Syllabus
In case distance learning is required by government, we will hold our lessons via Zoom. Sean Davidson Course Objectives:
1) to analyse how free religion rights are interpreted by the ECtHR;
2) to consider issues concerning margin of appreciation and subsidiarity in light of the Convention;
3) to provide useful context to compare and assess various approaches to reasoning free religion cases, in both ECtHR dissenting opinions and decisions from various jurisdictions;
4) to develop skills of reasoning and critical analysis, especially through arguing and deciding cases in moot court exercises. Course Requirements: Obtain at least 55/100 assessment points (see below) Final Marks: (A-E, Erasmus students) A: 91-100 B: 82-90 C: 73-81 D: 64-72 E: 55-63 (1-3, regular curriculum students) 1: 89-100 2: 75-88 3: 55-74 Final Mark Assessment: · Moot Court assignment: 50% Final Exam: 50% Course Program: Week 1: course introduction · European Court of Human Rights · Margin of appreciation · Balancing free expression and religion Week 2: Balance between freedom of expression and respect for religious beliefs · E.S. v. Austria (calling Muhammad a paedophile) · Sekmadienis Ltd. v. Lithuania (religious symbols in advertising) · Otto Preminger Institut v. Austria (offensive film) Week 3: Wearing religious symbols in public places · S.A.S. v. France (French face concealment ban) Week 4: Teachers wearing religious symbols in schools · Dahlab v. Switzerland (primary school teacher wearing headscarf) · Kurtulumus v. Turkey (university teacher wearing headscarf) · German Constitutional Court case BvR 471/10 (ban on state school teachers wearing headscarves) Week 5: discussion on covid restrictions and vaccination mandates - consider Vavricka v. Czech Republic Week 6: ungraded Moot Court activity on hypothetical case Week 7: Rights of parents in schools, including exemptions · Lautsi v. Italy (crucifix in classrooms) · Osmanoglu and Kocabas v. Switzerland (exemption from mixed gender swimming lessons) Week 8:Additional cases concerning rights of parents and children · Folgero and Others v. Norway (exemption from religious instruction) · male circumcision case in Germany Week 9: graded Moot Court exercise Week 10: Religion at work, and requirements for citizenship · religion and the workplace (Eweida and Others v. UK, Ebrahimian v. France) · citizenship handshake case
Annotation
This course focuses on analysing decisions of the European Court of Human Rights in various cases involving the limits of free religion and free expression rights especially of Muslims. In particular the free religion rights of Muslims are the focus of much attention and high court adjudication in the last two decades. Therefore many of the cases studied in this course are quite recent, including the 2014 decision concerning the French veil law (S.A.S. v. France).
The cases analysed in this course arise in various contexts, from school to workplace to general public life. In this course, students are encouraged to critically analyse the reasoning of the ECtHR, including the proportionality test and its implications. In addition, students will compare decisions reached by the ECtHR with decisions by American high courts to gain better understanding of different legal approaches.
The course is interactive and in-class Moot Court exercises are used for applying the law to fresh cases and hypothetical scenarios. There is a marked in-class Moot Court assignment in which students are divided into either lawyers or judges and the case is heard and decided.