asignatura master 2025

The social and political evolution brought about by globalization and immigration (from countries outside Europe and between European countries) has produced a socio-cultural picture that differs greatly from the one reflecting European reality merely forty years ago. Ethnic, religious and cultural differences have created problems of coexistence and marginalization. Faced with these situations, public authorities must take the necessary measures to mitigate the effects of inequality and discrimination.

The main goals pursued by public authorities in this regard are doubtless the integration of different communities and the acknowledgement and protection of fundamental rights.  Familiarity with the EU Member States policies related to these issues, followed by the analysis of the different policy systems, including that of the EU itself, are crucial to having a proper understanding of the legal map within the EU. One of the most important challenges the EU is currently facing is integrating the different communities that make up a plural, multi-faceted European cultural reality. Theoretical knowledge and practical analysis of the above-mentioned systems of public policy are intended to aid students to approach European facts more accurately.   

It is assumed that the natural background of the students will be a Law Degree, a Political Science Degree or, more generally, a Degree in a Social Science-related area. Other Graduates are by no means excluded. Students holding a History Degree or a Degree in Journalism are a special target of this course. At any rate, any graduate truly interested in EU Human Rights issues will fit into the course.

Previous knowledge of EU Law and Human Rights sources along with familiarity with European jurisprudence (ECHR) is an excellent starting point for the student to make the most of this course. 

Although communication between students and the teaching staff will take place preferably on-line, an extra resource for tutorials and guidance will be provided by the traditional system of academic service practiced by UNED. In this regard, Professor María José Ciáurriz Labiano mjciaurriz@der.uned.es and Dr. Almudena Rodríguez Moya arodriz@der.uned.es   will be on duty on Wednesdays from 10 a.m. to 14 p.m 

Knowledge: Students are expected to acquire extensive and advanced knowledge of the EU Human Rights. Students will be able to discuss law in cultural, historic, and/or religious characteristics. Students will be able to apply case-law knowledge. Students will be able to discuss stages and statuses of ethnic and religious Identity. Students will be able to apply religion identity development theories in order to protect freedom of thought, conscience and religion. Learning will be based on the materials referred to or provided by the teaching staff. If required, academic guidance will be available on-line. In this regard, the teaching staff is committed to providing guidance that is tailored to the specific needs of individual students.

Skills: Students are expected to develop their ability to find their way through the complex EU Human Rights framework.  One of the crucial skills to be honed by students is the selection, usage and management of documentary sources, jurisprudence and doctrinal materials.

Attitudes: A good disposition towards autonomous work is essential to maximize the results of the course. This combination of knowledge, skills and attitudes will prepare students for the task of understanding the protection of Freedom of conscience, thought and religion in a multicultural Europe. 

Teaching and learning are to take place through well-tested methods of distance education as understood in open universities. Learning materials will be referred or provided by the teaching staff through on-line channels. Acquisition of knowledge will take place through: 1) Reading the basic learning materials; 2) Research, guided by the teaching staff through on-line tutorials and 3) Use of information in situations and cases presented by the teaching staff. 

In order to have updated the basic bibliography, it will be given at the beginning of the academic year. 

European Threat to Religious Freedom: A Response to the European Union's Proposed Employment Directive, The Christian Institute, June 2000.

Ciáurriz Labiano, M.J., Tratamientos del fundamentalismo islámico por parte del Consejo de Europa, en Violencia e islam: la violencia en y contra el islam en el derecho internacional / coord. por Agustín Motilla de la Calle, 2010, págs. 131-162

Ciáurriz Labiano, M.J., Laicidad y ley sobre los símbolos religiosos en Francia, en El pañuelo islámico en Europa / coord. por Agustín Motilla de la Calle, 2009, págs. 91-139.

Crowe, R., The Treaty of Lisbon: A Revised Legal Framework for the Organisation and Functioning of the European Union, en ERA Forum (2008) 9, págs.163–208.

Gerhards, J., Cultural Overstretch?: Differences Between Old and New Member States of the EU and Turkey (Routledge/ESA Studies in European Societies), New York,  2007.

Glendenning, D., Religion, Education and the Law: A Comparative Approach, Tottel publishing, 2008.

Hunter-Henin, M., Law, Religious Freedoms and Education in Europe, London 2012.

Parekh, B., Rethinking Multiculturalism: Cultural Diversity and Political Theory, 2005.

Rodríguez Moya, A., High courts reign supreme: The role of case law in the spanish transition towards a secular (Non-denominational) state, en Revista de derecho político, Nº 78, 2010, págs. 187-216.

Rodríguez Moya, A.,  Libertad religiosa y enseñanza de la religión: especial atención al caso islámico, en Revista General de Derecho Canónico y Derecho Eclesiástico del Estado, Nº. 20, 2009. 

On-line course: The course will be conducted on-line. On-line tutorials will be the basic form of interaction between students and the teaching staff. Access to learning materials, submission of essays and other documents, and communication between course actors will take place through the specific on-line channel designed and maintained for the course.