Research Seminar- Discriminations

Code Cours
1920-FDL-LAW-EN-5041
Langue d'enseignement
FR, EN
Ce cours apparaît dans les formation(s) suivante(s)
Responsable(s)
Benedetta Barbisan
Période

Présentation

Prérequis

Knowledge of the core human rights treaties and enforcement and protection mechanisms

Objectifs

At the end of the course, the student should be able to:



Show familiarity with the main regulatory documents at international and European level


Understand and describe the major concepts and issues of anti-discrimination law in the European context


Think and critically analyze human rights and non-discrimination case law with regard to race/ethnicity.


Analyse concrete situations from an anti-discrimination perspective and to develop and defend a concise and accurate argumentation.


Présentation

The aim of the course is to provide an overview of the issues, concepts and case law related to anti-discrimination law in the European context with a focus on racial discrimination of Romani people.


More specifically, the course will first touch upon the International and the European legal framework of equality and anti-discrimination law. It will then analyse the developments that took place in the European context by looking at the main European texts and institutions dealing with anti-discrimination law (e.g. European Court of Human Rights and the Court of Justice of the European Union) and the main concepts that have been developed, namely direct and indirect discrimination but also harassment, intersectional/multiple discrimination and hate crimes.


Finally, aspects related to exhaustion of domestic remedies, the shift of the burden of proof and possible justifications of differential treatment will also be discussed.


The course aims to be as much as interactive as possible. After an introduction of basic principles and rules, specific issues and case studies related to human rights abuse of Roma will provide the students with the opportunity to understand anti-discrimination law developments and challenges in working groups during the sessions and as object of both a group and an individual assignment.



Modalités

Modalités d'enseignement

The course will be divided in 4 sessions of 4 hours for a total of 16 hours of effective presence in class.

It won’t require work prior to its starting but personal work such as personal study and research in order for students to be able to accomplish successfully the written assignments and prepare for oral presentations. In Table n°1 below there is an estimation of hours these activities will be required to students. This amount of hours might be of course bigger or smaller depending on the personal knowledge of the issues covered, the interest aroused and the familiarity with research tools and databases.

Students will be evaluated taking into account the following activities:

Participation: the goal of the course is to be as much interactive as possible.

For this purpose pro-active participation is necessary and appreciated. Students will be often divided in working groups and will be asked to discuss among them several questions and report back to the class. Questions and critical appraisal of cases presented and discussed in class will be encouraged as well.

Written assignments: students will be asked to work in group to draf a complaint to be lodged before an regional or international court or body and individually to draft a 10/15 pages paper covering a specific issue that raised particular interest during the course. The evaluation will take into account the accuracy and pertinence of the information and arguments used; the diversity and relevance of sources cited as well as the form and language used.

Oral presentation: Each student will be asked to do a short presentation of the work carried on in group and will be evaluated taking into account the clearness and comprehensiveness of his/her presentation.

Évaluation
Examen : coeff. 1

Ressources