4.00 credits
30.0 h
Q1
This learning unit is not open to incoming exchange students!
Teacher(s)
Vrielink Jogchum;
Language
English
Learning outcomes
At the end of this learning unit, the student is able to : | |
| The general objective of the course consists in obtaining an overview of and being able to evaluate critically - from the point of view of the legitimacy and effectiveness of the norms concerned - the way in which the Law addresses gender discrimination. The course aims to familiarize students with issues of discrimination law, particularly concerning gender discrimination, in order to be able to deal with discrimination cases across several legal systems (national, supranational (EU & Council of Europe) and international). |
|
Content
The course focuses on sex and gender discrimination, while also paying attention to broader issues of gender and law.
It firstly provides an introduction to the different theories of equality, and the history of (gender) discrimination law.
Subsequently, the main concepts and principles of gender discrimination law will be analysed: formal versus substantive equality; direct versus indirect; positive action; the different justification systems; grounds of discrimination; methods of pro-active discrimination law (affirmative action, diversity management and mainstreaming), etc.
The course will then go on to analyse the different legal sources, existing at several levels: the global level (UN, ILO); the supra-national level (Council of Europe and EU); the national level (Constitution and federal legislation) and the regional level (regions and communities). The manner in which these provisions and norms are articulated is not always self-evident, and neither is their coherence.
Finally, the course will explore a number of case studies:
- positive action and quota;
- intersexuality and sex change;
- enforcement of gender discrimination law, and rules regarding proof;
- intersectional discrimination, sexual orientation discrimination, and ‘lookism' (discrimination based on appearance);
- gender-based discrimination in the provision of goods and services (‘ladies only' fitness facilities, differential insurance premiums and benefits, and so on);
- issues of ‘reverse discrimination';
- multiculturalism and gende;
- the legal repression of ‘sexism & street harassment, anti-gender hate-speech, and pornography
While law & gender discrimination is a legal course, it is at the same time interdisciplinary in scope and approach.
The course is designed to be accessible to non-lawyers.
It firstly provides an introduction to the different theories of equality, and the history of (gender) discrimination law.
Subsequently, the main concepts and principles of gender discrimination law will be analysed: formal versus substantive equality; direct versus indirect; positive action; the different justification systems; grounds of discrimination; methods of pro-active discrimination law (affirmative action, diversity management and mainstreaming), etc.
The course will then go on to analyse the different legal sources, existing at several levels: the global level (UN, ILO); the supra-national level (Council of Europe and EU); the national level (Constitution and federal legislation) and the regional level (regions and communities). The manner in which these provisions and norms are articulated is not always self-evident, and neither is their coherence.
Finally, the course will explore a number of case studies:
- positive action and quota;
- intersexuality and sex change;
- enforcement of gender discrimination law, and rules regarding proof;
- intersectional discrimination, sexual orientation discrimination, and ‘lookism' (discrimination based on appearance);
- gender-based discrimination in the provision of goods and services (‘ladies only' fitness facilities, differential insurance premiums and benefits, and so on);
- issues of ‘reverse discrimination';
- multiculturalism and gende;
- the legal repression of ‘sexism & street harassment, anti-gender hate-speech, and pornography
While law & gender discrimination is a legal course, it is at the same time interdisciplinary in scope and approach.
The course is designed to be accessible to non-lawyers.
Teaching methods
The course is delivered in the form of lectures (accompanied by a reader and powerpoint slides)
Evaluation methods
In case of an exam on campus (présentiel): written exam (2h), consisting of 2 essay questions, semi open/closed book (i.e. only case-law reader allowed)
In case of a distance exam (à distance): written exam (2h), via Moodle (‘Assignment’ tool), open book
In case of a distance exam (à distance): written exam (2h), via Moodle (‘Assignment’ tool), open book
Bibliography
Recommended and required readings (per session) will be provided to students via online learning tool as well as via the reprography
Faculty or entity
DRTB
