Religions, Beliefs, and Education in the European Court of Human Rights PDF Download
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Author: Nigel Fancourt
Publisher:
ISBN: 9781032493312
Category : Christian education
Languages : en
Pages : 0
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Book Description
"This book represents an exposition of 'judicial pedagogies' as a new concept, and discusses juridical-educational issues in detail, through an analysis of the educational claims and assumptions of judges' decisions in the European Court of Human Rights (ECtHR). It sheds light on how, within courtrooms around the world, judges are increasingly being asked to decide upon issues of religion and belief in schooling, whether about admissions policies, curriculum planning, or pupils' and teachers' dress and jewellery. With key human rights principles are at stake, these proceedings are often fraught, clashing with strong opinions about education and schooling. Focusing on decisions made in the European Court of Human Rights (ECtHR), the author considers how the supranational court looks at these issues, and considers the ECtHR's role within the European Education space. Drawing upon research and scholarship surrounding these questions, the book surveys a series of educational issues, including curriculum and assessment, and takes a comparative approach in the discussion of case studies to demonstrate the variety and depth of judges' thinking. Thus, rather than considering the national or supranational legal principles and questions as jurisprudential issues, typically about religion or human rights, it reviews them from an educational perspective - as 'folk' theories of teaching and learning. Finally, it considers the implications of a theory of judicial pedagogy for the courts' educational competence in deciding on these matters, for education and educational policy research, the European education space, legal scholarship, and for legal and judicial education. Developing a novel and innovative approach to the pedagogies at play in a courtroom and providing fresh insights into the courts as agents of social change, it will appeal to scholars and researchers working across the disciplines of education, law, and religious studies"--
Author: Nigel Fancourt
Publisher:
ISBN: 9781032493312
Category : Christian education
Languages : en
Pages : 0
Get Book Here
Book Description
"This book represents an exposition of 'judicial pedagogies' as a new concept, and discusses juridical-educational issues in detail, through an analysis of the educational claims and assumptions of judges' decisions in the European Court of Human Rights (ECtHR). It sheds light on how, within courtrooms around the world, judges are increasingly being asked to decide upon issues of religion and belief in schooling, whether about admissions policies, curriculum planning, or pupils' and teachers' dress and jewellery. With key human rights principles are at stake, these proceedings are often fraught, clashing with strong opinions about education and schooling. Focusing on decisions made in the European Court of Human Rights (ECtHR), the author considers how the supranational court looks at these issues, and considers the ECtHR's role within the European Education space. Drawing upon research and scholarship surrounding these questions, the book surveys a series of educational issues, including curriculum and assessment, and takes a comparative approach in the discussion of case studies to demonstrate the variety and depth of judges' thinking. Thus, rather than considering the national or supranational legal principles and questions as jurisprudential issues, typically about religion or human rights, it reviews them from an educational perspective - as 'folk' theories of teaching and learning. Finally, it considers the implications of a theory of judicial pedagogy for the courts' educational competence in deciding on these matters, for education and educational policy research, the European education space, legal scholarship, and for legal and judicial education. Developing a novel and innovative approach to the pedagogies at play in a courtroom and providing fresh insights into the courts as agents of social change, it will appeal to scholars and researchers working across the disciplines of education, law, and religious studies"--
Author: Dia Anagnostou
Publisher: Edinburgh University Press
ISBN: 0748670580
Category : Law
Languages : en
Pages : 256
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Book Description
Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Author: Jeroen Temperman
Publisher: BRILL
ISBN: 9004346902
Category : Law
Languages : en
Pages : 630
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Book Description
The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.
Author: Nigel Fancourt
Publisher: Taylor & Francis
ISBN: 1003851746
Category : Education
Languages : en
Pages : 220
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Book Description
The Routledge Research in Religion and Education series aims at advancing public understanding and dialogue on issues at the intersections of religion and education. These issues emerge in various venues and proposals are invited from work in any such arena: public or private education at elementary, secondary, or higher education institutions; non-school or community organizations and settings; and formal or informal organizations or groups with religion or spirituality as an integral part of their work. Book proposals are invited from diverse methodological approaches and theoretical and ideological perspectives. This series does not address the work of formal religious institutions including churches, synagogues, mosques, and temples. Rather, it focuses on the beliefs and values arising from all traditions as they come into contact with educational work in the public square. Please send proposals to Mike Waggoner (
[email protected]) and Alice Salt (
[email protected]).
