95329 - VITTIME, DISCRIMINAZIONE E DIRITTO (CLINICA LEGALE)

Academic Year 2021/2022

  • Moduli: Stefania Spada (Modulo 0) Elena Ferioli (Modulo 1) Elena Valentini (Modulo 2) Stefania Pellegrini (Modulo 3) Giulio Centamore (Modulo 4)
  • Teaching Mode: Traditional lectures (Modulo 0) Traditional lectures (Modulo 1) Traditional lectures (Modulo 2) Traditional lectures (Modulo 3) Traditional lectures (Modulo 4)
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 9232)

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 teaching method based on the dialogue between legal theory and practice and oriented towards a mission of 'social justice'.

The course of Clinical Legal Education aims to develop specific professional skills, analytical abilities and in-depth theoretical competences, as well as a deep deontological awareness. In particular, the following learning objectives are identified

- to promote the development of specific professional skills (problem solving; strategic evaluation; argumentation; relational skills with the different actors involved);

- to facilitate the development of analytical skills and in-depth theoretical competences, also by means of normative and jurisprudential research;

- implement the development of transversal skills through learning by doing and cooperative learning;

The annual course is divided into two parts:

1) the first didactic part (propaedeutic module) in which the different issues concerning discrimination and victim protection will be addressed, as well as the basic notions for the treatment of practical cases;

2) the workshop phase, in which the practical case will be carried out in teams. The students will be assisted by two lecturers of the subject area and a clinical lawyer in the treatment of a real case.

In the preparatory module the following topics will be addressed, also through seminar meetings with lecturers and professionals:

- discriminatory behaviour: sociological-legal and anthropological reflections;

- naming and dealing with conflict;

- who is the victim? anthropological and procedural reflections aimed at protection;

- the law, between theory and practice;

- the ambiguities of law: between discrimination and normative gaps;

- the principles of anti-discrimination law at European level;

- the principle of non-discrimination in the ECHR;

- defining and identifying discrimination: the current challenges of legal categories;

- the victims' directive 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 penitentiary system and the protection of rights.



INCLUSION IN THE CURRICULUM:

From the academic year 2021/22 Legal Clinic may be included in the study plan in the first available window, as a one-year optional course of 8 C.F.U.

Students will be able to enrol independently by choosing the activity in the study plan. For a more efficient organisation of the activities, students are requested to send an information email to s.spada@unibo.it [mailto:s.spada@unibo.it] at the same time as the course is included in the study plan.



The detailed programme of the one-year course will be provided in conjunction with the start of the activities.

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 transmitting to students certain professional skills that characterize the forensic activity, allowing to reduce the distance between theory and practice of law by means of so-called "real client programs".

The teaching will be divided into lectures and workshops (online for the preparatory course and in mixed mode / presence for the treatment of the case). Throughout the course there will be a systematic presentation of the topics covered by the course. In addition to providing the fundamental theoretical coordinates to deal with a practical case, the course will be oriented by a reflective and participatory approach.

Assessment methods

At the end of the course there will be an oral interview to check the student's adequate acquisition of knowledge and skills. Part of the assessment will be derived from the 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 Elena Valentini

See the website of Giulio Centamore

SDGs

Quality education Gender equality Reduced inequalities Peace, justice and strong institutions

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.