95329 - VITTIME, DISCRIMINAZIONE E DIRITTO (CLINICA LEGALE)

Learning outcomes

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

The path of the Clinical Legal Clinic aims to develop specific professional skills, analytical skills 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 through 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 part of didactics (preparatory module) in which the different issues related to discrimination and victim protection will be addressed (see contents section);

2) the laboratory phase, in which the practical case will be dealt with in a team. The students will be assisted by two teachers in the area of the subject and a clinical lawyer in the treatment of a real case.

 

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Starting from a.y. 2020/21 the Legal Clinic can be included in the study plan in the first window (from 28 September to 23 November 2020), as an optional annual course from 15 C.F.U.

Students can enrol independently by choosing the activity in the study plan. For the purpose of a more efficient organization of the activities, it is requested, at the same time as the inclusion in the study plan of the course, to send an informative e-mail to s.spada@unibo.it.

Course contents

The detailed programme of the annual route will be provided in conjunction with the start of the meetings scheduled for mid-November.

The activities of the Legal Clinic of the Department of Law "Victims, Discrimination and Law" are divided into two parts: a first preparatory module (a meeting of two hours per week from 9 November to the first week of March) and a second part, divided into several modules, dedicated to the practical treatment of real cases assisted by two area teachers and a clinical lawyer (from 15 March to the end of May 2021).


In the preparatory module (from mid-November 2020 to mid-March 2021) 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;

- ambiguities of law: between discrimination and regulatory 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 of 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

Readings/Bibliography

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

We recommend - in conjunction with the beginning of the course - that you read the full Handbook of European non-discrimination law, available at the following link: https://fra.europa.eu/sites/default/files/fra_uploads/1510-fra-case-law-handbook_it.pdf.

Lessons will usually be accompanied by power point presentations which will be accessible to students on the course. Additional teaching materials will be made available via distribution list.

Teaching methods

The path, through the methodology of "learning by doing", is aimed at transmitting to students certain professional skills characterizing the forensic activity, allowing to reduce the distance between theory and practice of law through so-called "real client programs".

The didactics will be articulated in frontal lessons and workshop meetings (on line for the preparatory path and in mixed/presence mode for the treatment of the case). Throughout the training course, a systematic exposition of the topics covered by the course will be conducted. In addition to providing the fundamental theoretical coordinates for dealing with a practical case, the course will be guided by a reflective and participatory approach.

The lessons of the preparatory module will start on November, 2020 with a cognitive meeting of the classroom group. They will continue on a weekly basis until the beginning of March 2021, and then become workshops for the treatment of the practical case, which will end at the end of May 2021.

Assessment methods

At the end of the course there will be an oral interview in which the student will verify the adequate acquisition of knowledge and skills. Part of the assessment will be derived from the expected output of the practical case.

Overall, the evaluation will take into account various aspects:

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

- knowledge of the different theoretical orientations;

- the ability to make links between the different parts of the path;

- the ability to develop critical arguments;

- the articulation and accuracy of the presentation. 

Teaching tools

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

Distribution lists will be used for communications and dissemination of the material used. At the beginning of the course students will be given the name of the list and the password to access it.

Students who for reasons of disability or specific learning disorders (DSA) need compensatory tools will be able to communicate their needs to the Teacher in order to be addressed to the contact persons and agree on the adoption of the most appropriate measures.

Links to further information

https://corsi.unibo.it/magistralecu/Giurisprudenza-Bologna/law-clinics-vittime-discriminazioni-e-diritto

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