MODULE 5 – INFORMATIONS BIBLIOGRAPHIQUES SUR LES LECTURES OBLIGATOIRES
PROF. FERNANDO AMÉRIGO
1) Première série de lectures obligatoires:
a) Van Trigt, Eveline. “The Islamic veil, secularism and freedom of religion.” Peace Palace Library. Thursday, July 15, 2010 (accessed August 26, 2014).
b) Nussbaum, Martha. “Veiled Threats?” The New York Times. Opinion Pages. Opinionator: The Stone. July 11, 2010 (accessed August 26, 2014).
c) Kazi, Tehmina. “Inconsistency in enforcing laws just breeds resentment.” The Independent. Independent Voices. Comment. Saturday 17 July, 2010 (accessed August 26, 2014).
Here we propose three readings from the Internet. The first one, “The Islamic veil, secularism and freedom of religion”, posted by the blogger Eveline Van Trigt, shows a general survey on the problems raised by the ban of the public use of the Islamic veil. It describes the different arguments employed in support of the ban and the actions undertaken by several countries. It allows the student to deal with the topic and see the way the question is set out. The other two articles, that also can be accessed on-line, are opinion pieces published in two international newspapers by two different authors: Martha Nussbaum and Tehmina Kazi. Their reading permits the student to get acquainted with some elements of the controversy on the ban of the public use of the Islamic veil and face the different arguments for and against the ban. This will make the student able to delve into the topic, if consulted together with the professor´s lectures. In total, the student will read about six pages.
2) Deuxième série de lectures obligatoires
a) “The islamic veil across Europe.” BBC News: Europe. July 1, 2014 (accessed August 26, 2014).
b) Resolution 1743 (2010) on Islam, Islamism and Islamophobia in Europe. Council of Europe Parliamentary Assembly. Assembly debate on 23 June 2010 (23rd Sitting).
c) Recommendation 1927 (2010) referring to the Resolution 1743 (2010) on Islam, Islamism and Islamophobia in Europe. Council of Europe Parliamentary Assembly. Assembly debate on 23 June 2010 (23rd Sitting).
This second set of readings focuses on the European domain, that is the geographic domain of the subject of study. The first of them is an article from the BBC News online, where one can find a concise description of the way how different European countries have dealt with the question of the Islamic veil. This will provide the student with a general overview of the European management of the matter. The other two readings are a Resolution and a Recommendation made by the Council of Europe Parliamentary Assembly on Islam, Islamism and Islamophobia in Europe, among other questions. It deals with the proposals from the Council of Europe, through which the student will be able to verify to what extent the principles mentioned are being or have been implemented and potential solutions defended. In total, these three readings are about nine pages.
INFORMATIONS BIBLIOGRAPHIQUE SUR LES LECTURES FACULTATIVES
1) “CASE OF S.A.S. v. FRANCE.” (Application no. 43835/11) European Court of Human Rights, sitting as a Grand Chamber. Judgment adopted on 1 July 2014 (pdf accessible on-line, accessed August 26, 2014).
Here we deal with a juridical text that solves the application no. 43835/11 to the European Court of Human Rights lodged against the French Government, whose Law no. 2010-1192 of 11 October 2010 introduced a ban on wearing clothing designed to conceal one´s face in public spaces. It is a more specialized text that lets the student know how this question has been solved in a specific juridical domain. In this text the student can follow the lines of argument of both parties (the court and the government), as well as the balance and reasoning made by the court in order to adopt a judgement. Besides, it contains the opinion of two judges partly dissenting from the opinion of the majority of judges. This much longer reading permits the student to study in depth the question that represents the subject of the module. Although it shows some technical difficulties, due to the juridical language and its longer length, it has been chosen due to the interest arguments presented. This suggested reading has a length of about thirty five pages. Its reading is voluntary.
2) Amérigo, Fernando, and José Daniel Pelayo. El uso de símbolos religiosos en el espacio público en el Estado laico español. Madrid: Fundación Alternativas, 2013 (pdf accessible on-line, accessed August 26, 2014).
This text in Spanish analyses the general question of religious symbols in the public space. Although some references are made to diverse models of several European countries, the study focuses on the domain of the Spanish Law. The text has an absolutely voluntary character, and aims to familiarize the student with general problems about religious symbols, beyond the Islamic veil.
3) Amérigo, Fernando. “El uso del velo islámico en el Derecho español.” Laicidad y Libertades. Escritos Jurídicos 13 (2013): 7-34.
This text in Spanish focuses on the juridical analysis of the regulation of the use of the Islamic veil in Spanish Law. The student can observe the state of the question in a specific country, as well as the legislative and judicial solutions that have been implemented. This permits him/her to get to know the answer given by a particular state in-depth. Its reading is voluntary.