Ateneo - UPO

Starting with a preliminary definition of the concepts of religion, interculturalism and migration, the course offers a legal and interdisciplinary analysis of the relationship between law, culture, religion and migration in relation to a number of fundamental questions: which disciplines deal with this relationship (theology, law, semiotics, sociology, anthropology, religious studies)? What are the legal categories used to define the phenomenon of religion and migration (religious freedom, religious minorities, international protection, the human rights of migrants, the human rights of LGBTQI+ people, gender equality)? What are the migration phenomena linked to religion? To what extent do religions form part of human rights culture? In what ways do legal practices shape reality through the application of the law? From both a synchronic and diachronic perspective, how is the role of religious cultures defined in the origins and progressive development of the right to religious freedom? Building on an interdisciplinary framework, the course explores three main themes: 1. The influence of religions, both as a matter of faith and as an anthropological and cultural phenomenon, on the formulation, interpretation and application of human rights. In this first module, we will analyse the intersections between religion and human rights, highlighting both the impact that the gradual development of a culture of universal rights has had on religious phenomena and the role that religious legal cultures play in safeguarding rights relating to gender and sexual orientation.2. The link between religion and migration, with regard to religious and intersectional refugee status, through a clinical-legal approach. This second module will focus on the study, research, selection and assessment of a case currently pending before Section XI of the Court of Genoa, with specific regard to the grounds of religion and membership of a particular social group, and, in particular, to information concerning the countries of origin of applicants for international protection, with particular emphasis on the selection and updating of sources, accompanied by bibliographical references. Specifically, the activities will consist of lectures designed to prepare students for their participation in a hearing at the Court of Genoa, a hearing scheduled as part of an appeal against a refusal of international protection on religious grounds. The clinical-legal module requires students to assist in drafting documents relevant to the case file.3. The protection of the rights of religious minorities – both traditional and those from migrant backgrounds. In this third module, we will examine in depth, from both a synchronic and diachronic perspective, the legal status of religious minorities under international and European law. In particular, we will highlight the developments in the legal definition of a religious minority from the post-war period to the present day, as the concept has shifted from historical religious minorities to intersectional, multiple or migrant religious minorities.The origins, structure and delivery of the course reflect the lecturer’s collaboration with:1. The CNRS-EPHE Joint Research Unit Groupe Sociétés, Religions, Laïcités in Paris, which has carried out world-class research into the role of various social actors in relation to the social and institutional representation of religion; 2. Dr Andrea Perelli, a magistrate of the 11th Civil Division of the Court of Genoa, pursuant to the cooperation agreement signed between the Court of Genoa and the Department of Law and Political, Economic and Social Sciences at the University of Eastern Piedmont “Amedeo Avogadro”. 3. The CNRS-University of Strasbourg Joint Research Unit Droit, religion, entreprise et société (DRES), which is one of the leading centres in France and Europe for studies on law and religion;

Participants will be provided with theoretical and case-law material on the individual topics covered during the course, which will be uploaded progressively for each lesson onto the DIR platform. Recommended reading: a) D. Ferrari, Il concetto di minoranza religiosa dal diritto internazionale al diritto europeo. Genesi, sviluppo e circolazione, Bologna, Il Mulino, 2019 (one chapter of your choice); b) D. Ferrari (ed.), Genere e orientamento sessuale nel prisma delle religioni, del diritto e delle culture, Annali di studi religiosi, 22, 2021, pp. 162–203 (one article of your choice); c) D. Ferrari and F. Mugnaini (eds.), L’Europa come rifugio? Lo status di rifugiato tra diritto e società, Siena, Betti Editore, 2019 (one chapter of your choice); As an alternative to the texts listed above, students may prepare for the examination using the following French-language text, which is available via open access: D. Ferrari, Religion et migration. La construction juridique de la catégorie de réfugié religieux, Louvain, Presses universitaires de Louvain, 2023, pp. 1–122.

a) To define, in legal and interdisciplinary terms, the concepts of religion, interculturalism and migration, and their various forms of cultural, linguistic and institutional interrelation; b) Analyse some of the ongoing debates concerning the different legal cultures underpinning the right to religious freedom (universalist approach; Afrocentric approach; post-colonial approach; neo-colonial approach; selective approach; inclusive approach); c) To highlight the legal implications of migration and different religious cultures on the right to freedom of religion; d) To re-examine the concepts of migration and human rights culture at the intersection of religion, gender, gender identity and sexual orientation; e) To explore the protection of the right to religious freedom in the context of migration and international protection; f) To examine the concept of religious diversity arising from migration within the context of religious minorities in Europe; g) To promote a clinical approach to law in relation to human rights, immigration and international protection.

