GENDER, THE LAW AND HUMAN RIGHTS

The module “gender, the law and humanrights” provides an overview of gender equality in Europe, from its historical roots to today’s achievements and challenges. Starting from a more general framework, which will investigate feminism worldwide and the United Nations’ response, it will then delve into the legal, political, economic and social dimensions of gender equality in the European context, both in the European Union and in wider Europe. It will explore some complex legal issues, including equal pay and equality in the workplace; the law surrounding consent and sexual offences; the role of gender norms in the courts and resilient stereotypes in the work of the international legislator and the judiciary; gender-based violence against women (with specific regard to the Istanbul Convention), including ICT-facilitated violence (cyber stalking, hate speech, revenge porn); women’s right to health and reproductive rights. It will also reflect on the patriarchal structure of legal systems and of international law more specifically. It will explore the evolution of gender equality within the European Union and the Council of Europe. It will emphasise the general incapacity of courts to incorporate a gender, intersectional, trauma-sensitive approach, in their legal arguments, constrained by the wording of the legal texts.

To gain an understanding of the events and social movements which shaped gender equality in Europe; to analyse the legal toolkit for gender equality in the EU and Council of Europe member states; to assess progress made and challenges laying ahead in the various fields (economy, science, education, politics, the law etc). The ultimate aim is for students to develop a critical understanding of gender equality and its connections with human rights and social justice and the tasks facing the legislator, the courts and society today.

Previous knowledge of law is welcomed but not strictly required.

The module will be articulated in four parts
Part 1
What is gender? What is gender equality?Why is gender equality important?
The historical development of gender equality in the US and Europe
The enlightenment and the rise of feminism
The struggle for women’s suffrage
The post-war era and the emergence of second-wave feminism
The plight for sexual and reproductive rights
Intersectionality and feminism goes mainstream
Global and regional frameworks for gender equality
The Convention for the elimination of all forms of discrimination against women (CEDAW)
Other UN conventions and instruments on gender equality, eg the Beijing declaration and Platform for action
Part 2
Council of Europe legislation on gender equality
The European Convention on Human Rights and gender equality
The Istanbul Convention on preventing and combating violence against women and domestic violence
ECHR jurisprudence
Part 3
European Union Legislation on Gender Equality
The Treaty of Rome and the Treaty on the Functioning of the European Union (TFEU) and gender equality
EU directives on gender equality in employment, access to goods and services, and decision making
The EU legal response to violence against women
The issue of multiple discrimination and intersectionality
ECJ jurisprudence
Part 4
Social, health and economic dimensions of gender equality: challenges and obstacles (2 hours)
Gender differences in education and employment
The pay gap
Stereotypes and the representation of women in the media
Violence against women: the figures
Women in decision-making
This part will be completed by group presentations by students

C. Chinkin and H. Charlesworth, The Boundaries of International Law, 2nd ed., MUP, 2022;
Judith Bourne and Caroline Derry, Gender and the Law, Routledge, 2018;
Loveday Hodson and Troy Lavers, Feminist Judgments in International Law, Bloomsbury, 2019.
Sara De Vido, APPROCCI GIURIDICI FEMMINISTI AL DIRITTO INTERNAZIONALE: VERSO UN DIRITTO ECO-FEMMINISTA E POST-UMANO? In La Comunità internazionale, n. 3, 2023.

In the course of the lectures as well as at the end of part 4 students will be asked to present a topic in class. This might be a reading, a specific case study, a judgment of the European Court of Human Rights or of the European Court of Justice. Team work as well as active participation during the lectures will also be used to verify learning.

Lectures, group presentations.

English

The course is part of the minor in Gender Studies.

oral

This subject deals with topics related to the macro-area "Poverty and inequalities" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development