This learning unit is not open to incoming exchange students!
Teacher(s)
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). |
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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
Type of assessment
The assessment consists of a written exam (or possibly an oral exam in case of force majeure), based on two open-ended (essay) questions, semi open/closed book (i.e. only case-law reader allowed (the rules for annotations follow those applicable to the ‘codes BAC’). Students may also bring legislative and regulatory sources, provided that any annotations comply with the same rules as those applicable to the case reader).
Language of assessment
The language of the assessment is English.
Assessment criteria
The assessment is intended to evaluate the understanding of key concepts, the ability to conduct legal analysis, and the capacity to develop a critical, reflective and structured line of reasoning.
Additional information
An individual review session of the exam papers can be arranged upon request.
The assessment consists of a written exam (or possibly an oral exam in case of force majeure), based on two open-ended (essay) questions, semi open/closed book (i.e. only case-law reader allowed (the rules for annotations follow those applicable to the ‘codes BAC’). Students may also bring legislative and regulatory sources, provided that any annotations comply with the same rules as those applicable to the case reader).
Language of assessment
The language of the assessment is English.
Assessment criteria
The assessment is intended to evaluate the understanding of key concepts, the ability to conduct legal analysis, and the capacity to develop a critical, reflective and structured line of reasoning.
Additional information
An individual review session of the exam papers can be arranged upon request.
Other information
Two readers are provided: one containing legal literature and one containing case law. Both are available on Moodle and in printed form via the ‘Service de la vie étudiante’ (SVIB) of the site.
Online resources
The lecture slides (PowerPoints) are uploaded to Moodle after each session. Additional (non-obligatory) materials are also available for interested students.
Bibliography
Voir la liste détaillée sur Moodle. Les lectures obligatoires sont reprises dans les recueils. Des lectures complémentaires sont proposées pour chaque séance.
See detailed list on Moodle. Mandatory readings are included in the readers. Complementary readings are proposed per session.
See detailed list on Moodle. Mandatory readings are included in the readers. Complementary readings are proposed per session.
Faculty or entity
