The aim of this course is to investigate how gender reacts in a wide range of topics and contexts, in order to draw the state of gender discrimination and to assess its origins along with possible remedies. The unity of the course lies in the identification of themes that cross conventionally segregated doctrinal categories, such as formal versus substantially equality and the role of law and of judges in protecting people disadvantaged by their gender. 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.
At first the course will explore the theoretical underpinnings of constitutional women's human rights and then will provide a foundation on the legal instruments pertaining to women's 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: Reproduction and Pregnancy, Workplace Equality, Equality in Politics, Sexual Harassment, Domestic Violence, Equality in Family, Marriage and Alternatives to Marriage. In particular the course focuses on: - Introduction to the equality principle in the constitutional law and to the concept of equal opportunity - Gender justice and reproduction: abortion -Gender justice and reproduction: artificial procreation - Affirmative actions and positive actions (with references to USA and European Union) - Gender justice and politics ("quota system" versus flexible methods) -Gender Justice and religion - Gender justice and family -Gender justice and work - Gender justice and violence against women: the role of criminal and international law - Equal opportunity and immigration law - Intersectional discriminations against women
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 then 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.
Prerequisiti e modalità di esame
Attending students are required to sustain, at their choice: a) a presentation during the course and an interview with the teacher on the other parts of the program b) a written test during the course and an interview with the teacher on the other parts of the program The students can also sustain both the presentation and the written test. In this case the vote consists in the average of the presentation and the written test and it will not be required to support even the interview with the teacher. For those who wish, it is still possible to improve the vote, by the interview with the teacher.
The presentation consists of the illustration by the student of a case law, as set out by the teacher, who will provide them with the necessary documents (judgments and doctrine); the teacher will evaluate the ability to put into focus the problems and make a critical analysis of the remedies. With the written test, students will be asked to explain problems underlying a case law and doctrine on a theme among those explained during the course and put in relief the strengths and weaknesses, and then on to create their own point of view.
Materiale didattico e bibliografia
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, Edited by MIYOKO TSUJIMURA, Gender Law & Policy Center, TohokuUniversity, Tohoku University Press, 2008 Women Directors: The Italian Way and Beyond, P. PROFETA, L. AMIDANI ALIBERTI, A. CASARICO, M. D'AMICO, A. PUCCIO, Hardcover, 2014
STUDENTI NON FREQUENTANTI
Prerequisiti e modalità di esame
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.