Ateneo - UPO

Starting with a preliminary definition of the concepts of gender, gender identity, sexual orientation and queer, the course offers a legal and interdisciplinary analysis of the relationship between law, gender and economics in relation to a number of fundamental questions: which disciplines make up gender studies (theology, law, semiotics, sociology, anthropology, religious studies, medicine, economics)? What are the legal categories used to define the concept of gender, and how does it relate to the concepts of sexual orientation and ‘queer’ (religious freedom, religious minorities, international protection, women’s human rights, the human rights of LGBTQI+ people, gender equality, discrimination, hate speech, sexism)? In what ways has the law contributed to the development of gender studies? From both 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 alliances and conflicts have emerged on these issues in European and international case law? What is the impact of combating discrimination against women and LGBTQIA+ people on production models? Prendendo le mosse da una mappatura interdisciplinare, il corso approfondisce tre tematiche principali: Building on an interdisciplinary framework, the course explores three main themes: 1. The legal and interdisciplinary concepts useful for studying law and the social sciences from a gender perspective (gender, LGBTQIA+, gender order, heteronormativity, the legal treatment of LGBTQIA+ people); 2. Doctrinal debates (legal feminism; LGBTQIA+ studies; queer theology; intersectionality; neo- and post-colonialism; homo-nationalism; inclusive management); 3. The application of gender studies to reality from a diachronic and synchronic perspective (reparatory marriage in Italy: the case of Franca Viola; homosexuality, gender and mental illness: psychiatry and the law before and after the Basaglia Act; the Civil Partnerships Act in Italy: the history of a journey; the conflict between religious freedom and LGBTQIA+ rights: ‘gender ideology’ and conscientious objection; the defence of male-female binary gender roles: an analysis of some recent court rulings; the costs of discrimination; feminist, queer and LGBT theologies). The origins, structure and delivery of the course reflect the lecturer’s collaboration with: the Groupe Sociétés, Religions, Laïcités joint research unit (CNRS-EPHE) in Paris, which has carried out world-class research into the role of various social actors in relation to the social and institutional representation of religion; the Joint Research Unit ‘Droit, religion, entreprise et société’ (DRES), CNRS–University of Strasbourg, which is one of the leading centres in France and Europe for studies on law and religion. The methodology adopted, based on the ongoing assessment of preliminary research questions through their application to the various topics under investigation, as well as a comparison with a number of research projects carried out by the organisations with which the lecturer collaborates, will enable the gradual development of the concepts of gender, LGBTQIA+, gender order, heteronormativity, and the legal treatment of LGBTQIA+ people; this will also be explored in relation to the tensions which, from both a synchronic and diachronic perspective, have emerged in the dialectic between these elements.

Theoretical and case-law material will be provided to participants on the individual topics covered during the course and will be uploaded progressively for each lecture onto the DIR platform. Recommended reading: a) D. Ferrari (ed.), Genere e orientamento sessuale nel prisma delle religioni, del diritto e delle culture, Annali di studi religiosi, 22, 2021, pp. 162–203 (one article of your choice); b) D. Ferrari, Orientamento sessuale e libertà religiosa. Percorsi e sfide nel diritto internazionale ed europeo, Il Mulino, Bologna, 2023 (two chapters of your choice); c) A. Simone, I. Boiano, A. Condello (eds.), Femminismo giuridico. Teorie e problemi, Mondadori, Firenze, 2025 (4 chapters of your choice). As an alternative to the texts listed above, the examination syllabus may be agreed with the lecturer.

a) Define the concepts of sex, gender, sexual orientation and queer in legal and interdisciplinary terms; b) Analyse some of the ongoing debates within the social sciences concerning the concept of gender (feminist legal 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 combat stereotypes; d) Re-examine the concept of gender and its critique within the context of religious rights.

No

Through lectures and classroom-based practical sessions, the course will offer a realistic and intersectional methodological approach to gender studies. The realistic methodology, inspired by Giovanni Tarello’s reflections on legal realism, will be developed through the participation in the course of scholars, lawyers and institutional stakeholders. 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 to specific topics such as: the relationship between religious cultures, law and gender in the process of codifying human rights; the link between religions, persecution, gender and sexual orientation; and the impact of stereotypes on the protection of the rights of women and LGBTQI+ people. Students taking part in international mobility schemes (Free Movers) will have the opportunity to have the credits awarded upon passing the course examination recognised as credits earned through international mobility, with the addition of 2 extra-curricular CFU to reflect the greater commitment required.

The course material will be made available in advance of the lessons via the DIR platform so that, in class, we can engage in a dialogue-based discussion of the legal cases under consideration or the documents relating to each lesson. The course will be supported by multimedia resources (DVDs, YouTube, etc.). Students with disabilities, Specific Learning Difficulties (SLD) or Special Educational Needs (SEN) may request specific services and resources designed for them by contacting the Career Development, Coordination and Student Services Team and consulting the relevant page on the University website: https://uniupo.it/it/servizi/servizi-studentidisabili-e-dsa Students with disabilities, specific learning difficulties (SLD) or special educational needs (SEN) may, once they have made contact with the University staff, contact the lecturer responsible for the course to discuss the arrangements for the examination and any teaching-related matters.

Assessment will take place throughout the course and will consist of active participation, the completion of a final assignment and an oral examination.

Lessons 1-2 (8 hours). Gender, gender identity, sexual orientation and queer: preliminary definitions and substantive considerations in the fields of law, economics and the social sciences.
Lessons 3-4-5-6 (16 hours). Doctrinal debates: legal feminisms; LGBTQIA+ studies; queer, LGBTQIA+ and feminist theologies; intersectionality; neo- and post-colonialism; homo-nationalism; inclusive management.
Lessons 7-8-9-10-11 (20 hours). The application of gender studies to reality from a diachronic and synchronic perspective (reparatory marriage in Italy: the case of Franca Viola; homosexuality, gender and mental illness: psychiatry and the law before and after the Basaglia Act; the Civil Partnerships Act in Italy: the history of a journey; the conflict between religious freedom and LGBTQIA+ rights: ‘gender ideology’ and conscientious objection; the defence of male-female binary gender roles: an analysis of some recent court rulings; the costs of discrimination; feminist, queer and LGBT theologies: LGBT pastoral care, the Agape gay camps, gender equality in the churches).

An in-depth and critical examination of gender issues in the legal sphere