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 religious factors? In what ways do religions form part of human rights culture? From a synchronic and diachronic perspective, how is the role of religious cultures defined in the genesis and progressive development of the right to religious freedom? What are the religious alliances and conflicts generated by migration and highlighted in European and international case law? What is the impact of migration on the religious freedom of women and LGBTQIA+ people? In what ways do legal practices crystallise reality in the application of the law? Building on an interdisciplinary framework, the course offers an in-depth exploration of a number of specific themes within a programme structured around seven key concepts, namely: discrimination (religious discrimination in employment); secularism (different national models of secularism); intersectionality (the development of legal cultures based on an intersectional approach); secularism (plural forms of secularism and legal culture: a comparison between France and Italy); sexual orientation (the construction of sexuality within the human rights framework); polygamy (the tension between monogamy and polygamy in the interplay between Italian law and religious rights); religion (the deconstruction of religion in the right to religious freedom); migration (law and human mobility).
The origins, structure and delivery of the course reflect the lecturer’s collaboration with: the Groupe Sociétés, Religions, Laïcités joint research unit (CNRS-EPHE) 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; the Joint Research Unit ‘Droit, religion, entreprise et société’ (DRES), CNRS–University of Strasbourg, which is one of the leading centres in France and Europe for studies on law and religion. The methodology adopted, based on the ongoing assessment of preliminary research questions through their application to the various topics under investigation, as well as a comparison with a number of research projects carried out by the organisations with which the lecturer collaborates, will enable the gradual development of the concepts of gender, LGBTQIA+, gender order, heteronormativity, and the legal treatment of LGBTQIA+ people; this will also be explored in relation to the tensions that, from both a synchronic and diachronic perspective, have emerged in the dialectic between these elements.

Course materials and case law will be provided to participants on the individual topics covered during the course and will be uploaded progressively for each lecture onto the DIR platform. For non-attending students: Ilenia Ruggiu, Il giudice antropologo. Costituzione e tecniche di composizione dei conflitti multiculturali, Franco Angeli, Milan, 2019. For attending students, the material for the examination will be specified during the course.

a) Define, in legal and interdisciplinary terms, the key terms corresponding to the various topics to be explored; b) Analyse some of the ongoing debates concerning the different legal cultures underpinning the right to religious freedom and the human rights system (universalist approach; Afrocentric approach; post-colonial approach; neo-colonial approach; selective approach; inclusive approach); c) Highlight the effects of security-oriented legal policies on migration; d) Reconstruct the concepts of migration and human rights culture at the intersection of religion, gender, gender identity and sexual orientation; e) Explore the protection of the right to religious freedom, in relation to its impact on the concept of religion; f) Examine the religious diversity brought about by migration within the context of religious minorities in Europe; g) Promote a practical and realistic approach to law.

No

Through lectures and classroom exercises, the course will present a realistic and intersectional methodological approach to law. The realistic methodology, inspired by Giovanni Tarello’s reflections on legal realism, will be developed through a practical approach to law based on the analysis of court judgements. The intersectional methodology, 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 upon 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.

Course materials will be made available in advance of the lessons via the DIR platform so that, in class, there can be a dialogue-based discussion of the legal cases under consideration or the documents relating to individual lessons. 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 by contacting the Career Development and Coordination and Student Services Team and consulting the dedicated page on the University website: https://uniupo.it/it/servizi/servizi-studentidisabili-e-dsa. Students with disabilities, SLDs or SEN, once they have made contact with the University staff, may contact the course lecturer regarding the arrangements for the examination and any teaching-related matters.

Assessment will take place throughout the course, through active participation and as part of an oral examination.

Lesson 1 (4 hours). Religion, culture and migration: an interdisciplinary perspective.
Lesson 2 (4 hours). Discrimination: religious discrimination in employment relationships.
Lesson 3 (4 hours). Intersectionality: the development of legal cultures based on an intersectional approach.
Lesson 4 (4 hours). Secularism: plural forms of secularism and legal culture: a comparison between France and Italy.
Lesson 5 (4 hours). Sexual orientation: the construction of sexuality within the human rights framework.
Lesson 6 (4 hours). Polygamy: the tension between monogamy and polygamy in the interplay between Italian law and religious rights.
Lesson 7 (4 hours). Religion: the deconstruction of religion in the right to religious freedom.
Lesson 8 (2 hours). Migration: law and human mobility.

Expected learning outcomes: 1) Outcomes relating to 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 relating to 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 relating to 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 legal provisions to specific cases.