95329 - VITTIME, DISCRIMINAZIONE E DIRITTO (CLINICA LEGALE)

Learning outcomes

To give students, using interactive methods in the course of the teaching process, specific professional skills (e.g. the writing of legal acts, problem solving, normative and jurisprudential research, strategic evaluation, argumentation, relational skills) and theoretical skills characterising the activity of the lawyer, allowing to decrease the distance between theory and practice and law.

Course contents

Clinical legal education is a method of teaching law based on the combination of theory and practice and oriented towards a social justice mission.

Clinical legal education enables students, as part of a team with lecturers and lawyers, to deal with a real-life case where there is a risk of discrimination or where a case of vulnerability, fragility or social marginalisation has to be dealt with, offering, where necessary, assistance to the victim on a judicial level. In fact, the clinical activity enables the development of specific professional skills, analytical abilities and in-depth theoretical competences, as well as a profound deontological awareness. In particular, the following learning objectives are identified

- to promote the development of specific professional skills (problem solving; strategic evaluation; argumentation; interpersonal skills with the various actors involved)
- strengthen the aptitude for legal analysis especially through regulatory and case law research;
- encourage the acquisition of transversal skills through learning by doing and cooperative learning;
- provide the first elements of deontology and professional ethics starting from the university course.

The course lasts one year and is divided into two parts:


Preparatory module (November to February)_Seminar part
The aim is to deepen the macro-theme of discrimination and victim protection in a transversal manner (i.e. within various areas of law), in order to convey the fundamental notions for dealing with practical cases. The topics addressed in the preparatory module are as follows:

- discriminatory behaviour: sociological-legal and anthropological reflections;
- naming and dealing with conflict;
- who is the victim? anthropological and procedural reflections aimed at protection;
- the ambiguities of law: between discrimination and normative gaps;
- the principles of anti-discrimination law at the European level;
- the principle of non-discrimination in the ECHR;
- defining and identifying discrimination: the current challenges of legal categories;
- directive 29/2012 and the challenges of its transposition;
- pragmatic aspects of criminal and civil procedures;
- the right to residence as a fundamental right;
- fundamental rights and migrants: challenges and critical issues;
- discrimination based on gender and sexual orientation;
- the prison system and the protection of rights


At the end of the theoretical part, elements of legal writing will be provided, also useful in view of the second part of the course.


Workshop phase (February to May)- Practical part
The objective is to carry out the treatment of the assigned practical case as a team. Each team will be composed of three actors: students, area teachers, clinical lawyers. The team work will be aimed at preparing an output (judicial act, doctrinal contribution, etc.) as deemed appropriate for the needs of the case.


The detailed programme of the annual course will be provided in conjunction with the start of the meetings. Usually, one meeting per week is held in the seminar part, while the scheduling of the practical part will be agreed upon with all the members of the teaching team on the basis of the needs dictated by the case being dealt with.


INCLUSION IN THE CURRICULUM:

Legal Clinic is an optional annual course of 8 CFUs envisaged for 5th year students; therefore, it must be included in the study plan among the activities of the last year strictly in the first window of compilation (autumn).

For the purposes of a more efficient organisation of activities, it is requested that, at the same time as the course is included in the study plan, an information email be sent to Dr Stefania Spada (s.spada@unibo.it) and Dr Federica Gitto (federica.gitto@studio.unibo.it)

Readings/Bibliography

During the course of the course, bibliographical references will be provided to support and deepen the topics covered.

We recommend - in conjunction with the beginning of the course - the full reading of the Handbook of European non-discrimination law, which can be found at the following link: https://fra.europa.eu/sites/default/files/fra_uploads/1510-fra-case-law-handbook_it.pdf

Lectures will usually be accompanied by power point presentations which will be accessible to students on the course. Additional teaching material will be made available through a distribution list.

Teaching methods

The course, through the methodology of 'learning by doing', is aimed at imparting to students certain professional skills characterizing the legal profession, allowing to decrease the distance between theory and practice of law using so-called 'real client programs.'


The teaching will be divided into seminar meetings, lectures, and workshops. In addition to providing the fundamental theoretical coordinates to deal with a practical case, the course is oriented by a reflective and participatory approach. It focuses on the interaction of the students to create a classroom group conducive to critical reflection and discussion on the topics covered.

Assessment methods

The final assessment will consider the students' active participation during the clinical pathway. The innovative didactics typical of the clinical path, with its focus on reflexivity, critical capacity, and application skills, involve, in fact, the valorization of the resulting complex expertise. Part of the assessment will also derive from the planned output of the practical case.

Overall, the evaluation will take into account several aspects:

- the identification of critical points in the translation between law in book and law in practice specific to the case dealt with;

- the knowledge of the different theoretical and jurisprudential orientations;

- the ability to make connections between the different parts of the course, considering the specificities of the case dealt with;

- the articulation and accuracy of the exposition (oral and written);

- the ability to develop critical arguments.


Specifically, the following assessment criteria will be taken into account when awarding the final mark, expressed in thirtieths:

- knowledge and understanding of the notions, principles and technical-pragmatic aspects elicited by the treatment of the case (50%);

- ability to critically analyse the topics covered by the clinical course and ability to apply them to the concrete case dealt with (20%);

- appropriate use of technical and legal vocabulary, the candidate's ability to expound (orally and in writing), the ability to analyse and evaluate relevant sources and the acquisition of the method of study and professional practice (30%).

Teaching tools

Original documents and Power Point slides will be used to support the teaching activity.

Distribution lists will be used for communication and dissemination of the material used. At the beginning of the course students will be provided with the list name and password.

Students who, for reasons related to disabilities or specific learning disorders (DSA), need compensatory tools can inform the teacher of their needs so that they can be referred to the contact persons and the most appropriate measures can be agreed upon.

Office hours

See the website of Stefania Pellegrini

See the website of Stefania Spada

See the website of Elena Ferioli

See the website of Silvia Renzetti

See the website of Giulio Centamore