Differences and Non-Discrimination: Rights in Action

A.Y. 2024/2025
6
Max ECTS
40
Overall hours
SSD
IUS/07
Language
English
Learning objectives
This course provides the theoretical and analytical tools necessary for engaging with strategic litigation on non-discrimination and equal opportunities. Starting from the general principles of the international, European and domestic legal order, the course will analyse the linkages between the Rule of law, equality, dignity and fundamental rights. The course will explain which are the protected grounds of discrimination and which are considered, on the contrary, legitimate differences in treatment. The course will focus on the protected grounds of nationality, ethnic origin, sex, sexual orientation, disability, age and religion and will approach to the issues related to the implementation of the principle of equality through the analisys of caselaw. The concepts of direct, indirect and multiple discrimination will be analysed in detail, together with the scope of anti-discrimination law and its limits. Furthermore, the course aims at acquiring the knowledge and skills required to be able to maintain an adequate update over time on the evolution of the institutional framework.
Expected learning outcomes
The expected learning outcomes are knowledge and understanding of the principles of equality and equal opportunities in global societies, and the protection of human dignity through anti-discrimination laws that aim to achieve them. Students will learn to frame individual cases within the legal order, and to identify the rules applicable to the specific case-law examined, through a correct application in the legal field of the techniques of problem solving. Students will also learn to express autonomous assessments on the regulatory system and on the effects of rules on the equality and dignity of those groups who are discriminated against. They will learn how to work in a group through activities carried out both in the classroom and autonomously , with the aim of developing relational and communication skills.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
Second trimester
Should we go back to a Covid pandemic emergency, lessons will be online on Microsoft teams
Course syllabus
The course aims to understand the international and european legal framework on non discrimination. Students will learn which are the groups pretected by anti-discrimination law and which is its scope. At the end of the course students will focus on the role of equality institutions and organisations and will be able to detect whether strategic litigation might be enacted.
Course syllabus:
The principle of equality in the legal system: the rule of law, equality and democracy, meaning and links
· The UN and ILO principle of equality. Conventions and policies
· The UN and ILO Conventions and policies on migration
· The Eu Equality law. Freedom of movement and Migration
· The Eu Equality law - Non-discrimination
· Direct and indirect discrimination and the enforcement of antidiscrimination law.
· New forms of discrimination: multiple, intersectional and associated discrimination, instruction to discriminate
Prerequisites for admission
No preliminary knowledge in the field is required.
Teaching methods
Lectures, learning by doing, problem based learning
Teaching Resources
Report of the Director-General, Time for Equality at Work. Global Report under the Follow-up of the ILO Declaration on Fundamental Rights at Work, International Labour Conference, 91st Session 2003, report 1(B), International Labour Office Geneva, 2003 www. https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/ ) - part. I From Principles to reality (pp. 5-38)
J.M. Servais, International Labour Law, Wolters Kluwer, 2014 - Part. I, Ch. 1, 2 and 3 pp. 19-47 - Part II. Ch. 2, §2 Equality of Opportunity and Treatment (pp. 136-149); §10 Foreign Workers (pp. 227-236); Ch.3, §1 General Principles (pp- 257-272) The Social Security of Migrant Workers (pp. 294-300)
C. Barnard, Eu Employment Law, Oxford Eu Law Library, 4th ed. - Part. II, ch. 4 pp. 143-188 and Part. III ch. 6,7,8 pp.253-40
Assessment methods and Criteria
Students will be assessed via a final written exam (final grade expressed in n/30). This exam focuses on concepts, theoretical perspectives and empirical cases that are tackled in the various readings of the programme. The written exam is made of 5 open questions which can either focus on a single topic/theme or cut across a plurality of topics/themes
IUS/07 - LABOUR LAW - University credits: 6
Lessons: 40 hours
Professor: Bonardi Olivia
Shifts:
Turno
Professor: Bonardi Olivia
Professor(s)