Overview

The course deals with the main contemporary issues on fundamental rights in complex, pluralistic and multicultural societies, taking into consideration how the states’ legal mechanisms (legislation and jurisprudence) deal with problems arising from conflicts of religious affinity and faith, race, gender, security needs, etc.

Professors and teaching method

Prof. Andrea Buratti (University of Rome “Tor Vergata”) will teach the first part of the course, focusing on the Western tradition of fundamental rights within the pattern of constitutional liberal-democracy and the state’s legally regulated protection of constitutional rights.

Prof. Massimo Papa will teach the second part of the course, based on case-law precedents, considering a selection of landmark decisions in the jurisprudence of states and supranational courts, the judgments will be analyzed from the perspective of their cultural, religious, ethnic implications.

The students will be required to prepare for the lectures through readings assigned well in advance by professors. Readings will include essays, chapters of textbooks, as well as normative texts and Judgments by the main constitutional and international Courts. Presentations by the students may be called for.

Syllabus

• Theoretical roots of fundamental rights in the Western World: from the Age of Revolution to the contemporary liberal-democracies.
• Fundamental rights and the constitution: a generational classification.
• Constitutions in the contemporary age and the protection of fundamental rights in pluralistic societies: constitutional review of legislation and other main remedies under national laws.
• Supranational protection of fundamental rights in the European legal space: courts and catalogues of rights (the European Convention of the protection of human rights and the Charter of the Fundamental Rights of the European Union).
• Islam and Muslims in the European legal framework. One Europe, different approaches.
• Religious freedom: dress codes; food; symbols; blasphemy and apostasy; 
• Islamic Personal Status laws and their impact on European legal systems.
• Religious creeds, proselytism, traditions and radicalization. Individual rights and collective security.  

Timetable

Evaluation

Grades breakdown:

a) Attendance, in-class participation, interaction: 20%
b) Mid-term (written) exam (covering §§ 1-4): 40%
c) Final written exam (covering §§ 5-8): 40%

Reading

A collection of legal texts, essays and jurisprudence will be provided by the professors and will be available on-line before the beginning of the classes.