The Right to Religious Freedom in International Law

Between Group Rights and Individual Rights

Author: Anat Scolnicov

Publisher: Routledge

ISBN: 1136907068

Category: Law

Page: 280

View: 8980

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.
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Law and Religion in Europe

A Comparative Introduction

Author: Norman Doe

Publisher: OUP Oxford

ISBN: 0191018937

Category: Law

Page: 336

View: 8113

Each state in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to these laws with particular reference to the states of the European Union. A comparison of national laws on religion reveals profound similarities between them. From these emerge principles of law on religion common to the states of Europe and the book articulates these for the first time. It examines the constitutional postures of states towards religion, religious freedom, and discrimination, and the legal position, autonomy, and ministers of religious organizations. It also examines the protection of doctrine and worship, the property and finances of religion, religion, education, and public institutions, and religion, marriage, and children, as well as the fundamentals of the emergent European Union law on religion. The existence of these principles challenges the standard view in modern scholarship that there is little commonality in the legal postures of European states towards religion - it reveals that the dominant juridical model in Europe is that of cooperation between State and religion. The book also analyses national laws in the context of international laws on religion, particularly the European Convention on Human Rights. It proposes that national laws go further than these in their treatment and protection of religion, and that the principles of religion law common to the states of Europe may themselves represent a blueprint for the development of international norms in this field. The book provides a wealth of legal materials for scholars and students. The principles articulated in it also enable greater dialogue between law and disciplines beyond law, such as the sociology of religion, about the role of religion in Europe today. The book also identifies areas for further research in this regard, pointing the direction for future study.
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Religious Actors and International Law

Author: Ioana Cismas

Publisher: OUP Oxford

ISBN: 019102189X

Category: Law

Page: 440

View: 3200

This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.
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Religion, Human Rights and International Law

A Critical Examination of Islamic State Practices

Author: Javaid Rehman,Susan Breau

Publisher: BRILL

ISBN: 904742087X

Category: Law

Page: 592

View: 901

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.
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The Changing Nature of Religious Rights Under International Law

Author: Malcolm Evans,Peter Petkoff,Julian Rivers

Publisher: Oxford University Press, USA

ISBN: 0199684227

Category: Law

Page: 327

View: 7742

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.
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Religion, Secular Beliefs and Human Rights

Second Revised Edition

Author: Natan Lerner

Publisher: Martinus Nijhoff Publishers

ISBN: 9004152091

Category: Political Science

Page: 228

View: 7180

Religion, and beliefs related to religion, are today a central factor in international life and politics. International law, and human rights law in particular, have to take into consideration the religious dimension, and have done it to some extent. A body of positive law has already been developed for the protection of freedom of religion, and from religion, by the U.N. and regional organizations. This book, incorporating previously published as well as unpublished materials, discusses the legal meaning of religion and belief, the U.N. work in this respect, religious minorities, relevant regional and special arrangements, the issues of proselytism, religion and terrorism, the use of religious symbols, international criminal law, and some particular situations, such as the state and religious communities in Israel and this country's agreement with the Holy See. Law schools, human rights scholars and activists, and international organizations will find interest in the book.
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Jenseits der Menschenrechte

Die Rechtsstellung des Individuums im Völkerrecht

Author: Anne Peters

Publisher: Mohr Siebeck

ISBN: 9783161527494

Category: Law

Page: 559

View: 9312

Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.
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Law, Religious Freedoms and Education in Europe

Author: Myriam Hunter-Hénin

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781409427308

Category: Political Science

Page: 383

View: 8507

This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education. This collection considers how contemporary cultural and religious diversity challenges and redefines national, constitutional and legal frameworks and concepts, within the context of education and offers a critical reflection on the extent and meanings given to religious freedom in education across Europe.
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The Emotion and the Truth

Studies in Mass Communication and Conflict

Author: Mario Aguirre,Francisco Ferrándiz

Publisher: Universidad de Deusto

ISBN: 8498305063

Category: Language Arts & Disciplines

Page: 160

View: 4139

This is a book about modern wars in fragile state, one of the most important issues in the international system, and how the media, the academic and non-governmental organizations understand, act towards, interact among them and provide knowledge about there armed conflicts.
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Global Religions and International Relations: A Diplomatic Perspective

Author: P. Ferrara

Publisher: Springer

ISBN: 113740082X

Category: Social Science

Page: 127

View: 3570

With a religious re-emergence in international relations, this book provides an introduction to the role religions play within the global political arena. Culled from theoretical, practical, and real-world experiences, Ferrara explains the role religion now plays in global affairs on diplomatic and political levels.
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Das islamische Recht

