Course leader: Evis Garunja
Home Institution: University “Aleksander Moisiu” Durres/Albania
Course Overview
The subject: Gender Equality and Non-discrimination, as a facultative choice during the Bachelor studies, offers a general overview on fundamental concepts of Gender Equality, the guaranties offered by internal (Albanian) and international legal framework, the issues and national and international case law on giving solution to important cases with impact on the improvement of legal system on this topic.
The aim of this subject consisted on making students more aware on the Human Rights topic, especially those lawyers who work on it, to be more prepared and to understand the way how to use the proper and adequate methods on solving the problems and issues emerged on this field. These methods will be implemented during drafting of laws and the adaptation of international legislation framework with the internal law according to the national prospective.
Learning Outcomes
Students at the hosting university will have an international view of human rights, especially women’s rights situation in Albania and internationally.
After the conclusion of hours in auditor, the student will be able:
Course Content
Gender Equality and Law
Law, Justice, Gender Equality and Feminisms
Gender Equality in the International Law
General overview of Gender Equality standards
Gender equality concept and nondiscrimination
Legislation and practice
A short overview on the Gender Equality case law
Gender Equality case law in Albania. The Penal Code changes on gender prospective in Albania.
Gender Equality in decision-making process.
State mechanism on implementation of gender equality in Albania
Implementation of Equality and Non-discrimination concepts in family relationships. Albanian case.
Albanian institutions on the protection against domestic violence
Key studies on the gender equality on labor relations
Key studies on gender equality in social justice cases
Instructional Method
In the most part of time, the lessons will be interactive, composed by professor lecture and the integration of students presentations of cases, questions and discussions on topics part of lecture.
Seminars will offer to the students a general and detailed feedback on specific thesis worked by them, by treating concrete cases focused on gender equality and gender discrimination in all fields. In advance students will be prepared and advised on how to fulfill their tasks. The professor, after the submission of thesis by the students, will review it and discuss the conclusions with whole the auditor.
Exercises in small groups – during the exercises, the students will be encouraged to be more active and to express their opinions and ideas on the solutions of cases in gender equality and a equal gender treatment in all spheres of social life and not only.
Required Course Materials
Berry, D.B, Domestic Violence Sourcebook, Lowell House, ISBN: 1-56565-212-6, 1995, at: https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=167047
https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/1_Global/CEDAW _C_GC_35_8267_E.pdf
https://rm.coe.int/16800d383a
Council of Europe, European Convention on Human Rights, 1950, at: https://www.echr.coe.int/Documents/Convention_ENG.pdf
Fisher and Lab, "Encyclopedia of Victimology and Crime Prevention, Volume 1, 2010, page 257.
Lombardi et al. Gender Violence: Transgender Experiences with Violence and Discrimination, Volume 42, Issue 1, 2002, at: https://www.tandfonline.com/doi/abs/10.1300/J082v42n01_05
UN Women, “Facts and Figures: Ending Violence against Women A pandemic in diverse forms”, Website Accessed on 22.7.2018 at: http://www.unwomen.org/en/what-we-do/endingviolence-againstwomen/facts-and-figures
World Health Organization, Global and Regional Estimates of Violence Against Women: Prevalence and health effects of intimate partner violence and non-partner sexual violence, 2013, at: www.who.int/reproductivehealth/publications/violence/9789241564625/en/
Carroll and Mendos, "State Sponsored Homophobia: A World Survey of Sexual Orientation Laws: Criminalisation, Protection, and Recognition", 2017, in: https://ilga.org/downloads/2017/ILGA_State_Sponsored_Homophobia_2017_WEB.pdf
Association For Emancipation Solidarity And Equality Of Women, Institutional Response And Organizational Policies For Violence At The Workplace. Psychological And Sexual Harassment. (2012)
Barrett R. (2004), "Learning for an unknown future", Higher Education Research & Development, Vol. 23, No. 3.
Carlos, M. and L. Maratou-Alipranti (2000). Family policy and new family forms: the cases of Greece and Portugal Family and Family Policies in Europe: Comparative Perspectives. A. Pfenning and T. Bahle. Frankfurt am Mein, Peter Lang.
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
Elmore R. (1985), “Forward and Backward Mapping: Reversible Logic in the Analysis of Public Policy”, Washington Univ., Seattle. Inst. for Public Policy and Management.
Engels F., The Condition of the Working Class in England, 1845.
