Gender justice

A.A. 2016/2017
Insegnamento per
6
Crediti massimi
45
Ore totali
Lingua
Inglese
Obiettivi formativi
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.

Struttura insegnamento e programma

Edizione attiva
Responsabile
Lezioni: 45 ore
Programma
Subject matter and programme of the course
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, with a particular focus on gender justice as a tool for the achievement of a sustainable development.
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 International law.
With this legal ground, the course will examine a variety of cases also through a comparison with other relevant legal orders.

Topics
Part I
- Introduction to the equality principle in the constitutional law and to the concept of equal opportunity
- Institutional issues
- Empowerment of women as a tool for sustainable development

Part II
- Gender justice and reproduction: abortion and surrogate motherhood
- Gender justice and multiculturalism, with a particular focuses on:
a) genital mutilation
b) forced marriage
c) polygamy
d) Islamic veil
- The fight against violence against women: the role of criminal and international law

Part III
- Gender justice, politics and work: quotas and positive actions
- Immigration and (multiple)discrimination against women

Objectives
- Analyzing the theoretical concept of equality and justice into the light of discrimination grounded on gender
- Analyzing the role of constitutional law and national Courts or tribunals in the fight against gender discrimination and for the protection of human rights
- Analyzing the role of international law and international Courts or tribunals in the fight against gender discrimination and for the protection of human rights
- Analyzing the impact of gender justice on sustainable development

Learning Outcomes
By the end of this course, students should be able to:
- Analyse a problematic case and give a remedy assuming a point of view of an advocate or a judge.
- Interpret the national and international legal provisions and jurisprudence dealing with gender discrimination or women's rights violation, taking account of the concept of gender justice;
- 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

Methodology
The detailed course programme will be provided at the beginning of the course. The programme and the didactic material will be available on-line (ARIEL).
The course is structured on lectures and case-studies. Students are called to examine the jurisprudence and present cases in the class.
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.

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.

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.

Assessment
Attending students will be evaluated upon (i) their active participation to the case-studies (ii) the marks obtained in the final written test and (iii) the interview with the teacher (see above, Methodolgy).
Non attending students will be evaluated upon an interview with the teacher.


Bibliography
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
Periodo
Secondo semestre
Periodo
Secondo semestre
Modalità di valutazione
Esame
Giudizio di valutazione
voto verbalizzato in trentesimi
Siti didattici
Docente/i
Ricevimento:
Giovedì ore 10.30
Stanza assistenti di diritto costituzionale presso la biblioteca di diritto pubblico