Author: Dr Myriam Hunter-Henin
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497917
Category : Political Science
Languages : en
Pages : 410
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Book Description
This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. 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.
Author: Erica Howard
Publisher: Routledge
ISBN: 1136592121
Category : Education
Languages : en
Pages : 242
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Book Description
Written in accessible language, Law and the Wearing of Religious Symbols is a comprehensive analysis of a topical subject that is being widely debated across Europe. The book provides an overview of emerging case law from the European Court of Human Rights as well as from national courts and equality bodies in European countries on the wearing of religious symbols in educational settings. The author persuasively argues that bans on the wearing of religious symbols in educational institutions in Europe constitutes a breach of an individual’s human rights and contravenes existing anti-discrimination legislation. The book offers a discussion of developments in Europe, including the French ban on Islamic head scarves which came into force in April 2011. In addition to an in depth examination of recent bans, the book also assess the arguments used for imposing them as well as the legal claims that can potentially be made to challenge their validity. In doing this, the book will go beyond merely analysing the bans in place to suggest ways in which educational institutions can most fairly respond to requests for accommodation of the wearing of religious symbols and whether perhaps the adoption of other provisions or measures are necessary in order to improve the present situation. This book will be of particular interest to students and academics in the disciplines of law, human rights, political science, sociology and education, but will also be of considerable value to policy makers and educators as well.
Author: Anders Sjöborg
Publisher: Springer
ISBN: 3319540696
Category : Social Science
Languages : en
Pages : 212
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Book Description
This book examines the interconnectedness between religion, education, and human rights from an international perspective using an interdisciplinary approach. It deals with compulsory or secondary school education in different contexts, as well as higher education, and has as its common theme the multiplicity of secularisms in different national contexts. Presenting rich cases, the contributions include empirical and theoretical perspectives on how international trends of migration and cultural diversity, as well as judicialization of social and political processes, and rapid religious and social changes come into play as societies find their way in an increasingly diverse context. The book contains chapters that present case studies on how confessional or non-confessional Religious Education (RE) at schools in different societal contexts is related to the concept of universal human rights. It presents cases studies that display an intriguing array of problems that point to the role of religion in the public sphere and show that historical contexts play important and different roles. Other contributions deal with higher education, where one questions how human rights as a concept and as discourse is taught and examines whether withdrawing from certain clinical training when in university education to become a medical doctor or a midwife on the grounds of conscientious objections can be claimed as a human right. From a judicial point of view one chapter discerns the construction of the concept of religion in the Swedish Education Act, in relation to the Swedish constitution as well European legislation. Finally, an empirical study comparing data from young people in six different countries in three continents investigates factors that explain attitudes towards human rights.
Author: Myriam Hunter-Henin
Publisher: Routledge
ISBN: 1317107357
Category : Political Science
Languages : en
Pages : 410
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Book Description
This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. 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.
Author: Jeroen Temperman
Publisher: Cambridge University Press
ISBN: 1108416918
Category : Law
Languages : en
Pages : 771
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Book Description
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
Author: Silvio Ferrari
Publisher: Routledge
ISBN: 1317067533
Category : Religion
Languages : en
Pages : 408
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Book Description
This timely volume discusses the much debated and controversial subject of the presence of religion in the public sphere. The book is divided in three sections. In the first the public/private distinction is studied mainly from a theoretical point of view, through the contributions of lawyers, philosophers and sociologists. In the following sections their proposals are tested through the analysis of two case studies, religious dress codes and places of worship. These sections include discussions on some of the most controversial recent cases from around Europe with contributions from some of the leading experts in the area of law and religion. Covering a range of very different European countries including Turkey, the UK, Italy and Bulgaria, the book uses comparative case studies to illustrate how practice varies significantly even within Europe. It reveals how familiarization with religious and philosophical diversity in Europe should lead to the modification of legal frameworks historically designed to accommodate majority religions. This in turn should give rise to recognition of new groups and communities and eventually, a more adequate response to the plurality of religions and beliefs in European society.
