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Author : Sylvie Langlaude
Publisher : Martinus Nijhoff Publishers
Page : 322 pages
File Size : 51,5 Mb
Release : 2007
Category : Law
ISBN : 9789004162662
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 : 50,9 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781136907050
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 : Heiner Bielefeldt,Nazila Ghanea-Hercock,Michael Wiener
Publisher : Oxford University Press
Page : 701 pages
File Size : 46,9 Mb
Release : 2016
Category : Law
ISBN : 9780198703983
"Freedom of Religious 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." -- Back cover.
Author : Sylvie Langlaude
Publisher : BRILL
Page : 321 pages
File Size : 41,5 Mb
Release : 2007-12-12
Category : Political Science
ISBN : 9789047423508
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.
Author : Fabienne Bretscher
Publisher : Routledge
Page : 273 pages
File Size : 40,5 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429559174
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 : Anat Scolnicov
Publisher : Routledge
Page : 281 pages
File Size : 44,7 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781136907067
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 : Malcolm David Evans,Peter Petkoff,Julian Rivers
Publisher : Oxford University Press, USA
Page : 353 pages
File Size : 46,5 Mb
Release : 2015
Category : Law
ISBN : 9780199684229
"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 : Van der Vyver, J. D.,Johan David Van der Vyver,John Witte, Jr.
Publisher : Martinus Nijhoff Publishers
Page : 722 pages
File Size : 50,8 Mb
Release : 1996-02-09
Category : Political Science
ISBN : 9041101772
Media. By James Finn.
Author : Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter
Publisher : BRILL
Page : 397 pages
File Size : 48,6 Mb
Release : 2018-08-23
Category : Law
ISBN : 9789004349155
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.
Author : Mark W. Janis,Carolyn Evans
Publisher : BRILL
Page : 533 pages
File Size : 52,9 Mb
Release : 2004-02-01
Category : Law
ISBN : 9789047413400
One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume, now available in paperback, builds on the eleven essays edited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.
Author : Richard Moon
Publisher : Essentials of Canadian Law
Page : 215 pages
File Size : 43,8 Mb
Release : 2014
Category : Law
ISBN : 1552213641
When the Canadian Charter of Rights and Freedoms was enacted in 1982, the first of its fundamental freedoms seemed less significant and less interesting than many of its other rights. However, the Salman Rushdie affair, the 9/11 attacks, and later the publication of the "Danish Cartoons" helped to move religion or religious difference to the forefront of public consciousness. These events seemed to confirm that religion, or at least particular religions, represented a threat to the values of liberal-democratic society. Religious freedom issues that may have been minor and easily resolved "on the ground" were increasingly seen through this lens of intractable conflict, and as opening the door to a broader threat to Western democracy. In Canada, anxiety about religion has been far less acute than in Europe or in the United States. Nevertheless, concern about the character of religion has shaped the public reaction to religious diversity and freedom. This has been most powerfully so in Quebec where, as in Europe, national identity remains a concern, and the political role of the Catholic church in the recent past has caused many to be wary of the visibility of religion in the public sphere. The book reviews the basic history of religious freedom in Canada; looks at state support for religion, including the place of religious practices and symbols in public institutions and the role of religious values in public decision making; the restriction or accommodation of religious practices by state action; religious restriction in particular contexts; state support for religious schools; freedom of religion in the context of the family, and in particular, the parent-child relationship; and freedom of conscience component of section 2(a)
Author : Ioana Cismas
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 50,7 Mb
Release : 2014
Category : Law
ISBN : 9780198712824
Religious actors are unique in international governance due to the theological context in which they operate. This book demonstrates that while their role and actions may be distinct, they rely on international law to add legitimacy to their actions, and are bound by international legal rules and norms in the same way as other actors.
Author : W. Cole Durham,Tore Sam Lindholm,Bahia Tahzib-Lie,NA Oslo Coalition on Freedom of Religion or Belief,NA Norway,NA Norsk senter for menneskerettigheter,NA Brigham Young University
Publisher : Springer
Page : 1072 pages
File Size : 45,5 Mb
Release : 2013-12-11
Category : Law
ISBN : 9789401756167
As the world enters the 21st Century, the challenges in implementing freedom of religion or belief grow more complex and more acute. How can the internationally recognized norms regarding freedom of religion or belief be meaningful for all - women and men, majorities and minorities, established religions and new religious movements, parents and children? How can tolerance, mutual respect and understanding be globally expanded? How does freedom of religion or belief relate to other human rights? Launched by the Oslo Coalition on Freedom of Religion or Belief, this deskbook anthology is designed as a single-volume resource for all who are concerned with facilitating improved global compliance with international standards in this vital area. The varied and diverse topics addressed by over fifty global experts in the field provide a rich weave of many threads. The book addresses historical and philosophical background on religious human rights, applicable international norms and the international procedural mechanisms for safeguarding these norms. It surveys central areas of controversy, including registration of religious and belief organizations, emerging debates on religion and gender, parental and children's rights, new religious movements, proselytism, and conscientious objection. Other chapters describe practical approaches to promoting tolerance and understanding through education, inter-religious dialogue, joint religious efforts addressing shared social problems, and conflict resolution initiatives. The volume also provides practical information regarding networking and other background issues that can help translate understanding of the applicable norms and procedures into action. Appendices provide texts of major international instruments on freedom of religion or belief.
Author : Bahiyyih G. Tahzib
Publisher : Martinus Nijhoff Publishers
Page : 640 pages
File Size : 51,5 Mb
Release : 1996
Category : Political Science
ISBN : 9041101594
1 First Report (1987).
Author : Malcolm D. Evans
Publisher : Cambridge University Press
Page : 432 pages
File Size : 53,9 Mb
Release : 1997
Category : Law
ISBN : 0521047617
Malcolm Evans's account of the protection of religious liberty under international law in Europe.