Protecting The Religious Freedom Of New Minorities In International 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 : 44,5 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.

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 : 45,8 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.

Justifications of Minority Protection in International Law

Athanasia Spiliopoulou Åkermark
Justifications of Minority Protection in International Law Book PDF

Author : Athanasia Spiliopoulou Åkermark
Publisher : Martinus Nijhoff Publishers
Page : 340 pages
File Size : 52,7 Mb
Release : 1997-07-23
Category : Law
ISBN : 9041104240

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Justifications of Minority Protection in International Law by Athanasia Spiliopoulou Åkermark Pdf

1993-1995.

The Right to Religious Freedom in International Law

Anat Scolnicov
The Right to Religious Freedom in International Law Book PDF

Author : Anat Scolnicov
Publisher : Routledge
Page : 280 pages
File Size : 55,6 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.

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 : 45,5 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.

Beyond Religious Freedom

Elizabeth Shakman Hurd
Beyond Religious Freedom Book PDF

Author : Elizabeth Shakman Hurd
Publisher : Princeton University Press
Page : 216 pages
File Size : 45,5 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.

The Changing Nature of Religious Rights under International Law

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

Author : Malcolm Evans,Peter Petkoff,Julian Rivers
Publisher : OUP Oxford
Page : 340 pages
File Size : 50,7 Mb
Release : 2015-03-19
Category : Political Science
ISBN : 9780191509421

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

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

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 : 42,5 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

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 : 48,7 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.

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 : 44,8 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.

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 : 55,9 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.

Religious Liberty and International Law in Europe

Malcolm D. Evans
Religious Liberty and International Law in Europe Book PDF

Author : Malcolm D. Evans
Publisher : Cambridge University Press
Page : 432 pages
File Size : 47,5 Mb
Release : 1997
Category : Law
ISBN : 0521047617

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Religious Liberty and International Law in Europe by Malcolm D. Evans Pdf

Malcolm Evans's account of the protection of religious liberty under international law in Europe.

Protecting the Human Rights of Religious Minorities in Eastern Europe

Peter G. Danchin,Elizabeth A. Cole
Protecting the Human Rights of Religious Minorities in Eastern Europe Book PDF

Author : Peter G. Danchin,Elizabeth A. Cole
Publisher : McGill-Queen's Press - MQUP
Page : 572 pages
File Size : 47,9 Mb
Release : 2002
Category : Political Science
ISBN : 0231124759

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Protecting the Human Rights of Religious Minorities in Eastern Europe by Peter G. Danchin,Elizabeth A. Cole Pdf

The demise of former communist regimes has not guaranteed protection of human rights. As official atheism is replaced by varying church-state arrangements, how much will the rule of law prevail against resurgent nationalism and intolerance toward minorities? These essays consider this crucial question.

Religion and International Law

Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter
Religion and International Law Book PDF

Author : Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter
Publisher : BRILL
Page : 397 pages
File Size : 45,6 Mb
Release : 2018-08-23
Category : Law
ISBN : 9789004349155

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Religion and International Law by Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter Pdf

Living together explores international law responses to the challenges of growing religious antagonisms. Building on historic concepts, it looks at the role of religious institutions and religious law before examining the contribution of human rights bodies and particular human rights.

The Right of the Child to Religious Freedom in International Law

Sylvie Langlaude
The Right of the Child to Religious Freedom in International Law Book PDF

Author : Sylvie Langlaude
Publisher : BRILL
Page : 321 pages
File Size : 47,8 Mb
Release : 2007-12-12
Category : Political Science
ISBN : 9789047423508

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

The child’s right to religious freedom in international law has never been considered in a comprehensive fashion, yet key issues include the prevention of indoctrination, religious clothing, the relationship of the child with parents and religious communities, and the duties of the state to the child. Building on a sociological analysis of religious children, a body of international legal materials is analysed against a theoretical model of what the child’s right ought to be. This book is the first attempt at analysing what international law says on the question, the result is a compelling analysis of the definitive position of international law on the child’s right to religious freedom.