Ateneo - UPO

The course will offer a critical examination of the main legal issues relating to the regulation of religion in European societies, with a specific focus on anti-discrimination law. Beginning with an introduction to the substance and methodology of ecclesiastical law, the following topics will be analysed:1.     The historical origins and institutional framework of the sources of European ecclesiastical law: international sources, national sources, European sources;2.     The religious factor in anti-discrimination law: an analysis of Italian and European case law;3.     The link between religion, persecution and migration. The link between religions and migration, in particular, will be explored in depth with regard to the status of religious and intersectional refugees, within a specific clinical-legal module. This third 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, 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, which has been scheduled as part of an appeal against a refusal of international protection on religious grounds. The legal clinic module requires students to assist in drafting documents relating to the case file.4.     The challenges of the legal regulation of the religious phenomenon with regard to gender issues and the sexual and emotional dimensions.

ATTENDING STUDENTS (those who attend at least two-thirds of the course in person are considered as such): Theoretical and case-law materials provided to participants on the individual topics covered during the course and progressively uploaded to the DIR platform. NON-ATTENDING STUDENTS: Pierluigi Consorti, Diritto e religione. Basi e prospettive, Editore-Laterza, 2023, pp. 408.

An understanding of the main issues facing multi-religious societies, with a view to: 1. To educate the younger generations in the principles of responsible citizenship (civic education); 2. To foster greater critical awareness and understanding of issues relating to racism and discrimination on the grounds of ethnicity, religion, gender or sexual orientation; 3. To provide a multi-level understanding of the relationship between law and religion, with regard to both legal sources and case law; 4. Knowledge of both national and European case law (European Court of Human Rights; Court of Justice) on religious freedom and anti-discrimination; 5. Improved ability to address the interpersonal dynamics associated with multicultural processes; 6. To provide future public administration managers with the cultural awareness needed to tackle the challenges of pluralistic societies; ); 7. To promote a clinical approach to law in the areas of human rights, non-discrimination, immigration and international protection.Overall, the course pursues two main educational objectives set out in the United Nations’ Sustainable Development Goals: Goal 5. Achieve gender equality and empower all women and girls; Goal 16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

Knowledge of constitutional law and private law is recommended. In the case of constitutional law, students are expected to be familiar with Part I of the Constitution, which deals with fundamental principles. With regard to private law, knowledge of the following concepts is essential: legal persons; contracts; property; marriage and its dissolution; and other institutions of civil law.

Through lectures, classroom exercises and a clinical-legal module, the course will offer a clinical, realistic and intersectional methodological approach to law. The course is organised into lectures, classroom exercises and participation in court proceedings at the Court of Genoa. 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 to help draft documents relating 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, gender and discrimination; 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.Students are required to attend at least two-thirds of the lectures in order to be classified as attending the course and to be eligible for the specific examination arrangements.

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 case law under consideration or the documents relating to the individual lesson blocks. The course will be supported by multimedia resources (DVDs, YouTube) and will draw on the expertise of Italian and international lecturers, either in person or via Skype. Some lessons may be delivered in French or English. 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), once they have made contact with the University staff, may contact the lecturer responsible for the course regarding the arrangements for the examination and any teaching-related matters.

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.

The course programme will be organised and structured as follows:
Module 1. The historical origins and legal framework of the sources of European ecclesiastical law: international sources, national sources, European sources (16 hours)
Lessons 1–2 (8 hours)
Introduction to the course (a. Organisation and structure of the course; b. The focus of the course: the historical origins and development of European ecclesiastical law; c. The methodology of European ecclesiastical law; d. The key players in European ecclesiastical law);
Lessons 3–4–5 (12 hours)
The sources of the legal framework governing religious matters (a. International, European and national sources; b. Unilateral and bilateral sources; c. Religious rights and secular rights; d. Human rights and religious freedom);
Module 2. The link between religion, persecution 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 3. The religious factor in anti-discrimination law: an analysis of French, Italian and European case law;
Lesson 9 (4 hours)
Religion and discrimination (a. Religious grounds in anti-discrimination law; b. Direct and indirect discrimination; c. Multiple and intersectional discrimination);
Lesson 10 (4 hours)
Religious discrimination in European case law (a. Case law of the Court of Justice; b. Case law of the European Court of Human Rights; c. Italian and French case law);

Module 4. The challenges of the legal regulation of religion
Lessons 11–12 (8 hours)
Gender and sexual orientation (a. Freedom of sexual orientation and freedom of religion; b. Gender equality within religious denominations; c. The Islamic headscarf in the workplace: an intersectional approach).
Mainstreaming the gender dimension: all topics covered in depth as part of the course will also be addressed from a gender perspective. From this point of view, gender studies – with specific references to the work of Kimberlé Crenshaw and Judith Butler – will be integrated into the teaching methodology from the very first lectures, and will then be applied to specific topics such as: religious symbols (the Islamic headscarf); the link between gender roles and religions within the framework of the right to freedom of religion; intersectional discrimination and persecution against women and LGBTQIA+ people; the relationship between religious rights and secular rights with regard to the regulation of sexuality, with specific reference to marriage and the concept of the family; theological pluralism (feminist theologies; queer theologies) through the lens of the right to freedom of religion.

Expected outcomes: 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 diversity, the fight against discrimination, respect for human rights and gender equality. 3) Outcomes relating to transferable skills: the ability to present ideas in the classroom; command of legal language; the ability to resolve legal issues; the ability to apply legal provisions to specific cases; 4) Outcomes relating to the alignment of university study programmes with the legal professions.