Face-to-face , first term, 30 hours of theory.

English

The general objective of the course consists in describing and evaluating critically - from the point of view of the legitimacy and effectiveness of the norms concerned - the way in which the Law apprehends and addresses gender discrimination.
While the course concerns Law, it is at the same time interdisciplinary in scope.
The course is designed to be accessible to non-jurists.

None

None

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 gender
- the legal repression of ‘sexism' & street harassment, anti-gender hate-speech, and pornography;

The course is delivered in the form of lectures. In line with the specificities of the subject matter, it is based particularly on the analysis of international, European, and national court rulings.
The course will involve the participation of relevant practitioners.

Written exam
Additionally: presentations based on case analysis

Recommended and required readings (per session) will be provided to students via online learning tool

The course is worth 5 credits in the Specialised Master in Gender Studies