Legal Code Of Religious Minority Rights
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Legal Code Of Religious Minority Rights
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Author : Daniele Ferrari
language : en
Publisher: Routledge
Release Date : 2021-08-12
Legal Code Of Religious Minority Rights written by Daniele Ferrari and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.
This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities’ rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.
The European Court Of Human Rights And Minority Religions
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Author : Effie Fokas
language : en
Publisher: Routledge
Release Date : 2020-04-28
The European Court Of Human Rights And Minority Religions written by Effie Fokas and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-28 with Social Science categories.
This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court’s case law dealing with religious minority claims (exploring their clarity and consistency – or lack thereof – and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage ‘nationally’ and ‘culturally’ sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court’s religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level. The chapters in this book were originally published in Religion, State & Society, the Journal of Muslim Minority Affairs and Democratization.
Reactions To The Law By Minority Religions
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Author : Eileen Barker
language : en
Publisher: Routledge
Release Date : 2020-12-30
Reactions To The Law By Minority Religions written by Eileen Barker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-30 with Religion categories.
Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of religion and the law, new religious movements, minority religions and the sociology of religion.
Legal Path Dependence And The Long Arm Of The Religious State
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Author : Victor Asal
language : en
Publisher: SUNY Press
Release Date : 2016-10-20
Legal Path Dependence And The Long Arm Of The Religious State written by Victor Asal and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Political Science categories.
Examines the historical, legal, and religious reasons that underlie harsh legal penalties and discrimination against sexual minority communities in certain countries. Bringing together theoretical perspectives from both comparative politics and public law, this book examines the reasons why certain countries criminalize same-sex activities while others have carved into law the requirement that sexual minority communities be protected. The authors break new ground by using cross-national yearly data over decadesfocusing on sodomy laws, death penalty provisions for same-sex sexual relations, and sexual discrimination practicesto develop a Gay Rights Index comparing treatment of such groups in various parts of the world. The book includes legal and large-N analyses, historical examples, and case studies underscoring important changes and key trends during the last several decades. Also highlighted are the significant human rights violations still being committed in various parts of the world against sexual minorities, and the continuing role religion plays.
Protecting The Religious Freedom Of New Minorities In International Law
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Author : Fabienne Bretscher
language : en
Publisher: Routledge
Release Date : 2019-09-19
Protecting The Religious Freedom Of New Minorities In International Law written by Fabienne Bretscher and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-19 with Law categories.
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.
Religious Minorities In Pakistan
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Author : Iftikhar Haider Malik
language : en
Publisher: Conran Octopus
Release Date : 2002
Religious Minorities In Pakistan written by Iftikhar Haider Malik and has been published by Conran Octopus this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Political Science categories.
The Ambiguous Relationship Between Religious Minorities And Fundamental Minority Rights
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Author : Kristin Henrard
language : en
Publisher: Eleven International Pub
Release Date : 2011
The Ambiguous Relationship Between Religious Minorities And Fundamental Minority Rights written by Kristin Henrard and has been published by Eleven International Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
On October 29, 2010, Kristin Henrard accepted the position of extraordinary professor on minority protection at the Erasmus School of Law, a chair which is funded by the Trustfonds of Erasmus University Rotterdam. This book contains Henrard's inaugural speech. Henrard first revisits the relationship between and temporal evolution of general human rights and special minority-specific rights, by showing how fundamental rights were originally conceived for and tailored towards the needs of religious minorities. In the second part, Henrard exposes the ambiguous relationship between religious minorities and fundamental rights. Indeed, while religious minorities, and the protection they were considered to need, may have triggered the emergence of both general human rights and special minority rights, subsequently their special needs - in terms of human dignity, identity, and substantive equality - were neglected. Henrard consequently calls for a redress of the current imbalance - more particularly by a refinement of the existing norms.
Minority Rights In The Middle East
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Author : Joshua Castellino
language : en
Publisher: OUP Oxford
Release Date : 2013-04-25
Minority Rights In The Middle East written by Joshua Castellino and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-25 with Law categories.
Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.
Contentious Belonging
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Author : Greg Fealy
language : en
Publisher: ISEAS-Yusof Ishak Institute
Release Date : 2019-05-27
Contentious Belonging written by Greg Fealy and has been published by ISEAS-Yusof Ishak Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-27 with Social Science categories.
Contention has surrounded the status of minorities throughout Indonesian history. Two broad polarities are evident: one inclusive of minorities, regarding them as part of the nation’s rich complexity and a manifestation of its “Unity in Diversity” motto; the other exclusive, viewing with suspicion or disdain those communities or groups that differ from the perceived majority. State and community attitudes towards minorities have fluctuated over time. Some periods have been notable for the acceptance of minorities and protection of their rights, while others have been marked by anti-minority discrimination, marginalisation and sometimes violence. This book explores the complex historical and contemporary dimensions of Indonesia’s religious, ethnic, LGBT and disability minorities from a range of perspectives, including historical, legal, political, cultural, discursive and social. It addresses fundamental questions about Indonesia’s tolerance and acceptance of difference, and examines the extent to which diversity is embraced or suppressed.
Promoting And Protecting Minority Rights
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Author : United Nations
language : en
Publisher:
Release Date : 2012
Promoting And Protecting Minority Rights written by United Nations and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business & Economics categories.
"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.