European Commission, The Treaty of Rome, 25 March 1957.
European Commission: Gender equality in the European Union, European Union 2011.
Equal Remuneration Convention, 1951 (No. 100), accessed Online http://www.ohchr.org/english/law/equalremuneration.htm
EU Strategy for Equality between Women and Men 2010- 2015.
European Parliament Documents, Resolution on Violence against Women, Doc. A2- 44/86, OJ. C. 176, 14 July 86.
European Commission (2012). Progress on Equality Between Women and Men in 2011.Brussels, European Commission.
Eurostat (2013). Statistics on population and social conditions.
European Commission (2012). Progress on Equality Between Women and Men in 2011. Brussels, European Commission.
European Institute for Gender Equality, Gender Equality Index 2015 - Measuring gender equality in the European Union 2005-2012: Report. European Institute for Gender Equality, 2015.
Falkner G., and Treib O., (2007)„Three Worlds of Compliance or Four? The EU 15 Compared to New Member States”, Institute for Advanced Studies.
Gogging M., (1984), “Book Review of Implementation and Public Policy, Daniel Mazmanian and Paul Sabatier, eds”, Publius 14.
Hill M. dhe Hupe P., (2002) Implementating Public Policy: Governance in Theory and in Practice. London: Sage.
Howlett M. and Ramesh M., Studing Public Policy, Oxford University Press 2009.
IMF Strategy, Policy, and Review Department and Fiscal Affairs Department: Women, Work, and the Economy: Macroeconomic Gains from Gender Equity. Prepared by Katrin Elborgh-Woytek, Monique Newiak, Kalpana Kochhar, Stefania Fabrizio, Kangni Kpodar, Philippe Wingender, Benedict Clements, and Gerd Schwartz Authorized for distribution by Siddharth Tiwari and Carlo Cottarelli September 2013.
Lipsky M., Street-level Bureauacracy: Dilemmas of the Individual in Public Services, New York: Russell Sage Foundation, 1980.
Lanzin.F.,The Failure of Federal Enforcement of Civil Rights Regulations in Public Housing , 1973, Policy Sciences No 4 .
Mazmanian D. dhe Sabatier P., Implementation and Public Policy, University Press of America, 1983.
Myrphy, J., The Education Bureaucracies Implement Novel Policy: The Politics of Title 1 of ESEA, 1973 in A. Sindler (ed), Policy and Politics in America, Boston: Little Brown.
MatlandR., (1995). “Synthesizing the Implementation Literature: The Ambiguity-Conflict Model of Policy Implementation”, Journal of Public Administration Research and Theory : J-PART, Vol.5, No.2.
Marx K., The Capital, 1867;
Marx K. and Engels. F., The Communist Manifesto, 1848.
Mulgan G., The art of Public Strategy, Oxford University Press, 2009. Mulgan G. dhe Lee A. (2001), Better Policy Delivery and Design: A Discussion Paper, Performance and Innovation Unit.
McRobie, H. (2012). Austerity and domestic violence: mapping the damage.
Rubery, J. (1992). "Pay, gender and social dimension in Europe." British Journal of Industrial Relations 30(2).
Richard I.Hofferbert., The Study of Public Policy ,1974, Bobbs-Merrill
South East European Law School Network, Legal Perspectives on Gender Equality in South East Europe, Skopje 2012.
Women against Violence Europe (2014) Country Report 2013: Reality Check on European Services for Women and Children Survivors of Violence: A Right for Protection and Support?, Vienna, WAVE-office / Austrian Women’s Shelter Network.
European Gender Equality law review, no. 2, 2009
Bonvillain, Nancy. Women and man Cultural constructs of Gender. Third Edition. Practice Hall. New Jersey, 2001.
Chamallas, Martha. Introduction to Feminist Legal Theory, Second edition, Aspen Publishers, 2003
Chesney-Lind, Meda and Pasko, Lisa The female offender. Girls, Women and Crime. Second Publishing, California, Sage Publications, Inc., 2004
Comack, Elisabeth, editor. Locating Law Race/Class/Gender Connections. Fernwood Publishing, Halifax, 2003
Connell, Robert W. Gender. Blackwell Publishing USA, 2000
Current controversies on family violence. Editor Loseke, Donileeen., Gelles, Richard., and Cavanaugh, Mary. California, Sage Publications, Inc., 2005
Hesse-Biber, Sharlene Nagy and Patricia Lina Leavy. Feminist Research Practice. Sage Publications India, 2007
Just Advocay? Women’s Human Rights. Transnational Feminisms, and the Politics of Representation. Edited by Wendy S. Hesford and Wendy Kozol. Rutgers University Pres: New Brunswick , New Jersey and London, 2005
Legal perspective on Equal treatment and Non-discrimination (Studies in Employment and Social Policy) edited by Ann Numhauser-Henning.2001 Kluwer Law International.