Geschichte und Gegenwart

Author: Mathias Rohe

Publisher: C.H.Beck

ISBN: 3406628486

Category: Religion

Page: 612

View: 4775

Erstmals beschreibt in diesem Buch ein islamwissenschaftlich geschulter Jurist Entstehung, Entwicklung und gegenwärtige Ausformung des islamischen Rechts. Mathias Rohe erläutert die wichtigsten islamischem Rechtsquellen und Rechtsfindungsmethoden und schildert in Grundzügen die Regelungsbereiche des klassischen islamischen Rechts: Ehe- und Familienrecht, Erbrecht, Vertrags- und Wirtschaftsrecht, Gesellschaftsrecht, Eigentumsrecht, Strafrecht, Staats- und Verwaltungsrecht, Fremden- und Völkerrecht. Dabei kommen auch grundlegende Unterschiede zwischen Sunniten, Schiiten und anderen Richtungen zur Sprache. Sein besonderes Augenmerk gilt den Regelungen für Muslime in einer nichtislamischen Umgebung, vor allem in Deutschland. Ein Ausblick auf Perspektiven des islamischen Rechts in einer globalisierten Welt beschließt dieses anschaulich geschriebene Standardwerk. Für die vorliegende dritte Auflage wurde das Buch überarbeitet, aktualisiert und erweitert. „Mathias Rohe hat ein ausgezeichnetes Buch über die wichtigsten Schattierungen der Scharia verfasst. Dessen Lektüre ist Pflicht für jeden, dem ernsthaft an der Integration gelegen ist.“ (Andreas Zielke, Süddeutsche Zeitung) „Wer Aufklärung verschenken will, möge zum christlichsten aller Feste das Buch von Matthias Rohe unter den Baum legen. (...) Es hat das Zeug zu einem Standardwerk. Und es füllt eine Lücke, die Missverständnisse und die einseitige Wahrnehmung konservativer Islamauslegung reißen.“ (Thoralf Schwanitz, Andreas Kurz, Financial Times Deutschland)
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European and International Media Law

Liberal Democracy, Trade, and the New Media

Author: Perry Keller

Publisher: Oxford University Press

ISBN: 0198268556

Category: Business & Economics

Page: 495

View: 9037

Liberal Democracy and the New Media is about the relationship between the media and the liberal democratic state, which is changing rapidly under the pressures of a global communications revolution. The book uses European and international law and policy to examine how that once intimate relationship is being transformed. The Media and the State explores key contemporary media issues, including the protection of cultural diversity, the promotion ofpluralism and other democratic media policies, the safeguard of state information, the protection of reputation and privacy, and the control of harmful and offensive content. It captures the extraordinary impact ofthe liberal media model on European and international law as well as exploring its profound weaknesses.
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Law and Religion in Public Life

The Contemporary Debate

Author: Nadirsyah Hosen,Richard Mohr

Publisher: Taylor & Francis

ISBN: 1136725849

Category: Law

Page: 288

View: 2408

The book is unique in bringing together leading scholars and respected religious leaders to address contemporary issues in the relationship of law, religion and the state. The book highlights the interaction between secular law and religion with particular attention being given to the implications for law and society, religious tolerance and freedom. The book focuses on the practical and topical issues that have arisen in recent years in Australia. As one of the most ethnically diverse countries in the world, a pioneer of multicutural policies in immigration and social justice, Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism., issues that are affecting much of the globe.
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The Religion of Law

Race, Citizenship and Children's Belonging

Author: Suhraiya Jivraj

Publisher: Palgrave Macmillan

ISBN: 1137029285

Category: Law

Page: 216

View: 6282

How is religion, particularly non-Christianness, conceptualised and represented in English law? What is the relationship between religion, race, ethnicity and culture in these conceptualisations? What might be the socio-political effects of conceptualising religion in particular ways? This book addresses these key questions in two areas of law relating to children. The first case study focuses on child welfare cases and reveals how the boundaries between race and theological notions of religion as belief and practice are blurred. Non-Christians are also often perceived as uncivilized but also, at times, racial otherness can be erased and assimilated. The second examines religion in education and the increasing focus on 'common values'. It demonstrates how non-Christian faith schools are deemed as in need of regulation, while Christian schools are the benchmark of good citizenship. In addition, values discourse and citizenship education provide a means to 'de-racialise' non-Christian children in the ongoing construction of the nation. Central to this analysis is a focus on religion as a socio-political, contingent, fluid and invented concept.
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The Concept of Discrimination in International Law

With Special Reference to Human Rights

Author: E.W. Vierdag

Publisher: Springer Science & Business Media

ISBN: 9401024308

Category: Law

Page: 176

View: 4967

This book was written as a dissertation for the Doctorate of Laws, University of Amsterdam. I am most grateful, first of all, to Professor A. J. P. Tammes, who acted as Promotor. Throughout my working at this study he managed to afford at the same time guidance, inspiration, and complete freedom. I have also benefited much from the suggestions and advice of Dr. Th. e. van Boven of the Dutch Ministry of Foreign Affairs, Member of the U.N. Commission on Human Rights, who was a very helpful Co referent. In earlier stages of the work, the critical remarks by Mr. S. A. Kuipers, Dr. H. Meijers and Miss J. M. van Wouw were of great im portance to me. So was the experience of participating in the program of graduate studies of the Columbia University School of Law, in I968- I969. lowe gratitude to the Amsterdam Law Faculty for having offered this opportunity to me. I am indebted to Miss Sinja Alma for her transforming a chaotic manuscript into a neat typescript in a most capable and patient manner; to Miss E. D. ]. ]ongens for her assistance in sorting out the United Nations documentation; and to Howard S. Gold (Gersono vitch), who was so kind as to correct the faults in my English. Since I went on tinkering with the text I am to blame for all linguistic errors in it. The research for this study was concluded in October, I972.
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Crime Wars: The Global Intersection of Crime, Political Violence, and International Law

The Global Intersection of Crime, Political Violence, and International Law

Author: Paul Battersby,Joseph M. Siracusa,Sasho Ripiloski

Publisher: ABC-CLIO

ISBN: 0313391483

Category: Political Science

Page: 218

View: 9657

This expert analysis addresses the many interconnections between political violence and crime, including the transnational crimes of non-state actors and the international crimes of states.
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