Freedom Of Religion Minorities And The Law

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Protecting the Religious Freedom of New Minorities in International Law

Fabienne Bretscher
Protecting the Religious Freedom of New Minorities in International Law Book PDF

Author : Fabienne Bretscher
Publisher : Routledge
Page : 273 pages
File Size : 42,5 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429559174

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Protecting the Religious Freedom of New Minorities in International Law by Fabienne Bretscher Pdf

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Reactions to the Law by Minority Religions

Eileen Barker,James T. Richardson
Reactions to the Law by Minority Religions Book PDF

Author : Eileen Barker,James T. Richardson
Publisher : Routledge
Page : 206 pages
File Size : 55,8 Mb
Release : 2020-12-30
Category : Religion
ISBN : 9781000333367

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Reactions to the Law by Minority Religions by Eileen Barker,James T. Richardson Pdf

Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of religion and the law, new religious movements, minority religions and the sociology of religion.

Freedom of Religion or Belief

Heiner Bielefeldt,Nazila Ghanea,Michael Wiener
Freedom of Religion or Belief Book PDF

Author : Heiner Bielefeldt,Nazila Ghanea,Michael Wiener
Publisher : Oxford University Press
Page : 575 pages
File Size : 45,9 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191009198

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Freedom of Religion or Belief by Heiner Bielefeldt,Nazila Ghanea,Michael Wiener Pdf

Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of religion or belief is a key human right: the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodies (for example the Human Rights Committee, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. Freedom of Religion or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur's framework for communications, the commentary analyses, for example, the limitations on the wearing of religious symbols and vulnerable situations, including those of women, detainees, refugees, children, minorities and migrants, through a combination of scholarly expertise and practical experience.

The European Court of Human Rights and Minority Religions

Effie Fokas,James T Richardson
The European Court of Human Rights and Minority Religions Book PDF

Author : Effie Fokas,James T Richardson
Publisher : Routledge
Page : 229 pages
File Size : 55,5 Mb
Release : 2020-04-28
Category : Social Science
ISBN : 9780429954405

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The European Court of Human Rights and Minority Religions by Effie Fokas,James T Richardson Pdf

This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court’s case law dealing with religious minority claims (exploring their clarity and consistency – or lack thereof – and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage ‘nationally’ and ‘culturally’ sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court’s religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level. The chapters in this book were originally published in Religion, State & Society, the Journal of Muslim Minority Affairs and Democratization.

Minorities and Religious Freedom in a Democracy

James Massey
Minorities and Religious Freedom in a Democracy Book PDF

Author : James Massey
Publisher : Unknown
Page : 256 pages
File Size : 54,7 Mb
Release : 2003
Category : Democracy
ISBN : UOM:39015061554153

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Minorities and Religious Freedom in a Democracy by James Massey Pdf

This Book Deals With Christians As A Minority And Controverts The Myth That They Are The Most Forward Community. It Details The General Constitutional Rights As Well As Special Rights Of The Minorities In India And Focuses Attention On The Relationship Between Human Rights Of Minorities. An Essential Reading For Sociologists, Political Scientists, Human Rights Activists And All Others Interested In The Issues Involved And The Future Of Indian Polity.

Minority Rights in the Middle East

Joshua Castellino,Kathleen A. Cavanaugh
Minority Rights in the Middle East Book PDF

Author : Joshua Castellino,Kathleen A. Cavanaugh
Publisher : OUP Oxford
Page : 456 pages
File Size : 48,5 Mb
Release : 2013-04-25
Category : Law
ISBN : 9780191668883

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Minority Rights in the Middle East by Joshua Castellino,Kathleen A. Cavanaugh Pdf

Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

Law and Religion

W. Cole Durham Jr.,Brett G. Scharffs
Law and Religion Book PDF

Author : W. Cole Durham Jr.,Brett G. Scharffs
Publisher : Aspen Publishing
Page : 1015 pages
File Size : 51,8 Mb
Release : 2019-02-01
Category : Law
ISBN : 9781543807035

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Law and Religion by W. Cole Durham Jr.,Brett G. Scharffs Pdf

