The course aims to offer students the necessary elements for building a systematic framework of the rights on equal opportunities in the supranational and internal (Italian national) system.

Starting from a reconstruction of the value of the "principle of formal and substantive equality" within the Italian Constitution and European Union law, it will be investigated the main cases of European and Italian anti-discrimination law, with particular attention to employment relationships and jurisprudence of the Court of Justice, the European Court of Human Rights and the Italian Courts.

1. Introduction to the Course. The principle of equality, equal treatment and non-discrimination with particular regard to labor law

2. Formal and substantial principle of equality in the Italian Constitution

2.1. Equal opportunities in political representation. Notes

3.The principle of equality and the non-discrimination in international law. The ECHR and the ILO Conventions. Notes

4. The genesis and development of the principle of equality, equal treatment and non-discrimination and the key function of European integration. Sources and application fields

4.1. Between Italian and European citizenship. The fundamental rights of "foreigners". Access to "Welfare" and to the market for goods and services. Non-EU citizens.

5. From the “old to the new” Community anti-discrimination law. The notions. Direct, indirect discrimination, harassment, sexual harassment, positive measures

6. The “forbidden” factors of discrimination in the directives and in the decisions of the Court of Justice: gender, race and ethnic origin, religion, disability, age, sexual orientation, in particular, from the perspective of employment relationships

7. Equal opportunities and prohibitions of discrimination in the Italian labor law. From the Workers' Statute to the Code of Equal Opportunities (Legislative Decree No. 198/2006)

8. The "new" notions. Effective equality and positive measures

9. The role of gender equality institutions, before and after legislative decree n.151/2015

10. Regarding the role of civil society and collective bargaining

11. Tools for combating discrimination. Jurisdictional protection

12. Judicial review of the most recent case-law

Knowledge and understanding: at the end of the course the student will have a complete knowledge of European anti-discrimination law.

Applied knowledge and understanding: the student will be able to understand and interpret the jurisprudence of the Court of Justice and the European Court of Human Rights.

Autonomy of judgment: the student will have the ability to interpret European and Italian sources of law.

Communication skills: the student will be able to intervene in a debate on anti-discrimination law

Ability to learn: the student must be able to orient himself in the search for jurisprudence and community and national legislation.
 

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

It will be possible to agree on the use of specific in-depth materials and the carrying out of self-assessment tests in order to support the study activities.

Teaching

Frontal lessons

Attendance

Participation on at least 3/4 of the total hours of the course.

Course books

1. Agenzia dell’Unione europea per i diritti fondamentali, Consiglio d’Europa, Manuale di diritto europeo della non discriminazione, Lussemburgo: Ufficio delle pubblicazioni dell’Unione europea, 2011 (available in the Blended Platform) 

2..Barbera M., Guariso A. (edited by), La tutela antidiscriminatoria. Fonti strumenti Interpreti, Giappichelli Editore, 2020.

3. Codice delle pari opportunità tra uomo e donna - Decreto legislativo 11 aprile 2006 n. 198 (available in the Blended Platform) 

Assessment

The exam consists of an in-depth oral discussion, based on at least three questions, during which students will have to demonstrate, in addition to the knowledge of the study materials indicated, also the ability to frame the topics that will be dealt with in the broader legal context. in which they must be correctly placed. In this perspective, the oral test is more suitable for verifying the level of knowledge acquired and the possession of an adequate legal language.

Students who have attended the lessons assiduously will be able to take, alternatively by means of a specific oral interview or multiple choice written test, an intermediate test relating to the issues relating to the General Part of the Course. Also in this case, the final assessment will be carried out exclusively in oral form.

Oral exam. In addition to the student's communication skills, this assessment method allows to evaluate in a more complete way the acquisition of the analytical and critical skills required of the student in consideration of the complexity of the topics and arguments covered by the course, of which he must demonstrate knowledge and the comprehension.

The evaluation criteria and scores are determined according to the following scale:

less than 18/30: insufficient level of competence. The candidate does not achieve any of the learning outcomes envisaged in the "knowledge and comprehension" point;
18-20 / 30: sufficient level of competence. In particular, the candidate achieves the learning outcomes envisaged in the "knowledge and understanding" section;
21-23 / 30: fully sufficient level of competence. The candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and comprehension skills" and "applied knowledge and comprehension skills";
24-26 / 30: competence level: good. In particular, the candidate achieves the learning outcomes envisaged in the "knowledge and understanding" points; "Applied knowledge and understanding" and "independent judgment";
27-29 / 30: very good level of competence. In particular, the candidate achieves the learning outcomes envisaged in the "knowledge and understanding" points; "Knowledge and understanding applied"; "Autonomy of judgment" and "communication skills";
30-30 cum laude: excellent competence level. The candidate fully achieves the learning outcomes envisaged in the "knowledge and understanding" points; "Knowledge and understanding applied"; "Autonomy of judgment"; "Communication skills" and "ability to learn".

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

Individual study of the reference texts. In order to deepen some topics, it is suggested to read also any other contributions provided by the teacher in the moodle platform. 

Course books

1. Agenzia dell’Unione europea per i diritti fondamentali, Consiglio d’Europa, Manuale di diritto europeo della non discriminazione, Lussemburgo: Ufficio delle pubblicazioni dell’Unione europea, 2011 (available in the Blended Platform) 

 2.Barbera M., Guariso A. (edited by), La tutela antidiscriminatoria. Fonti strumenti Interpreti, Giappichelli Editore, 2020.

3. Codice delle Pari opportunità tra uomo e donna Decereto legislativo 11 aprile 2006, n. 198 (available in the Blended Platform)

Assessment

The exam consists of an in-depth oral discussion, based on at least three questions, during which students will have to demonstrate, in addition to the knowledge of the study materials indicated, also the ability to frame the topics that will be dealt with in the broader legal context. in which they must be correctly placed. In this perspective, the oral test is more suitable for verifying the level of knowledge acquired and the possession of an adequate legal language.

Oral exam. In addition to the student's communication skills, this assessment method allows to evaluate in a more complete way the acquisition of the analytical and critical skills required of the student in consideration of the complexity of the topics and arguments covered by the course, of which he must demonstrate knowledge and the comprehension.

The evaluation criteria and scores are determined according to the following scale:

less than 18/30: insufficient level of competence. The candidate does not achieve any of the learning outcomes envisaged in the "knowledge and comprehension" point;
18-20 / 30: sufficient level of competence. In particular, the candidate achieves the learning outcomes envisaged in the "knowledge and understanding" section;
21-23 / 30: fully sufficient level of competence. The candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and comprehension skills" and "applied knowledge and comprehension skills";
24-26 / 30: competence level: good. In particular, the candidate achieves the learning outcomes envisaged in the "knowledge and understanding" points; "Applied knowledge and understanding" and "independent judgment";
27-29 / 30: very good level of competence. In particular, the candidate achieves the learning outcomes envisaged in the "knowledge and understanding" points; "Knowledge and understanding applied"; "Autonomy of judgment" and "communication skills";
30-30 cum laude: excellent competence level. The candidate fully achieves the learning outcomes envisaged in the "knowledge and understanding" points; "Knowledge and understanding applied"; "Autonomy of judgment"; "Communication skills" and "ability to learn".

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.