ANTI-DISCRIMINATION AND EQUAL OPPORTUNITIES LAW

Academic Year 2024/2025 - Teacher: MARIAGRAZIA MILITELLO

Course Structure

Lectures and team work; Analysis of case law and oral and written presentations by students, on the basis of a problem-solving approach; Exercises, simulations, role play , briefs under the supervision of the teacher and the practitioners who are collaborating in the course; Seminars; Additional material on-line.

Attendance of Lessons

Attendance is not mandatory but strongly recommended, considering the objectives of the course and the teaching methods.

Detailed Course Content

The course aims to provide students with an adequate and critical knowledge of European and national anti-discrimination law, also through the adoption of a practical approach. At the end of the course, the student should be capable to apply the notions learned to specific cases, also through the individuation and interpretation of relevant legal provisions and case law. The course aims, also, to provide students with analytical tools useful to deal properly with institutes and issues analysed during the lessons. Students should also achieve evaluation capabilities useful to recognising discriminations, identifying legal tools of protection and elaborating strategies to prevent and fight against discrimination.


Contribution to the objectives of the 2030 Agenda for Sustainable Development

The aim of teaching anti-discrimination law is, among other things, to offer full knowledge of the current national and supranational situation regarding gender equality, thus contributing to clarifying tools and perspectives of gender equality, objective no. 5 of the 2030 Agenda for Sustainable Development.

Textbook Information

M. Barbera- A. Guariso, La tutela antidiscriminatoria, Giappichelli, Torino, 2019, capitoli I, II, III, VII, VIII.


Learning Assessment

Learning Assessment Procedures

Attending students: optional presentation of cases in class; final oral exam

The evaluation will take into account the quality of any presentation of the case in class and the ability to argue and critically reason on a program agreed with the teacher.

Non-attending students: oral exam on the exam program.

The exam will be evaluated according to the following criteria (CdS Council Resolution 17 September 2018):

- the relevance of the answers to the questions asked

- the quality and understanding of the contents

- the ability to connect with other topics covered by the program

- the ability to give examples

- the property of technical language

- the student's overall presentation ability

- familiarity with legal texts.

For the purposes of the final evaluation, assiduity of attendance, personal and group work, written or oral presentation of cases and sentences will also be taken into consideration.

Examples of frequently asked questions and / or exercises

  • The development of anti-discriminatory legislation
  • The function of equality in the process of European integration
  • The prohibition of discrimination based on nationality
  • The prohibition of discrimination based on gender
  • Sources and scope of application of the new anti-discrimination law
  • The notion of discrimination
  • The discriminatory factors
  • The prohibition of discrimination based on race and ethnic origin
  • The prohibition of discrimination based on sexual orientation
  • The prohibition of discrimination based on age
  • The prohibition of discrimination based on disability
  • Discrimination in the employment relationship
  • Discriminatory dismissal
  • Judicial protection
  • The burden of proof
  • The legitimacy to act of bodies and associations
  • The control function of equality bodies
  • Positive actions