In case distance learning is required by government, we will have our lessons via Zoom.

Islam in Europe – ECHR Case Law

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