Description du sujet de thèse

This thesis analyses the relationship between freedom of religion and freedom of expression. While these two freedoms are strongly protected in law, the persistence of conflictual situations can be observed particularly when, in a context of diversification of forms of religious affiliation, the manifestation of beliefs by individuals or groups claiming to belong to a religious organisation or doctrine takes forms that are far removed from the classic ritual frameworks protected by freedom of religion. Online religious discourse ('digital religion') is a clear illustration of this. Does such an expression of belief fall within the scope of freedom of religion or freedom of expression? Is there such a thing as freedom of religious expression? More precisely, the question arises of identifying the limits to such expression. Is it a question of mobilising motives of security and public order? Is proselytising protected by freedom of religion? Or are these expressions handled within the limits of freedom of expression?
To date, no systematic approach has been taken to these issues. The aim is therefore to shed light on how the law deals with these sources of expression of religious beliefs.
The lack of legal work on this specific issue in France leads to look to other legal systems for elements of analysis, or even to propose new interpretations of existing categories and/or new categories to capture the specific features of freedom of religious expression. From this point of view, putting the French and Canadian systems into perspective is of twofold interest: on the one hand, laïcité brings the two models of regulation of religion closer together, and on the other, the variations from one continent to the other in the protection of freedom of expression make it possible to envisage different legal responses to situations of religious expression. For each legal system, the systematic listing of qualifying operations will be analysed in the light of data from interviews with judicial actors in order to grasp the contexts and sources of tension.

Contexte de travail

The person will carry out his/her activities in the research unit UMR 7354 DRES-Law, Religion, Business and Society (University of Strasbourg/CNRS) hosted in the Maison des Sciences de l'Homme d'Alsace (MISHA), located in Strasbourg, at the heart of the university campus, with excellent public transport links. The research unit brings together a wide range of academic fields organised into four teams: law and religion, sociology of religion, labour law and business law.
The DRES currently has nearly 50 permanent members and 70 PhD students.
The person will join the Laws and religions team and will benefit from the work environment (specific room, support for mobility) of the UMR's doctoral students.
The thesis will be carried out under joint supervision with the University of Montreal (prospective).
Website : https://dres.unistra.fr/

Contraintes et risques

The doctoral student will be administratively attached to the UMR DRES and registered with the ED 101. The doctoral student will be required to spend research periods in Quebec.
The scientific productions resulting from his/her work must be systematically deposited in an open archive, preferably HAL.