EQUAL OPPORTUNITY LAW
The course is about the paradigm of equality and about the different meanings it takes on in multicultural societies.
During the academic year 2020-2021, the course will focus about the concept of parity democracy, about the gender equality (and the gender gap) and about the interdisciplinary analysis of the status of women in today's society.
This with the aim to provide students with the knowledge of the fundamental elements and the main problems related to gender diversity.
At the end of the course, the students will achieve:
- the knowledge of the categories of the equality principle, as implemented over time by the Legislator;
- the knowledge of the normative and jurisprudential context about the principle of gender equality in different areas;
- the ability to understand and comment laws and judgments concerning the topics of the course and the ability of critical analysis of the political and legal debate on gender equity;
- the ability to apply the knowledge acquired to concrete cases and to support one's thesis with appropriate language and arguments.
The aim of the Course is to reflect and to discuss about the paradigm of equality and its possible meanings that it has in contemporary democratic societies, starting from the historical and legal analysis of Article 3 of the Italian Constitution.
We intend to analyze the principle of non-discrimination specified in Article 3 of the Constitution, also at the lighit of the supranational and international legal and jurisprudential framework ; to examine its implementation by the Legislator and by national and European Judges, and the concept of parity democracy.
During the academic year 2020-2021, the course will focus on the gender equality principle, with the aim to understand how the gender enter into the legal and political debate and how it conditions the action of the
legislator over the time. In this type of analysis, we will try to follow a multidisciplinary (historical, legal and sociological) approach.
After having analyzed the genesis of the principle of gender equality , we will analyze the current trends of feminisms, the status of women in different fields as (family, work, politics); or the status of the woman in the relationship with her body and in the management of motherhood (natural maternity, medically assisted or surrogate, voluntary interruption of pregnancy) and, more generally, the status of the woman in the contemporary society.
Particular attention will be paid to the issue of gender violence. About this topic, in collaboration with the Lawyer Arianna Enrichens, there will also be a workshop on the topic of gender violence, which will end with a simulation of a judgment in which the students will be called to play the role of the judge /PM/Social worker / legal doctor / lawyer.
The workshop will be carried out according to 5 modules:
1: Recognizing gender-based violence; the types of violence: physical, economic, psychological and sexual; the most common stereotypes on gender-based violence; secondary victimization; Film clips mink.
2: The criminal protection of women and children; good practices in the reception and protection of women victims of violence and their minor children in anti-violence centres;
3: Civil law institutions for the protection of women victims of violence and their children; child custody regimes in separation, with particular attention to exclusive custody in cases of witnessing violence; exercise aimed at trying to identify the best custody regime in a series of practical cases, with division into working groups.
4.; Juvenile proceedings in cases of gender-based violence; The CTU in trials where domestic violence must be ascertained; solution of practical cases;
5: The role of the Judge and the OTC; simulation of the final trial with the help and participation of magistrates and OTCs; the legal and jurisprudential framework of measures against gender-based violence and victim support measures will be analyzed.
The students who will participate in this workshop will be awarded a certificate of attendance, and if possible also extracurricular credits.
A) For non-attending students:
F. Rescigno (a cura di), Percorsi di eguaglianza, Giappichelli Editore, 2016.
B) For attending students:
- F. Rescigno (a cura di), Percorsi di eguaglianza, Giappichelli Editore, 2016: chapter I (pp. 1 - 231);
- Other didactic material (essays, laws, judgments) about specific topics, that will be explained during the lessons or during the workshop, which will be uploaded to the Elly platform.
The course will be divided into frontal lessons and workshop activities (divided into the 5 modules indicated above) , on the topic of the gender based violence.
The didactic activity (frontal lessons and workshop activities) will be carried out in presence. In any case, for all students who could not attend the lessons and the workshop in presence a streaming connection of the teaching activity will be guaranteed through the platform Teams.
A) For non-attending students: the final oral examination will concern the entire program of public law. The communicative skills will assessed through the evaluatation of the student's ability to provide the exhaustive legal arguments, to use the appropriate legal language and to explain the meaning of the fundamental notions of the course.
B) For attending students: The final oral examination will concern the first chapter of the book and about the topic about which the student wrote. The communicative skills will assessed through the evaluatation of the student's ability to provide the exhaustive legal arguments, to use the appropriate legal language and to explain the meaning of the fundamental notions of the course.