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 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.
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.
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 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
Informazioni sul programma
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. The course will benefit from a long standing collaboration among the Department of Public Italian and supranational law, the Harvey Milk Foundation and United Nations' Agency UN Women.
It is necessary to have taken the exam of constitutional law and private law
Prerequisiti e modalità di esame
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.
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 relation 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.
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, Edit ed by Miyoko Tsujimura, Gender Law & Policy Center, TohokuUniversity, Tohoku University Press, 2008 Documents and Materials will be available on the Ariel web platform of the course.