Undergraduate courses
Diritto e genere a.y. 2022/2023
Knowledge
The student who completes the course successfully will be able to demonstrate a solid knowledge of the main features in the field of gender studies. He/she will be able to look critically at the relationship between law and gender, situating it in both the theoretical and the empirical dimension. He/she will be able to demonstrate a deep awareness of the role of the law and gender in producing and reflecting cultural and social norms, because gender methodology could overturn some of the current basic assumptions about citizenship, law, the state and nation building. The student will work on the relation between law and gender in the European perspective, and using European law, ECJ and ECHR case-law.
Teaching methods
The course will use mainly two possible methods: the first method is ‘the woman’s question’: this means that students should be called to identify the gender implications of rules and practices that appear to be neutral and objective. The second is practical feminist reasoning: this reasoning consists in posing open-ended questions about concrete issues in order to determine both the possible solution and the problem that is actually found in the situation under consideration. In this way students can identify different points of view and perspectives that may be far from the systems of values prevailing in society.
Syllabus
The course aims at giving to the students a knowledge on the main topics concerning the relationships between Law and Gender. After a chronological overview concerning women’s status in Roman, Medieval and Modern Law, it will focus on first wave feminism, and feminist claims for political rights and right to vote above all. It will investigate the relation between law and gender within the Italian Constitution, focusing on the principles of antidiscrimination and antisubordination, the issues of political representation, domestic relationships and work. Another part of the course will focus on law and gender in the main European Constitutions. Then, an European Law approach will be used to analyse the European origins of gender equality in the economic and labour fields, starting from art. 119 of the Treaty and investigating the ECJ case-law, focusing on the concepts of direct and indirect discriminations, and harassment as discrimination. The last part of the course will be dedicated to some specific topics: sexuality, reproduction, family, from the point of view of private law and european private law; LGBT issues; gender and domestic violence (from the point of view of constitutional law, criminal law and criminal procedure).
Bibliography
V. Bonini – V. Calderai – E. Catelani – A. Sperti – E. Stradella, Diritto e genere nella prospettiva europea, Editoriale Scientifica, 2021. Some materials could be uploaded on the course MS Teams .
EUROPEAN LAW AND GENDER a.y. 2022/2023
Knowledge
The student who completes the course successfully will be able to demonstrate a solid knowledge of the main features in the field of gender studies. He/she will be able to look critically at the relationship between law and gender, situating it in both the theoretical and the empirical dimension. He/she will be able to demonstrate a deep awareness of the role of the law and gender in producing and reflecting cultural and social norms, because gender methodology could overturn some of the current basic
assumptions about citizenship, law, the state and nation building. The student will work on the relation between law and gender in the European perspective, and using European law, ECJ and ECHR case-law.
Teaching methods
The course will use mainly two possible methods: the first method is ‘the woman’s question’: this means that students should be called to identify the gender implications of rules and practices that appear to be neutral and objective. The second is practical feminist reasoning: this reasoning consists in posing open-ended questions about concrete issues in order to determine both the possible solution and the problem that is actually found in the situation under consideration. In this way students can identify different points of view and perspectives that may be far from the systems of values prevailing in society.
Syllabus
The course aims at providing students with knowledge of the main topics relating to gender issues, with particular attention to women’s rights and LGBTQi + rights, within the international and, above all, European dimension. The approach of European law and policies will be essential to analyze all different areas in which gender discrimination flourishes and the issue of equality arises; Goal 5 of the 2030 UN Agenda on gender equality will be used as a reference point for the analysis. The genesis of equal treatment in the economic and labor sectors will be analyzed, starting from art. 119 of the Treaty and investigating the case-law of the European Court of Justice, focusing on the concepts of direct and indirect discrimination and harassment as discrimination. We will focus on parity and political representation, and on equality and multiculturalism. Specific issues will then be addressed with reference to sexuality, reproduction, family, the recognition of LGBTQI + subjectivities, with a transdisciplinary approach in which legal knowledge will be accompanied by a broader theoretical and empirical reflection.
Bibliography
All materials will be uploaded on the Teams platform, in the course Teams: papers, essays and institutional reports.
The book “Gender Based Approaches to the Law and Juris Dictio in Europe” (Pisa University Press, 2020) is suggested.