Migrations, diversity and non-discrimination

A.A. 2019/2020
12
Crediti massimi
80
Ore totali
SSD
IUS/07 SPS/07
Lingua
Inglese
Obiettivi formativi
This course aims to provides the theoretical and analytical tools that are necessary for engaging with scholarly research in the field of 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, at a time when citizens feel progressively unsafe and seem prone to accept populist regressions promising more security and controls. The course integrates the two dimensions of 'bottom-up' and 'top-down', linking systematically the analysis of the public domain with that of the policy domain. This allows for considering bottom-up interventions by different kinds of migrant-based 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. A substantial 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 antidiscrimination 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

Responsabile
Periodo
Terzo trimestre
Prerequisiti
No preliminary knowledge in the field is required. Students must respect any prerequisite according to their own degree course
Modalità di verifica dell’apprendimento e criteri di valutazione
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 programme. The written exam is made of 5 main open questions which can either focus on a single topic/theme or cut across a plurality of topics/themes
Unit 1
Programma
Week 1: Research on migration, diversity and non-discrimination
Students will acquire a number of conceptual and analytical tools drawing on course slides and reading extracts from the following:
Castles and Miller, "The Age of Migration"
Goldin, Cameron and Balarajan, "Exceptional People"


Week 2: Facing migration and diversity: Assimilationism, Republicanism, Multiculturalism
Students will acquire a number of conceptual and analytical tools drawing on course slides and reading extracts from the following:
Brubaker, "Citizenship and nationhood in France and Germany"
Kymlicka, "Multicultural Citizenship"


Week 3: The 'post-national' approach to migration and diversity
Students will acquire a number of conceptual and analytical tools drawing on course slides and reading extracts from the following:
Jacobson, "Rights across Borders"
Soysal, "Limits of Citizenship"


Week 4: Discourse and 'claim-making' over migration and diversity
Students will acquire a number of conceptual and analytical tools drawing on course slides and reading extracts from the following:
Cinalli and Giugni, "Public Discourses about Muslims and Islam in Europe"
Koser and Lutz, "The New Migration in Europe"


Week 5: Political integration in the field of migration and diversity
Students will acquire a number of conceptual and analytical tools drawing on course slides and reading extracts from the following:
Cinalli, "Citizenship and the Political Integration of Muslims"
Morales and Giugni, "Social Capital, Political Participation and Migration in Europe"
Metodi didattici
Teaching will be held through regular classroom-taught lectures as well as weekly tutorials so as to bridge theoretical and empirical scope of the whole programme through its weekly lessons. Attendance is compulsory
Materiale di riferimento
Castles and Miller, "The Age of Migration"
Goldin, Cameron and Balarajan, "Exceptional People"
Brubaker, "Citizenship and nationhood in France and Germany"
Kymlicka, "Multicultural Citizenship"
Jacobson, "Rights across Borders"
Soysal, "Limits of Citizenship"
Cinalli and Giugni, "Public Discourses about Muslims and Islam in Europe"
Koser and Lutz, "The New Migration in Europe"
Cinalli, "Citizenship and the Political Integration of Muslims"
Morales and Giugni, "Social Capital, Political Participation and Migration in Europe"
Unit 2
Programma
The principle of equality in the legal system: 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
· New forms of discrimination: multiple and associated discrimination, instruction to discriminate
· The enforcement of antidiscrimination law: defence of rights, burden of proof and victimisation
· Social dialogue and dialogue with non-governmental organisations
· Migration and antidiscrimination law in Italy
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
SPS/07 - SOCIOLOGIA GENERALE - CFU: 6
Lezioni: 40 ore
Docente: Cinalli Manlio

Unit 2
IUS/07 - DIRITTO DEL LAVORO - CFU: 6
Lezioni: 40 ore
Docente: Bonardi Olivia

Docente/i
Ricevimento:
Giovedì 12.30-15.30. Ricevimento anticipato a mercoledì alle 12.30?
Dipartimento di Scienze Sociali e Politiche - Stanza 14 - secondo piano
Ricevimento:
Mercoledì 8.30-11.30 (1° Trimestre). Giovedì 14.30-16.30 e venerdì 9.30-10.30 (2° Trimestre). Venerdi' 9.30-12.30 (3° Trimestre)
Ufficio