Lorber, Judith. Gender Inequality Feminist. Theories and Politics. Roxbury Publishing Company Los Angeles, California, 2005.
Ney Bensadon, “Les droits de la Femme”, Presses Universitaire de France, Paris, 1994.
Snyder, Margaret. Transforming Development Women, Poverty and Politics. Intermediate Technology Publications, 1995
Spock, Benjamin M.D. Revised by: Robert Needlman M.D. Dr. Spock’s Baby and child Care 8-th edition, A hand book for parents of Developing Children from Birth through Adolescence. Pocket Books, New York, 2004.
The future of Women’s Rights Global Visions and Strategies. Edited by Joana Kerr, Ellen Sprenger and Alison Symington. Zed books London New York, 2004.
UNIFEM. Budgeting for Women’s Rights, Monitoring Government Budgets for Compliance with CEDAW. December 2008
UNIFEM. Gender Equality now. Accelerating the Achievement of the Millennium Development Goals. New York, 2009.
UNIFEM. Who answers to women? Gender and Accountability. New York, 2008. http://www.unifem.org/progress/2008
Commission on Legal Empowerment of the Poor. Making the Law Work for everyone. New York, Toppan Printing Company America, 2008.
Directives of European Union
Council Directive 75/11/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ L 045, 19/02/75).
Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ L 039, 14/02/76)
Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 006, 10/01/79), and Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes (OJ L 225, 12.08.86)
Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood (OJ L 359, 19.12.86).
Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (OJ L 348, 28/11/92).
Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (OJ L 145, 19/06/96).
Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ L 014, 20/01/98).
Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex (OJ L 014, 20/01/98)
Case Law
Judgment of the European Court of Justice of 25/05/71, G. Defrenne v. Belgian State, C80/70.
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:61975CJ0043
Judgement of the European Court of Justice CASE OF BURGHARTZ v. SWITZERLAND (Application no. 16213/90)
https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-57865%22]}
Case Dolhamre vs. Sweden, 10 June 2010, Application no. 67/04 http://echr.ketse.com/doc/67.04-en-20100608/
Case Mizzi vs. Malta, Application no. 26111/02 http://www.humanrightsmalta.org/uploads/1/2/3/3/12339284/2002_mizzi26111.pdf
Case Mustafa vs. France, 17 June 2003, Application no. 63056/00 http://echr.ketse.com/doc/63056.00-en-20030617/
Case Opuz vs. Turkey, 9 June 2009, Application no. 33401/02 https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-92945%22]}
Case Rasmussen vs. Denmark, Application no. 8777/79, Vedi CEDU, 12 January 2006 https://www.womenslinkworldwide.org/en/files/1134/summary-of-the-decision.pdf
Case G.M.B. and K.M. vs. Switzerland, 27 September 2001, https://statesassembly.gov.je/scrutinyreviewresearches/2008/s-24879-34431-1552008.pdf
Case of Ünal Tekeli v. Turkey (Application no. 29865/96)
https://hudoc.echr.coe.int/eng?i=001-67482
CEDU judgment on Case M.C. v. Bulgaria, 4 December 2003, Application no. 39272/98
https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-61521%22]}
Assessment
The evaluation process will be composted by an intermediate research essay and the final exam. In total, the student should have 100 points = exellent. The Final exam will be evaluated with 50 points, the essay will be evaluated with 40 points and 10 points for the participation during the seminars and the interaction.
The final evaluation will be as the above table:
|
Mark |
Points |
Percentage |
Valuation in words |
|
4 |
0-58 |
0-58% |
Failed |
|
5 |
59-66 |
59-66% |
Passed |
|
6 |
67-73 |
67-73% |
Bad |
|
7 |
74-80 |
74-80% |
Good |
|
8 |
81-87 |
81-87% |
Good |
|
9 |
88-94 |
88-94% |
Very good |
|
10 |
95-100 |
95-100% |
Exellent |