Nicola

Unit 2
Lezioni: 40 ore
Docente: Bonardi Olivia

Giovedì 12.30-15.30. Dal giorno 27 febbraio si svolge da remoto. Si prega di inviare una mail di richiesta indicando il contatto per essere richiamati
Dipartimento di Scienze Sociali e Politiche - Stanza 14 - secondo piano