The course aims to analyze and understand, from a legal perspective, how gender—as a notion referring to a political, social, and cultural construct, as opposed to sex, which is a biological fact—is addressed by law within contemporary societies.
The course therefore examines the impact of gender across the different branches of law.
It focuses in particular on the cross-cutting nature of the concept of gender in legal studies, recognizing that fundamental rights—to which it is closely linked—must now be considered not only from a vertical perspective (that is, the relationship between individuals and public authorities) but also from a horizontal perspective (that is, the relationships between individuals themselves).
Non-exhaustively, here are some of the many questions that the course “Droit, genre et société” seeks to address:
The course is divided into several broad themes.
Each theme is introduced through a concrete issue and shows how the law provides a response to it. The course examines how the law takes into account national, European, and international legal frameworks when addressing gender-related challenges.
Through these themes, the course covers, on the one hand, formal legal sources (national, European, and international) and key principles (equality, non-discrimination, etc.) relating to gender issues, and on the other hand, the crucial actors involved in addressing gender questions (such as institutes focusing on gender issues, for instance, the Institute for the Equality of Women and Men).
The main themes analyzed are as follows:
Introduction. Defining the concept of gender in law
Chapter 1. Trans and intersex persons
Chapter 2. Sexual orientation and gender
Chapter 3. Gender-based violence
Chapter 4. Feminism and law
Chapter 5. Reproductive rights and gender
Chapter 6. Work, business, public service, and gender
Chapter 7. Religions, law, and gender
There are no practical exercises associated with this course.
The course is taught exclusively in French.
The course is both lecture-based and interactive. Students are strongly encouraged to participate actively in the course. This is all the more so as the course tends to address current societal issues around the theme of law and gender.
During the lecture, theory is explained on the basis of concrete cases, giving priority to current events and official documentation.
The recommended approach is descriptive, technical and critical.
Assessment takes the form of a written examination for each session.
In particular, the examination aims to assess
The student's ability to define the basic concepts, to specify their constituent elements and to reason on the basis of them (which presupposes that they have been rigorously assimilated);
An understanding of the subject as a whole (i.e. from the problem that the law seeks to solve to the solution it proposes);
The student's ability to use the code and to reason in legal terms in order to analyse a question posed on the basis of gender-related issues in society (in particular on the basis of case law seen and not seen in the course);
The ability to study the concepts covered in the course with a view to solving a simple practical legal case on the basis of the principles analysed in the course.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Master en droit à finalité spécialisée (horaire décalé) | Standard | 0 | 5 | |
| Bachelor in Law | Standard | 0 | 5 | |
| Advanced Master in Gender Studies | Standard | 0 | 5 | |
| Advanced Master in Political Philosophy and Theory | Standard | 0 | 5 | |
| Advanced Master in Gender Studies | Standard | 1 | 5 | |
| Advanced Master in Political Philosophy and Theory | Standard | 1 | 5 | |
| Master en droit à finalité spécialisée (horaire décalé) | Standard | 1 | 5 | |
| Master en droit à finalité spécialisée (horaire décalé) | Standard | 2 | 5 | |
| Bachelor in Law | Standard | 3 | 5 |