FROM OCTOBER 23 TO 27, 2023
E-Course Intensive Program in Anti-Discrimination Law
The Intensive Program in Anti-discrimination Law is an advanced Jurisnova course co-sponsored by the Berkeley Center on Comparative Equality & Anti-Discrimination Law. The course provides students and other interested participants with key concepts and theories in anti-discrimination law. It furthermore trains participants on the most relevant litigation strategies in European courts, US courts, courts in South America and before the Inter-American Commission on Human Rights (IACHR). After completion of the course, participants will be able to grasp the main challenges associated with eradicating discrimination in contemporary society, including intersectionality and the challenged posed by technological developments. A handbook is provided.
Coordination
Nausica Palazzo
Bianca Medeiros
Schedule
Oct. 23, 2023 – Oct. 27, 2023, 5:30-9:30 PM Lisbon/UK time
(5:30-8:30 PM on Oct. 24 and 26)
Workload
18 hours
Format
Online (Hybrid with a possibility of in-person attendance in Lisbon)
Students will be provided with a handbook to attend the course
Language
English
Registration fee
€ 500 (general attendance)
€ 350 (students)
Deadline for registrations and payments: October 19, 2023
Target audience
The Program is tailored for a specific audience comprising scholars and students with an interest in anti-discrimination law
Objectives
- Developing a comprehensive understanding of the fundamental theories and principles governing anti-discrimination law from a comparative perspective
- Acquiring both theoretical and practical skills necessary for litigating discrimination cases before domestic and supranational courts
- Grasping the main challenges associated with eradicating discrimination in contemporary society, including intersectionality and technological developments, and cultivating a critical mindset for effectively addressing these challenges.
Description of the Programme
Module I – Introduction to Anti-Discrimination Law: Concepts, Theories, and Challenges
The first module of the program offers a comprehensive introduction to anti-discrimination law, focusing on core concepts, theories, and the challenges associated with discrimination law and intersectionality. This module provides an essential foundation for participants to develop a deep comprehension of the dynamics associated with addressing discrimination today.
Module II – Practicum: Litigating Discrimination in Europe
This module addresses the practical aspects of litigating discrimination cases in Europe. It will cover two jurisdictions: the Frame- work of the European Convention on Human Rights (ECHR), and a domestic jurisdiction, Portugal. By examining the two selected case studies, it provides an overview of procedural requirements and lines of argumentation used in ‘European’ litigation in anti-discrimination. Through the practicum, students will be guided through a supervised practical application of the concepts studied in the context of the ECHR.
Module III – Practicum: Litigating Discrimination before US Courts
This module equips participants with practical skills for litigating discrimination cases in the courtroom in the United States. Students will be guided in a supervised practical application of studied notions.
Module IV – Practicum: Litigating Discrimination in South America and before the IACHR
Module IV addresses the challenges of combatting discrimination in South America, by examining its unique cultural, social, and legal context. It furthermore focuses on litigating discrimination cases before the Inter- American Commission on Human Rights (IACHR).
Module V – Old and new challenges in Anti-discrimination Law
The final module offers an overview of the various theoretical approaches to expanding the boundaries of equality and justice in our societies. It investigates evolving social norms, legal structures, and innovative approaches to effectively addressing old and new forms of discrimination.
Programme
October 23
Module I – Introduction to Anti-Discrimination Law: Concepts, Theories, and Challenges
- 5:30-6:00: Introduction to the course. Nausica Palazzo, NOVA School of Law
- 6:00-7:00: Comparative non-discrimination. Sarah Ganty, Yale Law School/Gent University
- 7:00-7:30: Break
- 7:30-8:30. Anti-Discrimination Legal Approaches to Sexual Harassment & Gender-Based Violence in Education & Beyond. Nancy Chi Cantalupo, Wayne State University Law School
- 8:30-9:30: The Need to Prohibit Class Discrimination. Emerita Geraldine Van Bueren, KC (Kings Counsel) Queen Mary, University of London, British Institute of International and Comparative Law; Kellogg College, Oxford.
October 24
Module II – Practicum: Litigating Discrimination in Europe
- 5:30-7:20: Litigating discrimination before the ECHR + Practicum. Nausica Palazzo, NOVA School of Law
- 7:20-7:30: Break
- 7:30-8:30: Litigating discrimination in Portugal – Part II. Helena Pereira Melo, NOVA School of Law.
October 25
Module III – Practicum: Litigating Discrimination before US Courts
- 5:30-6:30: A Personal Sojourn through a Broad Array of Discrimination Law in U.S. Courts. Gilbert Carrasco, Willamette University College of Law
- 6.30-7:30: EEOC: Preventing, investigating, and litigating claims. Oshia Gainer Banks, United States Equal Opportunity Commission.
of employment discrimination, retaliation, and harassment in the workplace - 7.30-8:00: Break
- 8:00-09:30: Practicum: Discrimination cases under US law. Bryan Schwartz, Esq. Bryan Schwartz Law, P.C.
October 26
Module IV – Practicum: Litigating Discrimination in South America and before the IACHR
- 5:30-6:30: Antidiscrimination Law in Latin America and vulnerable groups. Denise Abade, Mackenzie University/Federal Public Prosecution Service
- 6:30-7:30: Strategic litigation in Antidiscrimination law in the Inter-American Human Rights System: deprivation of liberty, mental health, migration, and LGBT rights. Lucas Ramón Mendos, University of Buenos Aires
- 7:30-8:30: Practicum: Litigation before the IACHR. Bianca da Silva Medeiros, NOVA School of Law.
October 27
Module V – Old and new challenges in Anti-discrimination Law
- 5:30-6:30: The history of the idea of diversity: Europe, Africa, and the United States, 1810 to the present. David B. Oppenheimer, Berkeley Law
- 6:30-7:30: Comparative treatment of the significance of citizenship in Anti-discrimination Law: New directions. Dimitry Kochenov, CEU Democracy Institute
- 7:30-8:30: Algorithmic discrimination. Fabian Luetz, University of Lausanne
- 8:30-9:30: Virtual Cocktail Party: Creating transnational advocacy networks to combat discrimination