Offering extensive international and comparative law materials, as well as discussion of key United States First Amendment cases, international experts Durham and Scharffs bring vision and scope to the study of Law and Religion. The text and its continually updated online Supplement support courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment. New to the Second Edition: ¿ National: Recent U.S. court cases and legislative moves dealing with religion in conflict with anti- discrimination norms, including immigration; same-sex marriage; and conscientious objection by religious organizations, government officials, pharmacies, businesses (including “wedding vendors”) to providing products, services, and insurance benefits in violation of religious beliefs ¿ International: Landmark religion cases in Canada, Europe, and Asia involving such issues as women’s rights, law school accreditation, display of religious symbols and wearing of face coverings in public (including schools); persecution of religious minorities, including prosecution for blasphemy; discussion of new levels of and responses to religious extremism ¿ Comparative: Discussions across multiple jurisdictions of such issues as education, tax, government regulation of religion, and women’s issues, such as genital cutting (worldwide, including U.S.) and divorce (“triple talaq” in India, Shari’a arbitration in Canada, and Shari’a councils in the U.K.) Professors and students will benefit from: ¿ Traditional law and religion course coverage of U.S. materials, including the major Free Exercise and Establishment Clause cases ¿ Comparative law cases and materials reflecting more than fifty countries and regions, and which include corporal punishment; compelled patriotic observances; state funding of religions; autonomy of religious organizations to choose personnel and provide services; conscientious objection in the military and in personal, employment, and educational settings; parameters of speech regulation, including hate speech and speech that offends religious sensibilities; anti- conversion laws; the rights of women in tension with religious claims of exclusion and divorce practices; and much more ¿ International law materials, including: o Key international and regional human rights instruments; 87 cases from the European Court of Human Rights; and key decisions of the Court of Justice of the European Union and the United Nations Human Rights Committee o Cases covering issues such as the right to register religious associations; headscarves and face coverings; religious slaughter for kosher and halal foods; exemptions from church taxes; conscientious objection; proselytizing; religious oaths; church autonomy; religious education; and conflicts arising between religious freedom and other human rights (e.g., women's rights, rights of indigenous peoples, sexual minorities, and children's rights) o Responses from inside and outside the Muslim world to the rise of violent Islamist extremism ¿ Islamic, Christian, Jewish, Hindu, Buddhist, and other perspectives on freedom of religion, touching on defamation of religion; the new constitution of Iraq; religious political parties in Turkey; the definition of being Jewish for rights of citizenship in Israel; the right of Muslim and Hindu women to enter sacred space in India; death sentences and extra-judicial lynching for perceived violation of blasphemy laws in Pakistan; and reactions of governments, including the government of Russia, to perceived religious extremism

Freedom of Religion, Minorities, and the Law

Samantha Knights
Freedom of Religion Minorities and the Law Book PDF

Author : Samantha Knights
Publisher : Oxford University Press, USA
Page : 262 pages
File Size : 50,5 Mb
Release : 2007
Category : Language Arts & Disciplines
ISBN : UOM:39015069335811

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Freedom of Religion, Minorities, and the Law by Samantha Knights Pdf

The diverse population in England has raised questions about individual and group rights, and how the political and legal system should view diversity. This book sets out and analyses these issues within their legal context, including the 1998 Human Rights Act, the EC Equality Directives, and the UK Equality Bill.

Beyond Religious Freedom

Elizabeth Shakman Hurd
Beyond Religious Freedom Book PDF

Author : Elizabeth Shakman Hurd
Publisher : Princeton University Press
Page : 216 pages
File Size : 52,7 Mb
Release : 2017-02-14
Category : Political Science
ISBN : 9780691176222

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Beyond Religious Freedom by Elizabeth Shakman Hurd Pdf

In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome. Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between "expert religion," "governed religion," and "lived religion," Hurd charts new territory in the study of religion in global politics. A forceful and timely critique of the politics of promoting religious freedom, Beyond Religious Freedom provides new insights into today's most pressing dilemmas of power, difference, and governance.

State Responses to Minority Religions

David M. Kirkham
State Responses to Minority Religions Book PDF

Author : David M. Kirkham
Publisher : Routledge
Page : 304 pages
File Size : 47,9 Mb
Release : 2017-05-15
Category : Religion
ISBN : 9781351898065

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State Responses to Minority Religions by David M. Kirkham Pdf

The response of states to demands for free exercise of religion or belief varies greatly across the world. In some places, religions come as close as imaginable to autonomous existences with little interference from government. In other cases religion finds itself grinding out a meagre living, if at all, under the jealously watchful eye of the state. This book provides a legal and normative overview of the variety of responses to minority religions available to states. Exploring case studies ranging from Islamic regions such as Indonesia, Pakistan, and the wider Middle East, to Western Europe, Eastern Europe, China, Russia, Canada, and the Baltics, contributors include international scholars and experts in law, sociology, religious studies, and political science. This book offers invaluable perspectives on how minority religions are currently being received, reviewed, challenged, or ignored in different parts of the world.

