Ateneo - UPO

The seminar, starting from a preliminary definition of the concepts of religion, interculturality and migration, moves from a legal and interdisciplinary mapping of the relationship between law, culture, religion and migration in relation to some fundamental questions: which are the social sciences interested by this relationship (theology, law, semiotics, sociology, anthropology, religious studies)? Which are legal categories for defining the religious and migration (religious freedom, religious minority, international protection, human rights of migrants, human rights of LGBTQIA+ people, gender equality)? Religions are in the culture of human rights or not? From a synchronic and diachronic perspective, how is the role of religious cultures in the genesis and progressive development of religious freedom? What are religious alliances and conflicts produced by migration in European and international jurisprudence? Which is the impact of migration on the religious freedom of women and LGBTQIA+ people? Starting from an interdisciplinary mapping, the course develops three main topics: 1. The impact of religions, both as a faith phenomenon and as an anthropological and cultural phenomenon, in the draft, interpretation and application of human rights; 2. The link between religions and migrations regarding the religious and intersectional refugee status; 3. The protection of the rights of old and new religious minorities. The genesis, structure and development of the course reflect the teacher's collaboration with the research unit Groupe Sociétés, Religions, Laïcités, CNRS-EPHE, of Paris and with the research unit Droit, religion, entreprise et société (DRES), CNRS-University of Strasbourg, which represents one of the academic references in France and Europe for law and religion studies. The methodology adopted, based on the constant verification of the preliminary research questions through their application to the various topics, as well as the comparison with some research projects conducted by the teacher, will allow the progressive construction of the concepts of culture, religion and migrations and this also in relation to the tensions between these elements.

Doctrinal and jurisprudential material will be provided to participants on the individual topics addressed during classes and progressively inserted for each lesson on the DIR platform.
Recommended texts:
a) D. Ferrari, Il concetto di minoranza religiosa dal diritto internazionale al diritto europeo. Genesi, sviluppo e circolazione, Bologna, Il Mulino, 2019 (un capitolo a scelta);
b) D. Ferrari (a cura di), Genere e orientamento sessuale nel prisma delle religioni, del diritto e delle culture, Annali di studi religiosi, 22, 2021, p. 162-203 (un contributo a scelta);
c) D. Ferrari – F. Mugnaini (a cura di), L’Europa come rifugio? Lo status di rifugiato tra diritto e società, Siena, Betti Editore, 2019 (un capitolo a scelta);
As an alternative to the prerequisite texts, the exam can be prepared on the following text in French available in open access:
D. Ferrari, Religion et migration. La construction juridique de la catégorie de réfugié religieux, Louvain, Presses universitaires de Louvain, 2023, p. 1-122.

a) Define in legal and interdisciplinary terms the concepts of religion, interculturality and migration and their different forms of cultural, linguistic and institutional intersection;
b) Analyze some of the ongoing debates regarding the different legal cultures underlying the right to religious freedom (universalistic approach; Afrocentric approach; post-colonial approach; neo-colonial approach; selective approach; inclusive approach);
c) Highlight the legal effects of migration and different religious cultures on the right to religious freedom;
d) Reconstruct the concepts of migration and human rights culture at the intersection of religion, gender, gender identity and sexual orientation;
e) Deepen the protection of the right to religious freedom in the prism of migration and international protection;
f) Examine the concept of religious diversity induced by migration in the panorama of religious minorities in Europe;

Knowledge of European ecclesiastical law and constitutional law is recommended.

Through lectures and classroom exercises , a realistic and intersectional methodological approach to law will be proposed.
The realistic methodology, inspired by Giovanni Tarello's reflection on legal realism, will be developed thanks to the participation in classes of magistrates, members of the Commissions and territorial Sections for the recognition of international protection, lawyers and practitioners of law in general.
The intersectional methodology, however, will be introduced with specific references to the reflexion of Kimberlé Crenshaw and Judith Butler, and then applied in substance to specific themes such as: the relationship between religious cultures, law and gender in the process of codification of human rights; the link between religions, persecution, gender and sexual orientation; the impact of migration on the rights of women and LGBTQIA+ people belonging to religious minorities.
Students who participate in international mobility projects (Free Mover) will have the possibility of acquiring credits following passing the teaching exam as credits obtained in international mobility, with the addition of 2 CFU extra-curricular due to the greater commitment required.

The seminar material will be sent before lessons via the DIR platform so that in the classroom the jurisprudential cases examined or the documents relating to the individual lessons can be discussed in a dialogic form. The course will be supported by multimedia tools (DVD, Youtube,).
Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

The assessment will take place during the course through active participation, a procedural simulation and the discussion of a final paper.

Lessons 1-2 (8 hours). Religion, culture and migration: an interdisciplinary perspective.
Lessons 3-4-5 (12 hours). The influence of religions, both as a fideistic phenomenon and as an anthropological and cultural phenomenon, in the draft, interpretation and application of human rights (Religious cultures in the codification of universal rights and in the draft of European Union law; The role of religious actors in the interpretation of human rights; The performativity of religious actors in the application of the religious freedom; Conflicts and alliances: freedom of sexual orientation and religious freedom; The case of culturally oriented crimes: practical training);
7-8-9 (12 hours). The religious and intersectional refugee status (Religions as a cause of human mobility; The legal framework of reference: international and European sources; Religious credibility and the well-founded fear of persecution; Religious conversion and persecution; Analysis of the jurisprudence of the Court of Justice and of the European Court of Human Rights; the shifting border between religious refugees and climate migrants; The intersections among gender, sexual orientation and religion in the refugee status: the results of the “RIFUROS” research project
Lessons 10-11-12 (12 hours). The protection of the rights of new and old religious minorities (The historical genesis of the concept of religious minority: the evolution of the link between religion and nation; The development of the rights of religious minorities in the sources of the United Nations; The evolution of the concept of religious minority: from minorities spring from migration to sexual and gender minorities).
Integration of the gender dimension
All the topics will be explored also in gender perspective. From this point of view, gender studies, with specific references to the reflexion of Kimberlé Crenshaw and Judith Butler, will be integrated into the teaching methodology starting from the first lessons, to then be applied to specific issues such as: the bond between gender roles and religions in migratory phenomena; the intersectional discrimination and persecution against women and LGBTQIA+ people; the relationship between religious law and secular law concerning the regulation of sexuality between countries of origin and countries of welcoming, with specific references to marriage and the concept of family.

Expected learning outcomes: 1) Results in terms of technical-legal knowledge: knowledge of sources of law; knowledge of the legal principles relating to the topics; knowledge of the institutions on national and and international level. 2) Results in terms of civic education: maturation of a more critical social conscience on the issues of religious diversity, gender equality, the contrast to discrimination and the respect for human rights 3) Results in terms of transversal skills: development of dialectical ability in the classroom , fortification of legal language, ability to solve concrete cases.