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.

The course’s method, which combines traditional teaching (lectures) with innovative-experimental techniques (Debate, Flipped Learning and use of the Moodle-blended learning platform), is aimed at developing both basic and higher cognitive knowledge.  In this way, through the direct debate with the teacher and the work in the classroom (Teaching Working Class), we want to encourage the learning process through a more student’s effective involvement and a better organization of the teaching materials, to facilitate the knowledge processes during the course’s development.

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

The course will take place in the Second semester. 

The face-to-face teaching will take place in traditional (lectures) and in innovative-experimental mode (Teaching Working Class). The teaching activities will be enriched with insights that students will carry out using the University Moodle platform. Furthermore, the course will be accompanied by an articulated tutoring activity. 

The lessons in the Teaching Working Class and tutoring activity aim to provide students an opportunity for in-depth study and thinking on the most relevant issues.

In agreement with the students, collective meetings can be organized in mixed mode, aimed to providing clarifications and carrying out a possible key topics review of the program addressed in class.

Innovative teaching methods

Flipped learning (2-3 meetings)

Attendance

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

Course books

1. .Barbera M. Guariso A. (a cura di), La tutela antidiscriminatoria, Fonti Strumenti Interpreti, Giappichelli Editore, 2020

2. Aa. V.v.. Decreto legislativo 11 aprile 2006 n. 198 - Codice delle Pari Opportunità tra uomo e donna, in De Luca Tamajo e O. Mazzotta (a cura di), Commentario breve alle leggi sul Lavoro, 2022  ((available in the Blended Platform)

3. 3. Barbera M, Borelli S., Principio di eguaglianza e divieti di discriminazione, WPP CSDLE "Massimo D'Antona".IT - 451/2022 ((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 the scale of marks are as follows:

•  less than 18: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”;

•  18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

•  21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

•  24-26: competence level good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”;

•  27-29: competence level very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”;

•  30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

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

The course will take place in the Second  semester. 

On request of students, collective meetings can be organized in mixed mode, aimed to providing clarifications and carrying out a possible key topics review of the program addressed in class

Course books

1. .Barbera M. Guariso A. (a cura di), La tutela antidiscriminatoria, Fonti Strumenti Interpreti, Giappichelli Editore, 2020

2. Aa. V.v.. Decreto legislativo 11 aprile 2006 n. 198 - Codice delle Pari Opportunità tra uomo e donna, in De Luca Tamajo e O. Mazzotta (a cura di), Commentario breve alle leggi sul Lavoro, 2022  (available in the Blended Platform)  

3. Barbera M, Borelli S., Principio di eguaglianza e divieti di discriminazione, WPP CSDLE "Massimo D'Antona".IT - 451/2022 ((available in the Blended Platform) 

In order to give non-attending students the opportunity to compensate for what is covered during the lessons with independent study, with reference to the same contents of the program in order to promote full understanding, we recommend consulting the following volume freely downloadable from the Blended Platform which contains essential regulatory references and descriptions of the main jurisprudential cases at international and European level

European Union Agency for Fundamental Rights, Manual of European Non-Discrimination Law, 2018.

Other freely consultable study support tools (slides, short articles, diagrams, cards) will also be made available on the same 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 the scale of marks are as follows:

•  less than 18: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”;

•  18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

•  21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

•  24-26: competence level good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”;

•  27-29: competence level very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”;

•  30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

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.