Law And International Religious Freedom

Author : Pasquale Annicchino
Publisher : ICLARS Series on Law and Religion
Page : 116 pages
File Size : 44,7 Mb
Release : 2019-12-12
Category : Electronic
ISBN : 036788609X

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Law and International Religious Freedom by Pasquale Annicchino Pdf

This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.

Author : Elizabeth Shakman Hurd
Publisher : Princeton University Press
Page : 216 pages
File Size : 48,9 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.

Author : H. Knox Thames,Chris Seiple,Amy Rowe
Publisher : Unknown
Page : 276 pages
File Size : 45,6 Mb
Release : 2009
Category : Freedom of religion
ISBN : STANFORD:36105124155032

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International Religious Freedom Advocacy by H. Knox Thames,Chris Seiple,Amy Rowe Pdf

The first resource of its kind, International Religious Freedom Advocacy equips activists and policymakers with an intimate knowledge of the governmental institutions, NGOs, and laws that work to safeguard religious liberties across the world. Beginning with an overview of the international legal protections, these advocacy veterans explain the intricacies of and resources available within the United Nations, European Union, Council of Europe, Organization of American States, African Union, and more. They conclude with in-depth case studies of Turkmenistan and Vietnam and a host of additional helpful information.

Author : Sylvie Langlaude
Publisher : Martinus Nijhoff Publishers
Page : 322 pages
File Size : 41,9 Mb
Release : 2007
Category : Law
ISBN : 9789004162662

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The Right of the Child to Religious Freedom in International Law by Sylvie Langlaude Pdf

Religious children -- A model of the right of the child to religious freedom -- The ICCPR -- The UNCRC -- The special rapporteur -- The ECHR

Author : Anat Scolnicov
Publisher : Routledge
Page : 280 pages
File Size : 46,6 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781136907050

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The Right to Religious Freedom in International Law by Anat Scolnicov Pdf

This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.

Author : Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley
Publisher : Routledge
Page : 230 pages
File Size : 46,6 Mb
Release : 2018-08-06
Category : Law
ISBN : 9781351369718

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Religious Freedom and the Law by Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley Pdf

This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.

Author : Fabienne Bretscher
Publisher : Routledge
Page : 273 pages
File Size : 49,8 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.

Author : Pasquale Annicchino
Publisher : Routledge
Page : 116 pages
File Size : 53,9 Mb
Release : 2017-12-01
Category : Law
ISBN : 9781351858021

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Law and International Religious Freedom by Pasquale Annicchino Pdf

This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.

Author : Anonim
Publisher : Unknown
Page : 848 pages
File Size : 48,5 Mb
Release : 2008
Category : Electronic
ISBN : STANFORD:36105050472013

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Annual Report on International Religious Freedom 2007, February 2008, 110-2 Report, * by Anonim Pdf

Author : Heiner Bielefeldt,Nazila Ghanea,Michael Wiener
Publisher : Oxford University Press
Page : 575 pages
File Size : 55,6 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.

Author : Malcolm David Evans,Peter Petkoff,Julian Rivers
Publisher : Oxford University Press, USA
Page : 353 pages
File Size : 48,6 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.

Author : Lori G. Beaman
Publisher : UBC Press
Page : 201 pages
File Size : 48,6 Mb
Release : 2008-07-01
Category : Political Science
ISBN : 9780774858205

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Defining Harm by Lori G. Beaman Pdf

A powerful examination of the governance of a religious citizen and of the limits of religious freedom, this book demonstrates that the stakes in debates on religious freedom are not just about beliefs and practices but also have implications for the construction of citizenship in a diverse nation. Lori Beaman looks at the case of Jehovah’s Witness Bethany Hughes who was denied her right to refuse treatment on the basis of her religious conviction, reflecting a particular moment in the socio-legal treatment of religious freedom and reveals the specific intersection of religious, medical, legal, and other discourses in the governance of the religious citizen.

Author : Van der Vyver, J. D.,Johan David Van der Vyver,John Witte, Jr.
Publisher : Martinus Nijhoff Publishers
Page : 722 pages
File Size : 41,9 Mb
Release : 1996-02-09
Category : Political Science
ISBN : 9041101772

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Religious Human Rights in Global Perspective by Van der Vyver, J. D.,Johan David Van der Vyver,John Witte, Jr. Pdf

Media. By James Finn.

Author : Don C. Hunter
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2013
Category : Freedom of religion
ISBN : 1626188963

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International Religious Freedom Act by Don C. Hunter Pdf

Because of concerns about increasing restrictions on religious rights around the world, Congress passed the International Religious Freedom Act of 1998 (the Act) to strengthen U.S. advocacy of individuals persecuted in foreign countries on account of religion. According to the Act, more than half of the world's population was living under governments that severely restricted or prohibited freedom of religion. This book examines the elements and implementation efforts of the International Religious Freedom Act with a focus on its objectives, scope and methodology.

Author : Kevin Vallier,Michael E. Weber
Publisher : Oxford University Press
Page : 329 pages
File Size : 47,9 Mb
Release : 2018
Category : Law
ISBN : 9780190666187

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Religious Exemptions by Kevin Vallier,Michael E. Weber Pdf

Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.