Legal Code of Religious Minority Rights

Daniele Ferrari
Legal Code of Religious Minority Rights Book PDF

Author : Daniele Ferrari
Publisher : Routledge
Page : 267 pages
File Size : 50,7 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781000424003

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Legal Code of Religious Minority Rights by Daniele Ferrari Pdf

This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities’ rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.

The Changing Nature of Religious Rights Under International Law

Malcolm David Evans,Peter Petkoff,Julian Rivers
The Changing Nature of Religious Rights Under International Law Book PDF

Author : Malcolm David Evans,Peter Petkoff,Julian Rivers
Publisher : Oxford University Press, USA
Page : 353 pages
File Size : 54,8 Mb
Release : 2015
Category : Law
ISBN : 9780199684229

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The Changing Nature of Religious Rights Under International Law by Malcolm David Evans,Peter Petkoff,Julian Rivers Pdf

"The book explores, and challenges, the particular institutional perspectives which emerge in the context of differing approaches to the protection of religious rights. It identifies new directions for approaching religious rights through international law by examining existing legal tools, assessing their achievements and shortcomings. By studying religious organizations' support for international human rights protection, as well as religious critiques of international human rights, it offers complementary perspectives on the institutions and processes of religious rights protection. It identifies ways in which these rights are being eroded and suggests new forms of reinforcement and protection, not least by way of an alternative religious 'bill of rights'. So this collection of essays is offered as a record of a set of important debates. The texts expose not merely the evolving normative framework within which questions of religious rights are resolved in international law. The Editors have been as much interested in how activists in the human rights field perceive that framework, as well as the political contests which lie behind them. By interweaving practitioner perspectives with scholarly reflection, the volume provides an opportunity for the reader to come away with an understanding of how international law works in a context both fascinating and fluid"--Unedited summary from book jacket.

Religion, Human Rights and International Law

Javaid Rehman,Susan Carolyn Breau
Religion Human Rights and International Law Book PDF

Author : Javaid Rehman,Susan Carolyn Breau
Publisher : Martinus Nijhoff Publishers
Page : 593 pages
File Size : 53,6 Mb
Release : 2007
Category : Religion
ISBN : 9789004158269

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Religion, Human Rights and International Law by Javaid Rehman,Susan Carolyn Breau Pdf

Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

The scope and content of freedom of religion in canada

Delphine Nakache
The scope and content of freedom of religion in canada Book PDF

Author : Delphine Nakache
Publisher : Omn.Univ.Europ.
Page : 112 pages
File Size : 40,7 Mb
Release : 2018-02-28
Category : Law
ISBN : 6131564361

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The scope and content of freedom of religion in canada by Delphine Nakache Pdf

Despite the absence of a separation of church and state in legal texts, the Canadian state must refrain from adopting measures that have the objective or the effect of restricting a religious belief/practice and favouring one religion over another. Yet a proper understanding of "state neutrality" within the Canadian context calls for a cautious interpretation of this term. First, church/state separation does not necessarily entail the removal of religion from public space. Second, given Canada's multicultural tradition, freedom of religion has been interpreted as requesting the state to make reasonable accommodation for religious minorities if discrimination arises in the application of a norm or an otherwise legitimate public policy. Freedom of religion is not absolute, and courts have developed a two-step test to ascertain whether the infringement of the claimant's religious freedom can be reasonably justified by state intervention. This test is not easy to apply for front-line decision-makers routinely faced with requests for accommodation. Key legal parameters, however, are worth considering.

Religion, Secular Beliefs and Human Rights

Natan Lerner
Religion Secular Beliefs and Human Rights Book PDF

Author : Natan Lerner
Publisher : Martinus Nijhoff Publishers
Page : 306 pages
File Size : 46,7 Mb
Release : 2012-08-01
Category : Law
ISBN : 9789004232167

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Religion, Secular Beliefs and Human Rights by Natan Lerner Pdf

This second edition of the book updates the information on relevant developments that took place in the time elapsed. and incorporates several new chapters on important issues related to religious freedoms. Such are the chapters on freedom from religion, religion and freedom of association, religion and freedom of expression (including the controversy with respect of defamation of religions), and group rights and legal pluralism. The order of the chapters has been rearranged.