Aims
At the end of the course, the students should be able :
- to perceive and understand how the belgian law (civil as well as penal law) and the international law consider the current events about sexuality and procreation
- to know the direct and indirect juridical implications and consequences of the various kinds of behaviours in the field of sexuality and procreation
- to have a critical look on the belgian law by perceiving its strong points but also its deficiencies
Main themes
The course includes first an initiation to the juridical notion of person, to the status of the human body and to the right to dispose of oneself.
The following subjects are then tackled, from a juridical point of view :
- the sexuality : violations and sexual abuses, transexualism, homosexuality, sexually transmitted diseases and Aids
- the procreation:
- the non-desire of child : birth control, sterilisation, abortion
- lthe desire of child : status of the embryo, medically assisted procreation.
The content of the course could change according to the current events.
Content and teaching methods
Content
This course tackles the main questions about sexuality and procreation, appearing in the current events from the point of view of international law, of comparative law, of criminal and sanitary law and of civil law.
An important introduction recalls the principles shared by the various subjects tackled and the juridical principles related to the notion of person and to the status of the human body.
In the first part, the themes more specially related to sexuality are tackled. The examination of the sexual infractions presupposes the report of the general principles of the criminal law and also includes a field approach (through lectures by practitioners). It will then be analysed in which way the belgian and international law consider the current events concerning the sexuality, including a comparative and prospective approach.
In the second part, it will be proceeded in the same way for the matters more specifically related to procreation, with two sub-titles: non-desire and desire of child.
Method
Lectures with important interactivity. The students are invited to react, to report their possible personal experiences on the subject, to question the relevance of the principles drawn... The structure of each course and the law texts used are presented on transparents.
Other information (prerequisite, evaluation (assessment methods), course materials recommended readings, ...)
This course is a complement to the course Juridical aspects of the familial relations (SEX2330). It provides a wider analysis beyond the belgian law, approaching new subjects.
The students can choose between the execution of a work or an oral examination. The written work (15 to 20 pages), consists in the detailed juridical analysis of a question in the field of the course, including a bi-disciplinary approach (to confront for example law and ethics, law and psychology). This work is the object of an interview (15 min) with the teacher during the examination session. The oral examination consists first in a question the students have to give a written answer allowing the control of the knowledge of the matter (with time of preparation) and then a report of 10 min on a question of the course personally analysed in detail, followed by a discussion with the teacher.
Support : a syllabus with the taught principles, doctrine papers, referecnes of papers and copy of the transparents used. A compendium gives the law texts necessary for the course; the students may use it during the examination.
Other credits in programs
CRIM22MS
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Deuxième année du master en criminologie, à finalité spécialisée
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(3.5 credits)
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SEX22
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Deuxième licence en sciences de la famille et de la sexualité
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(3.5 credits)
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Mandatory
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