HU924-7-SP-CO:
Religion, Gender Equality and Postcoloniality

The details
2024/25
Human Rights Centre (Essex Law School)
Colchester Campus
Spring
Postgraduate: Level 7
Current
Monday 13 January 2025
Friday 21 March 2025
15
27 March 2024

 

Requisites for this module
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Key module for

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Module description

Though widely seen as a privilege for religious actors, religious freedom under international law offers equal protection to those who are religious and non-religious, those who hold theistic, non-theistic, atheistic, non-religious or philosophical beliefs, and does so regardless of sexual orientation or gender identity. Historical and contemporary developments show how ‘religion’ or ‘religious freedom’ is often implicated in patriarchy, misogyny, bigotry, violence, wars, imperialism and mass atrocities. However, religious actors also play an important role in responding to humanitarian crises, assisting in development work, supporting social protection projects, opposing tyranny and oppression, promoting peace and conflict-resolution, and empowering oppressed and excluded voices, including indigenous peoples, women and LGBT+ persons, and refugees. As societies around the world have become more diverse with religion playing an increasingly prominent role in public life, often leading to what have been called ‘culture wars’ and ‘conscience wars’, the tasks of ‘right-sizing religion’ and reclaiming equal rights for all have become more urgent. This module responds to this challenge given that engaging with aspects of ‘religious freedom’ has become both unavoidable and crucial not just to public policymakers and duty bearers, but also for human rights advocates and academic researchers.

Module aims

The aims of this module are:



  • To enable to students to develop a range of skills to engage with a number of widespread controversies in the conceptualisation and practice of human rights, and to empower them to carry out further independent research. The issues that are examined are cross-cutting and provide perspectives from a variety of disciplines.

  • To equip students with cross-cultural dialogue skills that are necessary for a range of careers that touch upon human rights and cultural diversity whether as diplomats, human rights advocates, journalists, educators, or academic researchers, among others, where interaction with peoples from diverse backgrounds and cultures and identities is needed.

  • To empower students to apply a human rights approach to the particular challenges to law, public policy and societal harmony that are imposed by misuses of religious freedom.

Module learning outcomes

By the end of this module, students will be expected to be able to:



  1. Understand the foundational role of the freedom of thought, conscience and religion or belief in the broad human rights framework and develop literacies to negotiate and promote human rights in secular and de-secularised spaces.

  2. Examine critically hegemonic, postcolonial and gendered perspectives on human rights and develop the tools necessary for cross-cultural understanding and engagement and to promote societal inclusion.

  3. Analyse the inter-relationship between culture, colonialism, religion, patriarchy, and politics in the realisation of human rights.

  4. Develop critical reasoning, analytical writing and oral argumentation skills.

  5. Carry out independent research into the subject.

Module information

The module content draws on an expanding body of mainstream and critical scholarship on religious freedom as well as ground-breaking and internationally acclaimed practice-based work being carried out by the Religion and Equality Project of the Essex Human Rights Centre.


It covers the normative framework for freedom of religion or belief under international law along with a number of key challenges faced by states in protecting these freedoms for all, and critiques related to the framing and exercise of this freedom.


The seminars include deep dives into specific topics such as protections for gender equality, state obligations to uphold the right to non-discrimination including promoting substantive equality, duties upon states to prohibit advocacy of religious hatred, and effects of different state-religion relationships on the rights of various groups in vulnerable situations. It further covers frontier topics in the field such as impacts of new and emerging technologies on the freedom of thought.


In examining these topics, in addition to substantive aspects of international human rights law, students will also engage with critical perspectives, including decoloniality and postcolonial theory, critical race theory, non-religious perspectives, and Muslim state practices especially in relation to religious freedom and gender equality.

Learning and teaching methods

This module will be taught via weekly 2-hour seminars.

The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.

