C9660 - CLINICA LEGALE - VITTIME DISCRIMINAZIONE E DIRITTO

Learning outcomes

"Clinical legal education" is a method of teaching law based on the combination of theory and practice and oriented towards a mission of social justice. The Legal Clinic programme enables students, working in teams with academic staff and practising lawyers, to handle a real case involving a risk of discrimination, or one requiring the management of a situation of vulnerability, fragility or social marginalisation, providing the victim, where necessary, with assistance in judicial proceedings. Clinical work indeed fosters the development of specific professional skills, analytical abilities and in-depth theoretical competences, as well as a profound awareness of professional ethics. In particular, the following learning objectives have been identified:

• to promote the development of specific professional skills (problem solving; strategic assessment; legal argumentation; interpersonal and relational skills with the various actors involved);
• to strengthen aptitude for legal analysis, particularly through statutory and case-law research;
• to foster the acquisition of transferable skills through learning by doing and cooperative learning;
• to provide an initial grounding in professional ethics and deontology from the outset of university studies.

Course contents

Preparatory Modules (First Semester)

The aim is to examine in depth, from a cross-cutting perspective, the overarching theme of discrimination and the protection of victims, in order to impart the knowledge required for the handling of practical cases. The topics addressed in the preparatory modules are: the legal and sociological dynamics of discriminatory conduct; conflict management; the legal and sociological notion of victim; the comparative analysis of constitutional models for addressing discrimination; the principles and sources of supranational anti-discrimination law (with particular reference to EU law and the ECHR); the typology of discrimination; the complexity of discrimination based on sexual orientation, on the condition of imprisonment and on migrant status; and forms of labour exploitation.

Upon completion of the theoretical component, students will also be provided with the elements of legal writing required for the second part of the programme.

Practical Workshop Phase (Second Semester)

The aim is to handle the assigned practical case as part of a team. Each team will comprise three categories of participants: students, academic staff from the relevant field, and clinical lawyers. Teamwork will be directed towards the drafting, in whole or in part, of a judicial document, according to the requirements of each case.

The cases to be dealt with in the workshop will be selected on the basis of criteria of feasibility and social relevance, in light of the proposals received from local advocacy associations and protection bodies as well as from the Bologna Bar Council.

The detailed programme of the course will be provided at the start of the sessions. As a rule, one session per week is held during the preparatory phase, whereas the schedule of the practical component will be agreed upon with all members of the teaching team, based on the requirements of the case being handled.

INCLUSION IN THE STUDY PLAN

The Legal Clinic is an optional year-long course worth 14 ECTS credits (CFU), intended for fifth-year students; accordingly, it must be included in the study plan by October of each academic year.

For further information on the functioning and history of the Legal Clinic, please consult the dedicated website: https://site.unibo.it/clinica-legale/it

Readings/Bibliography

During the course, slides, case-law dossiers, and bibliographical and webliographical references relating to the topics covered will be uploaded to the Virtuale e-learning platform.

Students are advised to read in full the Handbook on European Non-Discrimination Law, available at the following link: https://fra.europa.eu/sites/default/files/fra_uploads/fra-2018-handbook-non-discrimination-law-2018_it.pdf . Regular consultation of the Council of Europe materials on the subject is also recommended, available at: https://www.coe.int/en/web/inclusion-and-antidiscrimination .

Lectures will generally be accompanied by PowerPoint presentations, which will be made accessible to students enrolled in the course.

Teaching methods

The "learning by doing" methodology is designed to impart to the class some of the fundamental skills of the legal professions, narrowing the gap between legal theory and legal practice through so-called "real client programmes".

Teaching will be organised into seminar sessions, lectures and workshops. In addition to providing the essential theoretical framework for the handling of a practical case, the course is guided by a reflective and participatory approach which values interaction among participants and fosters critical reflection and discussion of the topics addressed.

Assessment methods

The final assessment is based on students' active participation throughout the clinical programme, on the quality of the judicial document required for the handling of the practical case, and on the effectiveness of the presentation that each group is required to deliver during the final plenary session of the course.

The final mark, expressed on a thirty-point scale, will be awarded on the basis of the following assessment criteria:

• knowledge and understanding of the notions, principles and technical-practical aspects raised by the handling of the case;
• capacity for critical analysis of the topics covered in the clinical programme and ability to apply them to the specific case handled;
• appropriate use of technical and legal terminology, oral and written communication skills, ability to analyse and evaluate the relevant sources, and acquisition of study methods and professional practice.

Teaching tools

Students who, on account of a disability or specific learning disorders (SLDs), require compensatory tools may communicate their needs to the teaching staff so as to agree upon the adoption of the most appropriate arrangements.

In further support of the teaching activities, the following list of online resources is also provided:

• Council of Europe: https://www.coe.int/en/web/portal/home
• The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention): https://www.coe.int/en/web/istanbul-convention
• UNAR – Italian National Office against Racial Discrimination: https://unar.it/portale/
• United Nations and the Rule of Law: https://www.un.org/ruleoflaw/thematic-areas/human-rights/equality-and-non-discrimination/
• European Commission: https://commission.europa.eu/aid-development-cooperation-fundamental-rights/your-rights-eu/know-your-rights/equality/non-discrimination_en

Links to further information

https://site.unibo.it/clinica-legale/it

Office hours

See the website of Stefania Pellegrini

See the website of Elena Ferioli

See the website of Laura Bartoli

See the website of Giulio Centamore

See the website of Francesca Curi

See the website of Stefania Spada