State-Religion Relationships and Human Rights Law PDF Download
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Author: Jeroen Temperman
Publisher: BRILL
ISBN: 9004181482
Category : Law
Languages : en
Pages : 441
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Book Description
This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people s fundamental right to be governed, at all times, in a religiously neutral manner. As this book demonstrates through the various case studies there is increasing interest and concern at the manner in which questions concerning the enjoyment of the right to the freedom of religion or belief bear upon key questions concerning the governance of democratic society. Issues raised involve matters concerning employment, education, expression, association and, more generally, the interface between religion and political life. The existing literature often traces these concerns back to the need to consider the place of religion in contemporary society but leaves matters there. Another body of academic literature explores the theoretical dimensions of that relationship but fails to connect it to the practice of states in order to test out the propositions which are the product of these reflections. The great virtue of this work is that is seeks to unite these various enterprises and engages head on with the challenges which this produces The aim is to demonstrate and illustrate the key contention: that there is an emergent right to religiously neutral governance, and that this is incompatible with the continuation of systems which offer preference to particular forms of belief system religious or otherwise. A chief virtue of this book is that it works through the consequences of this claim in a fearless fashion, posing challenges for those states which continue to use their legal frameworks to offer support (directly or indirectly) for historical, dominant or favoured forms of religion or belief. It challenges received assumptions and, by driving the logic of contemporary human rights thinking to the foundations of state-religion relationships performs a valuable service for those engaging with this most difficult and timely of questions. Malcolm D. Evans, Professor of Public International Law, University of Bristol
Author: Jeroen Temperman
Publisher: BRILL
ISBN: 9004181482
Category : Law
Languages : en
Pages : 441
Get Book Here
Book Description
This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people s fundamental right to be governed, at all times, in a religiously neutral manner. As this book demonstrates through the various case studies there is increasing interest and concern at the manner in which questions concerning the enjoyment of the right to the freedom of religion or belief bear upon key questions concerning the governance of democratic society. Issues raised involve matters concerning employment, education, expression, association and, more generally, the interface between religion and political life. The existing literature often traces these concerns back to the need to consider the place of religion in contemporary society but leaves matters there. Another body of academic literature explores the theoretical dimensions of that relationship but fails to connect it to the practice of states in order to test out the propositions which are the product of these reflections. The great virtue of this work is that is seeks to unite these various enterprises and engages head on with the challenges which this produces The aim is to demonstrate and illustrate the key contention: that there is an emergent right to religiously neutral governance, and that this is incompatible with the continuation of systems which offer preference to particular forms of belief system religious or otherwise. A chief virtue of this book is that it works through the consequences of this claim in a fearless fashion, posing challenges for those states which continue to use their legal frameworks to offer support (directly or indirectly) for historical, dominant or favoured forms of religion or belief. It challenges received assumptions and, by driving the logic of contemporary human rights thinking to the foundations of state-religion relationships performs a valuable service for those engaging with this most difficult and timely of questions. Malcolm D. Evans, Professor of Public International Law, University of Bristol
Author: Javaid Rehman
Publisher: Martinus Nijhoff Publishers
ISBN: 900415826X
Category : Religion
Languages : en
Pages : 593
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Book Description
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.
Author: Nehal Bhuta
Publisher: Oxford University Press
ISBN: 0192540092
Category : Law
Languages : en
Pages : 265
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Book Description
This interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.
Author: W. Cole Durham Jr
Publisher: Routledge
ISBN: 9780367704469
Category : Freedom of religion
Languages : en
Pages : 0
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Book Description
This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. It will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.
Author: Natan Lerner
Publisher: Martinus Nijhoff Publishers
ISBN: 900423215X
Category : Social Science
Languages : en
Pages : 307
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Book Description
Intended for law schools, human rights scholars and activists, and international organizations, this book discusses the legal meaning of religion and belief, the UN work in this respect, religious minorities, the issues of proselytism, religion and terrorism, the use of religious symbols, international criminal law, and other relevant issues.
Author: John Witte
Publisher: OUP USA
ISBN: 0199733449
Category : Political Science
Languages : en
Pages : 412
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Book Description
This volume examines the relationship between religion and human rights in seven major religious traditions, as well as key legal concepts, contemporary issues, and relationships among religion, state, and society in the areas of human rights and religious freedom.
Author: Mark W. Janis
Publisher: BRILL
ISBN: 9047413407
Category : Law
Languages : en
Pages : 533
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Book Description
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: András Koltay
Publisher:
ISBN: 9781912142040
Category : Law
Languages : en
Pages : 314
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Book Description
" ... discusses the legal debates surrounding the use of religious symbols in schools, public places and media advertising, the freedom of the state in integrating religious studies in public education, the limitations on wearing religious clothing and symbols and the restriction of blasphemy laws"--Publisher's website.
Author: Nedim Begović
Publisher: Routledge
ISBN: 1000516369
Category : Law
Languages : en
Pages : 170
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Book Description
This book explores relations between state, religion and law in Bosnia and Herzegovina. Historically, multi-religiousness has been a constant feature of the Bosnian polity, from its creation in 12th century until modern times. Since the middle of the 19th Century, Catholics have tended to self-identify as Croats, Orthodox Christians as Serbs, and Muslims as Bosniaks. Moreover, in a region that has undergone significant recent transformation, from the communist to the liberal political system, Bosnia and Herzegovina represents a very interesting case for the study of the relationship between state and religion. This book includes a short overview of historical aspects of these relations and a detailed analysis of the existing constitutional and legal framework on freedom of religion and relations between the state and religious communities. It assesses the actual implementation in practice, including the relevant national courts’ case-law. The work covers both the developments of new legal standards, while also identifying the main obstacles in their implementation. At a time when the region is again the subject of much interest, this book will be essential reading for those working in the areas of Law and Religion, Constitutional Law and Transitional Justice.
Author: Ioana Cismas
Publisher: OUP Oxford
ISBN: 019102189X
Category : Law
Languages : en
Pages : 401
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Book Description
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.
