Editorial by Angela Di Stani (Full Professor of International Law and European Union Law, University of Salerno) and introduction by Giuseppe Pascale (Associate Professor of International Law, University of Trieste).
The final results of the PRIN 2022 research project Migration and Religion in International Law (MiReIL) are now openly accessible as a dedicated Special Issue of the online journal Freedom, Security & Justice: European Legal Studies, 2025, n. 3.
This Focus gathers the collective work of scholars from the four universities participating in MiReIL (in alphabetic order, Francesca Angelini, Carmelo Danisi, Tarak El Haj, Luciano Mauro, Davide Monego, Elisa Olivito, Maria Irene Papa, Francesca Romana Partipilo, Sara Tonolo, Silvia Venier) and offers the first comprehensive, multidisciplinary exploration of the complex relationship between migration and religion through the lenses of international, European, constitutional, administrative and private international law, with additional insights from economics.
The Special Issue marks the culmination of two years of research funded by the Italian Ministry of University and Research and the European Union – NextGenerationEU (PNRR), and presents research-based proposals aimed at fostering inclusive, resilient, and multicultural societies.
We are pleased to share this Open Access publication with the broader academic community, practitioners, and anyone interested in understanding and addressing one of the most pressing intersections shaping contemporary societies.
Introduction by Francesca Angelini (Department of Economics and Law, Sapienza University of Rome), Lucia Graziano (Department of Legal and Economic Studies, Sapienza University of Rome), Giorgia Marini (Department of Legal and Economic Studies, Sapienza University of Rome), Elisa Olivito (Department of Legal and Economic Studies, Sapienza University of Rome) and Maria Irene Papa (Department of Legal and Economic Studies, Sapienza University of Rome), Migrants'Religious Freedom in a Multilevel Legal System: Challenges and Perspectives in the Italian Context
Contributions by
Donatella Loprieno, Associate Professor of Public Law, University of Calabria, Department of Political and Social Science, Arcavacata di Rende (Cs), Italy, The Religious Freedom of the Received and/or Detained Foreigner as a Paradigm of the Different Violability of Inviolable Freedoms
Giulia Ciliberto, Department of Law and Institutions, Universitas Mercatorum - Rome, Italy, Migrants' Freedom of Religion under the European Convention on Human Rights: The Case of the Disposal of Religious Symbols
Aurora Rasi, Sapienza University of Rome, On the Protection of the Right to Freedom of Religion in the Recent Case Law of the Court of Justice of the European Union
ABSTRACT: After having recalled that, in the context of the phenomenology concerning hate speech, religious communities do not always take on the role of victims, this paper aims to examine the extent to which there is a substantial difference between the punishment of insult of religion and the repression of incitement to hatred. According to the author, the existence of a dimension of danger even in the insult of religion, the inseparability of hate speech from an offensive consequence on an emotional level and some border figures suggest
that they are complementary forms of protection, promoting the value of mutual respect among members regardless of their religious beliefs.