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Author: Anat Scolnicov
Publisher: Routledge
ISBN: 113690705X
Category : Law
Languages : en
Pages : 383
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Book Description
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: Anat Scolnicov
Publisher: Routledge
ISBN: 113690705X
Category : Law
Languages : en
Pages : 383
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Book Description
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
Publisher: Oxford University Press
ISBN: 0198703988
Category : Law
Languages : en
Pages : 701
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Book Description
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
Author: Sylvie Langlaude
Publisher: Martinus Nijhoff Publishers
ISBN: 9004162666
Category : Law
Languages : en
Pages : 322
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Book Description
Religious children -- A model of the right of the child to religious freedom -- The ICCPR -- The UNCRC -- The special rapporteur -- The ECHR
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: Fabienne Bretscher
Publisher: Routledge
ISBN: 0429559178
Category : Law
Languages : en
Pages : 251
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Book Description
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: Malcolm D. Evans
Publisher: Cambridge University Press
ISBN: 9780521047616
Category : Law
Languages : en
Pages : 432
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Book Description
Malcolm Evans's account of the protection of religious liberty under international law in Europe.
Author: Robert Uerpmann-Wittzack
Publisher: BRILL
ISBN: 9004349154
Category : Law
Languages : fr
Pages : 397
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Book Description
Growing religious antagonisms are challenging the ultimate goal of ‘living together’ in peaceful societies. Living together explores international law responses, beginning with their historic roots, before the perspective shifts to the role of religious institutions and religious law. Contributions of different human rights bodies are analyzed, before further sections deal with the international protection of religion, the relationship between religious beliefs and freedom of expression, and the roles of other individual rights. Religion and International Law originates from the long-standing cooperation between the German and the French Societies of International Law, thus bringing together the traditions of French laicism and a cooperative German approach. Experts from Austria, Italy, Poland, Portugal and the UK complement the pan-European perspective.
Author: Pasquale Annicchino
Publisher: Routledge
ISBN: 1351858025
Category : Law
Languages : en
Pages : 183
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Book Description
This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.
Author: Brett G. Scharffs
Publisher: Routledge
ISBN: 1351369717
Category : Law
Languages : en
Pages : 411
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Book Description
This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.
Author: Paul M. Taylor
Publisher:
ISBN: 0511134088
Category : Law
Languages : en
Pages : 437
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Book Description
A critique of the treatment of the right to freedom of religion within the UN and Europe, first published in 2005.
