B2592 - VITTIME DISCRIMINAZIONE E DIRITTO (CLINICA LEGALE)

Learning outcomes

The Legal Clinic is based on a method of teaching law founded on the combination of theory and practice and oriented toward a social justice mission. That of the Department of Legal Sciences also intends to enhance the role of the University as a responsible social actor, through partnership agreements with the Bologna Bar Association and with local actors working in the protection of rights and the representation of social demands.
The Legal Clinic pathway allows students, as a team with faculty and lawyers, to deal with a real-life legal dispute characterized by discrimination or in which a case of vulnerability, fragility or social marginalization is addressed, offering the victim assistance on the judicial level.
The main learning objectives are:
- promote the development of specific professional skills (problem solving; strategic evaluation; argumentation; interpersonal skills with the different actors involved);
- strengthen the aptitude for legal analysis especially through normative and jurisprudential research;
- foster the acquisition of transversal skills through learning by doing and cooperative learning;
- provide the first elements of deontology and professional ethics as early as the university course;
- acquire awareness with respect to the management of the lawyer-client-victim relationship.

Course contents

Propaedeutic modules (first semester)
The objective is to delve into the macro topic of discrimination and victim protection in a cross-curricular manner in order to convey the necessary notions for the handling of practical cases. The topics covered during the propaedeutic modules are: the legal and sociological dynamics of discriminatory behavior; conflict management; the legal and sociological notion of victim; comparative analysis of constitutional models of discrimination management; the principles and sources of supranational anti-discrimination law (with particular reference to EU law and the ECHR; the typology of discrimination; and the complexity of discrimination based on sexual orientation, detention status and migrant status.
At the end of the theoretical part, the elements of legal writing necessary for the second part of the course will also be provided.
Laboratory phase (second semester)
The objective is to carry out as a team the treatment of the assigned practical case. Each team will consist of three actors: students, area faculty, clinical lawyers. The team work will be aimed at the total or partial preparation of a court document according to the needs of each case.

Readings/Bibliography

During the course, slides, case law dossiers, bibliographical and sitographical references related to the topics covered will be uploaded to the Virtual application.
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/fra-2018-handbook-non-discrimination-law-2018_it.pdf, is recommended. Also suggested is the regular consultation of the Council of Europe's material on the subject, which can be found at this site: https://www.coe.int/en/web/inclusion-and-antidiscrimination.
Lectures will usually be accompanied by power point presentations made accessible to students in the course.

Teaching methods

The methodology of “learning by doing” is aimed at transmitting to the Class some of the basic skills of the legal professions, allowing to decrease the distance between theory and practice of law by means of so-called “real client programs.”
Teaching will be divided into seminar meetings, lectures and workshops. In addition to providing the basic theoretical coordinates to deal with the treatment of a practical case, the course is oriented by a reflective and participatory approach that enhances interaction among participants and encourages critical reflection and discussion on the topics covered.

Assessment methods

The final grade depends on the active participation of the students during the clinical course, the quality of the judicial act required by the handling of the practical case, the effectiveness of the presentation to be made by each group during the final collective meeting of the Course.
To assign the final grade, expressed in thirtieths, the following evaluation criteria will be taken into account:
- knowledge and understanding of the notions, principles and technical-pragmatic aspects solicited by the treatment of the case;
- ability to critically analyze the topics covered by the clinical course and ability to apply them to the concrete case treated;
- appropriate use of technical and legal vocabulary; expository skills (oral and written); ability to analyze and evaluate relevant sources; and acquisition of the method of study and professional practice.

Teaching tools

Students who, for reasons dependent on disabilities or specific learning disorders (SLDs), need compensatory tools can inform teachers of their needs so that the most appropriate arrangements can be made.
To support teaching, the following sitography is also proposed: 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 - National Anti-Racial Discrimination Office: 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

Office hours

See the website of Stefania Pellegrini

See the website of Stefania Spada

See the website of Elena Ferioli

See the website of Laura Bartoli

See the website of Giulio Centamore