Religions, law and societies in Europe

Teacher(s)

Christians Louis-Léon;

Language

French

Main themes

The legal status of religious diversity in Europe. The relationship between religious laws and state laws. The variety and comparison between State regulation of Religions in Europe. Ways to prevent and resolve religious conflicts, both in terms of private ethical questions and of public policy. An interdisciplinary approach through law, political philosophy, theology and sociology of european religious diversity.

Aims

At the end of this learning unit, the student is able to :
1	put into perspective the evolution of the modes of State regulation of religions in modern societies.

Content

The course consists of two parts: the first sets out the main conceptual evolutions in European Law addressing religious issues and disputes, belief, conscience, both  personal or collective. The second part goes into detail on chosen issues by the students themselves. One or two foreign guests also are invited about some topical issue.
Part 1 - major paradigms of the current European models and evolution : Church-State relations - human rights - minority rights - 'participative democracy' - right to confidentiality of convictions - 'non-discrimination'  -freedom of worship - freedom of expression -conscientious objections - civil disobedience -  'politics and religion' - recognition - identity - Macro European legal systems: European Union and Council of Europe - Comparative law between State models : Belgium, France, Italy
Part 2 - Questions to be chosen by the students - Each topic is adressed through a legal comparative approach in Europe, with the participation of students - Religion and law: religious neutrality of the state - funding of religions in Europe - Conscientous Objection and reasonable accommodation - religion at work - Autonomy of religion and human rights (privacy, due process) - Religion and School - Religion and health care - Religion and Prison - Harmful cults - religion and family (marriage, divorce, child rearing, circumcision) - Ritual Slaughter - religious Courts and Arbitration - Religion and Health (COVID19 crisis) etc.

Teaching methods

Due to the COVID-19 crisis, the information in this section is particularly likely to change.

The course is given in the classical form ex cathedra. One or two foreign teachers are invited to present a special question. Different forms of student speeches are provided (eg debate on current issues, or small moot courts, according to their choice). Student attendance is required and participation is built into the final evaluation.
COVID: Face-to-face teaching will be encouraged wherever possible.
Hybrid modalities for online teaching are possible.

Evaluation methods

Due to the COVID-19 crisis, the information in this section is particularly likely to change.

Student assignement : Some short papers will be required on specific focuses along the semester. They will be included in the final evaluation for 30% of the final mark. According to their choice, students will be involved in two internet initiatives: the legal observatory of religions in Belgium OJUREL, and the European Network EUREL - on the comparative status of religions in Europe.
For 70% of the final mark: an open book written exam, composed of two questions from a list of questions communicated before the session. The evaluation takes into account the student's discipline of origin.

Other information

Student participation is mandatory and is part of the final evaluation.

Online resources

see the moodle website of this course

Bibliography

Cfr le cours sur moodle

• ROBBERS, G. (ed.), Etats et Eglises dans l'Union européenne, 2e Edition, Baden Baden, Nomos, 2009 : texte integral en accès libre online : http://www.uni-trier.de/index.php?id=25059&L=1#c49875
• DOE, N., Law and Religion in Europe. A comparative Introduction, Oxford University Press, Oxford, 2011
• MASSIGNON, B., RIVA, V., L'Europe, avec ou sans Dieu ?, Paris, Editions de l'Atelier, 2010, 288 pp.

Faculty or entity

CISR