Ateneo - UPO

The course, starting from a preliminary definition of the concepts of gender, gender identity, sexual orientation and queer, proposes a legal and interdisciplinary mapping of the relationship between law, gender and economics in relation to some fundamental questions: what disciplines are gender studies composed of (theology, law, semiotics, sociology, anthropology, religious studies, medicine, economics)? What are the legal categories of definition of the concept of gender and what are the relationships with the concept of sexual orientation and queer (religious freedom, religious minority, international protection, human rights of women, human rights of LGBTQI+ people, gender equality, discrimination, hate speech, sexism)? In what terms has law contributed to the construction of gender studies? From a synchronic and diachronic perspective, how is the role of religious cultures defined in the genesis and progressive development of a new "freedom of gender or from gender"? What are the alliances and conflicts that have emerged on these issues in European and international jurisprudence? What is the impact of the fight against discrimination against women and LGBTQIA+ people on production models? Starting from an interdisciplinary mapping, the course explores three main themes: 1. The legal and interdisciplinary concepts useful for studying law and social sciences from a gender perspective (gender, LGBTQIA+, gender order, heteronormativity, legal treatment of LGBTQIA+ people); 2. Doctrinal debates (legal feminisms; LGBTQIA+ studies; queer theology; intersectionality; neo- and post-colonialism; homo-nationalism; inclusive management); 3. The application of gender studies to reality in a diachronic and synchronic perspective (reparatory marriage in Italy: the case of Franca Viola; homosexuality, gender and mental illness: psychiatry and law before and after the Basaglia law; the law on civil unions in Italy: the history of a journey; the conflict between religious freedom and LGBTQIA+ rights: “gender ideology” and conscientious objection; the defense of the male-female binary: analysis of some recent judicial arrests; the costs of discrimination; feminist, queer and LGBT theologies). The genesis, structure and development of the course reflect the collaboration of the teacher with: the Mixed Research Unit Groupe Sociétés, Religions, Laïcités, CNRS-EPHE, in Paris, which has developed international-level research on the role of different social actors with respect to the social and institutional representation of religion; the Joint Research Unit Droit, religion, entrepreneurship and society (DRES), CNRS-University of Strasbourg, which represents one of the reference centers in France and Europe for studies on law and religion. The methodology adopted, based on the constant verification of the preliminary research questions through their application to the various topics being studied, as well as the comparison with some research projects conducted by the institutions with which the professor collaborates, will allow the progressive construction of the concepts of gender, LGBTQIA+, gender order, heteronormativity, legal treatment of LGBTQIA+ people and this also in relation to the tensions that, in a synchronic and diachronic perspective, have manifested themselves in the dialectic between these elements.

a) D. Ferrari (a cura di), Genere e orientamento sessuale nel prisma delle religioni, del diritto e delle culture, Annali di studi religiosi, 22, 2021, p. 162-203 (a chapter of your choice); b) D. Ferrari, Orientamento sessuale e libertà religiosa. Percorsi e sfide nel diritto internazionale ed europeo, Il Mulino, Bologna, 2023 (two chapter of your choice); c) A. Simone, I. Boiano, A. Condello (a cura di), Femminismo giuridico. Teorie e problemi, Mondadori, Firenze, 2025 (4four chapters of your choice). Alternatively, the exam program can be agreed with the teacher.

a) Define in legal and interdisciplinary terms the concepts of sex, gender, sexual orientation and queer; b) Analyze some of the ongoing debates regarding the concept of gender (legal-feminist approach; Afrocentric approach; post-colonial approach; neo-colonial approach; selective approach; inclusive approach; trans-exclusionary radical feminist approach); c) Highlight the legal and economic effects of legal policies that guarantee gender equality and contrast stereotypes; d) Reconstruct the concept of gender and its critique within religious law.

No

Through classes and laboratory experiences , a realistic and intersectional methodological approach to gender studies will be proposed. The realistic methodology, inspired by Giovanni Tarello's reflection on legal realism, will be developed thanks to the participation in the course of scholars, lawyers and institutional actors. The intersectional methodology, on the other hand, will be introduced with specific references to the work of Kimberlé Crenshaw and Judith Butler, and then applied in detail to specific topics such as: the relationship between religious cultures, law and gender in the process of codification of human rights; the link between religions, persecution, gender and sexual orientation; the impact of stereotypes on the protection of women's and LGBTQI+ people's rights. Students who participate in international mobility projects (Free Mover) will have the opportunity to acquire credits following passing the exam of the course as credits obtained in international mobility, with the addition of 2 extra-curricular CFU for the greater commitment required.

The seminar materials will be transmitted before classes through the DIR platform so that in the classroom it is possible to discuss in a dialogic form the jurisprudential cases examined or the documents. The course will be supported by multimedia tools (DVD, Youtube,). Students with disabilities or with Specific Learning Disorders (DSA) or with Special Educational Needs (BES) can request specific services and tools dedicated to them by contacting the Career Development and Coordination and Student Services Staff and by consulting the dedicated page on the University website: https://uniupo.it/it/servizi/servizi-studentidisabili-e-dsa Students with disabilities, DSA, BES, once they have contacted the University Staff, can contact the professor in charge of the course in relation to the declination of the exam methods, regarding the didactic aspects.

The assessment will take place during the course through active participation, the creation of a final paper and an oral exam.

Lessons 1-2-3-4 (8 hours). Gender, gender identity, sexual orientation and queer: preliminary definitions and premises of merit between law, economics and social sciences. Lessons 5-6-7-8-9-10-11-12-13 (18 hours). Doctrinal debates: legal feminisms; LGBTQIA+ studies; queer, LGBTQIA+, feminist theologies; intersectionality; neo- and post-colonialism; homo-nationalism; inclusive management. 14-15-16-17-18-19-20-21-22 (18 hours). The application of gender studies to reality in a diachronic and synchronic perspective (the reparatory marriage in Italy: the case of Franca Viola; homosexuality, gender and mental illness: psychiatry and law before and after the Basaglia law; the law on civil unions in Italy: the history of a journey; the conflict between religious freedom and LGBTQIA+ rights: “gender ideology” and conscientious objection; the defense of the male-female binary: analysis of some recent judicial arrests; the costs of discrimination; feminist, queer and LGBT theologies: LGBT pastoral care, gay camps in Agape, gender equality in churches).

Deep critical perspective on gender issues