Bibliography*

  • Thomas Risse-Kappen; Steve C. Ropp; Kathryn Sikkink. (2013) The persistent power of human rights: from commitment to compliance, Cambridge: Cambridge University Press. vol. 126
  • Mark S. Ellis; Anver M. Emon; Benjamin Glahn. (2012) Islamic law and international human rights law: searching for common ground?, Oxford: Oxford University Press.
  • Rainer Grote; Tilmann J. Röder. (2012) Constitutionalism in Islamic countries: between upheaval and continuity, Oxford: Oxford University Press.
  • Ebrahim Moosa. (2000) 'The Dilemma of Islamic Rights Schemes', in Journal of Law and Religion. vol. 15 (1/2) , pp.185-215
  • Hallaq, Wael B. (2009) An introduction to Islamic law, Cambridge: Cambridge University Press.
  • Catarina Krause; Martin Scheinin. (2009) International protection of human rights: a textbook, Turku: Åbo Akademi University Institute for Human Rights.
  • Joseph Runzo; Nancy M. Martin; Arvind Sharma. (2003) Human rights and responsibilities in the world religions, Oxford: Oneworld. vol. v. 4
  • Abdullah Saeed. (2012) Islam and human rights, Cheltenham: Edward Elgar. vol. 3
  • Abdullah Saeed. (2018) Human rights and Islam: an introduction to key debates between Islamic law and international human rights law, Cheltenham: Edward Elgar Publishing.
  • Ali, Shaheen Sardar. (c2000) Gender and human rights in Islam and international law: equal before Allah, unequal before man?, The Hague: Kluwer Law International.
  • Mark W. Janis; Carolyn Evans. (1999, 2004) Religion and international law, The Hague: M. Nijhoff.
  • Cairo Declaration on Human Rights in Islam, http://hrlibrary.umn.edu/instree/cairodeclaration.html
  • Saeed, Abdullah. (2018) Human rights and Islam: an introduction to key debates between Islamic law and international human rights law, Cheltenham: Edward Elgar Publishing.
  • Kristine Kalanges. (2012) Religious liberty in Western and Islamic law: toward a world legal tradition, Oxford: Oxford University Press.
  • Mayer, Ann Elizabeth. (c2013) Islam and human rights: tradition and politics, Boulder, CO.: Westview Press.
  • Heiner Bielefeldt. (2000) '"Western" versus "Islamic" Human Rights Conceptions?: A Critique of Cultural Essentialism in the Discussion on Human Rights', in Political Theory. vol. 28 (1) , pp.90-121
  • Mohammad Hashim Kamali. (1996) 'Fiqh and adaptation to social reality', in The Muslim World. vol. 86 (1) , pp.62-84
  • Niaz A. Shah. (2006) 'Women's Human Rights in the Koran: An Interpretive Approach', in Human Rights. vol. 28 (4) , pp.868-903
  • Jocelyne Cesari. (2014) The awakening of Muslim democracy: religion, modernity, and the state, Cambridge: Cambridge University Press.
  • (2014) The Ashgate research companion to Islamic law, Farnham: Ashgate.
  • Intisar A. Rabb. (no date) Doubt in Islamic Law : A History of Legal Maxims, Interpretation, and Islamic Criminal Law: Cambridge University Press.
  • Rudolph Peters. (2005) Crime and punishment in Islamic law: theory and practice from the sixteenth to the twenty-first century (pp 6-68), Cambridge: Cambridge University Press. vol. 2
  • Javaid Rehman; Eleni Polymenopoulou. (2013) 'Is Green a Part of the Rainbow: Sharia, Homosexuality, and LGBT Rights in the Muslim World', in Fordham International Law Journal. vol. 37 (1) , pp.1-52
  • A/RES/36/55. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, https://www.refworld.org/docid/3b00f02e40.html
  • Susan Waltz. (2004) 'Universal Human Rights: The Contribution of Muslim States', in Human Rights. vol. 26 (4) , pp.799-844

The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.

Assessment items, weightings and deadlines

Coursework / exam Description Deadline Coursework weighting
Coursework   Essay (HU924 Religion and Human Rights)    100% 

Exam format definitions

  • Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
  • In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
  • In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
  • In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary, for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.

Your department will provide further guidance before your exams.

Overall assessment

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Prof Ahmed Shaheed, email: ashaheed@essex.ac.uk.
Dr Ahmed Shaheed
School of Law, University of Essex, Telephone 01206 873383, email ashaheed@essex.ac.uk

 

Availability
No
No
Yes

External examiner

Ms Edzia Carvalho
Resources
Available via Moodle
Of 18 hours, 18 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).

 

Further information

* Please note: due to differing publication schedules, items marked with an asterisk (*) base their information upon the previous academic year.

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