Knowledge of European ecclesiastical law and constitutional law is recommended.

Through lectures, classroom exercises and a clinical-legal module, the course will offer a clinical, realistic and intersectional methodological approach to law. The realist methodology, inspired by Giovanni Tarello’s reflections on legal realism, will be developed through the participation in the course – either in person or via Google Meet – of magistrates and officials from the Commissions and Regional Sections responsible for granting international protection, as well as lawyers and legal practitioners in general. In particular, the collaboration with the Court of Genoa, represented by Judge Dr Andrea Perelli, will enable students to engage with a real-life case of international protection on religious grounds, learn about the procedure for handling the appeal, gain a deeper understanding of the application of international protection, attend a hearing, and work alongside the judge, with a view to students contributing to the drafting of documents relevant to the case file.The intersectional approach, on the other hand, will be introduced with specific references to the work of Kimberlé Crenshaw and Judith Butler, and then applied to specific topics such as: the relationship between religious cultures, law and gender in the process of codifying human rights; the link between religions, persecution, gender and sexual orientation; and the impact of migration on the rights of women and LGBTQIA+ people belonging to religious minorities. Students taking part in international mobility schemes (Free Movers) will have the opportunity to have the credits awarded for passing the course examination recognised as credits earned through international mobility, with the addition of 2 extra-curricular CFU to reflect the greater commitment required.

The course material will be made available in advance of the lessons via the DIR platform so that, in class, we can engage in a dialogue-based discussion of the legal cases under consideration or the documents relating to each lesson. The course will be supported by multimedia resources (DVDs, YouTube, etc.). Students with disabilities, Specific Learning Difficulties (SLD) or Special Educational Needs (SEN) may request specific services and resources designed for them by contacting the Career Development and Coordination and Student Services Team and consulting the relevant page on the University website: https://uniupo.it/it/servizi/servizi-studentidisabili-e-dsa. Students with disabilities, specific learning difficulties (SLD) or special educational needs (SEN) may, once they have made contact with the University staff, contact the lecturer responsible for the course to discuss the arrangements for the examination and any teaching-related matters.
Students enrolled on the Master's degree programme in Political Science and Public Administration will have an additional 16 hours of teaching, which will take place in two-hour sessions on Thursday afternoons.

Assessment will take place both during the course – through active participation, the clinical-legal work carried out at the Court of Genoa and the completion of a legal document – and as part of an oral examination.

Module I. The Influence of Religions on Legal Cultures
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 phenomenon of faith and as an anthropological and cultural phenomenon – on the formulation, interpretation and application of human rights (Religious cultures in the codification of universal rights and in the formulation 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 right to religious freedom; Conflicts and alliances: freedom of sexual orientation and religious freedom; The case of culturally motivated offences; the reception of religious rights within secular rights: repudiation, kafala, polygamy);
Module II. The link between religion and migration,
Lessons 6-7-8 (12 hours). Religious refugee status: a clinical approach (religions as a cause of human mobility; the legal framework: international and European sources; religious credibility and a well-founded fear of persecution; religious conversion and persecution; analysis of the case law of the Court of Justice of the European Union and the European Court of Human Rights; the personal appearance of the applicant for international protection);
Module III. Religious diversity and the protection of minority rights
Lessons 09-10-11 (12 hours). The protection of the rights of traditional and migrant religious minorities (The historical origins of the concept of religious minorities: the evolution of the link between religion and nation; The development of the rights of religious minorities in United Nations documents; Developments in the concept of religious minorities: from migrant minorities to sexual and gender minorities).
Mainstreaming the gender dimension: all topics covered in depth as part of the course will also be addressed from a gender perspective. From this perspective, gender studies – with specific reference to the work of Kimberlé Crenshaw and Judith Butler – will be integrated into the teaching methodology from the very first lessons, and will then be applied to specific topics such as: the link between gender roles and religion in migration; intersectional discrimination and persecution against women and LGBTQIA+ people; the relationship between religious and secular rights with regard to the regulation of sexuality in countries of origin and host countries, with specific reference to marriage and the concept of the family.

1) Outcomes in terms of technical and legal knowledge: knowledge of sources of law; knowledge of the legal principles relating to the topics covered; knowledge of the functioning of institutions under domestic and international law; 2) Outcomes in terms of civic education: the development of a more critical social awareness regarding issues of religious diversity, gender equality, the fight against discrimination and respect for human rights; 3) Outcomes in terms of transferable skills: the ability to present ideas in the classroom, command of legal language, the ability to resolve legal issues, and the ability to apply the law to specific cases; 4) Outcomes in terms of aligning university degree programmes with the legal professions.