State Religion Relationships And Human Rights Law


State Religion Relationships And Human Rights Law
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State Religion Relationships And Human Rights Law


State Religion Relationships And Human Rights Law
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Author : Jeroen Temperman
language : en
Publisher: BRILL
Release Date : 2010

State Religion Relationships And Human Rights Law written by Jeroen Temperman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.


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



Religion And Human Rights


Religion And Human Rights
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Author : John Witte
language : en
Publisher: OUP USA
Release Date : 2012

Religion And Human Rights written by John Witte and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Political Science categories.


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.



Law And Religion In The 21st Century


Law And Religion In The 21st Century
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Author : Rinaldo Cristofori
language : en
Publisher: Routledge
Release Date : 2016-04-15

Law And Religion In The 21st Century written by Rinaldo Cristofori and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Religion categories.


This book brings together leading international scholars of law and religion to provide an overview of current issues in State-religion relations. The first part of the collection offers a picture of recent developments in key countries and regions. The second part is focused on Europe and, in particular, on the Nordic States and the post-communist countries where State-religion systems have undergone most profound change. The third and final part is devoted to four issues that are currently debated all over the world: the relations between freedom of expression and freedom of religion; proselytism and the right to change religion; the religious symbols; and the legal status of Islam in Europe and Canada. The work will be a valuable resource for academics, students and policy-makers with an interest in the interaction between law and religion.



Religion Human Rights And International Law


Religion Human Rights And International Law
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Author : Javaid Rehman
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2007

Religion Human Rights And International Law written by Javaid Rehman and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Religion categories.


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.



The Troubled Relationship Between Religions And The State


The Troubled Relationship Between Religions And The State
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Author : Andras Koltay
language : en
Publisher: Oxford Legal Publishing
Release Date : 2021-12-24

The Troubled Relationship Between Religions And The State written by Andras Koltay and has been published by Oxford Legal Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-24 with categories.


The issues discussed in this book all stand at the crossroads of freedom of speech and freedom of religion. In some cases, the two rights clash when somebody practising their right to freedom of speech affects others' rights to freedom of religion, as in instances of blasphemy and hate speech. In other cases, the two rights, reinforcing one another, together provide protection for the individual. Not even this joint protection, however, is always sufficient to prevent state intervention, for example, the restriction of rights in wearing religious symbols or religious advertising rules. A question of a third type is when the state, or a state body, enters the public space and becomes the 'speaker' on matters of religion, in which case the state might be subject to special restrictions. Although their ideological and constitutional foundations seem stable, the extent of freedom of religion and freedom of speech have repeatedly been the subject of public debates because of social and political changes in a dynamically transforming Europe. Identifying the precise demarcation lines between these rights by means of the law is not a task that has been accomplished completely or for all time. The increasing rate of immigration, with a resulting involuntary cohabitation of various religious cultures, as well as the continual weakening of the Christian character of the continent make it critical to find the right responses to the questions discussed in this book, both in the individual European legal systems and at the level of the European community of states and of the European system of protecting human rights. The first and second chapters of the book discuss the appearance of religions in the public sphere and in public education. Traditionally, the state is not a subject of fundamental rights, and yet it takes a position on questions relating to religion, which-no matter how we explain it-is a type of 'speech'. This raises the question of how such speech can be restricted, or 'where are the limits on the "freedom of speech" of the state'? The role of the state might be to defend or even shape the community identity of its citizens. Chapters 3 and 4 discuss the restriction of opinions with religious content. Chapter 3 analyses the restrictions on wearing symbols and clothing imposed by both the state and private entities, whereas Chapter 4 discusses the regulation of publishing religious advertisements in the media. Unlike the issues related predominantly to Christianity discussed in the first two chapters, the questions of wearing symbols and clothing also involve the restrictions of opinions expressed by followers of Islam. Chapter 5 of the book is dedicated to questions relating to defamation of religions and blasphemy. The topicality and significance of these issues became obvious after the tragic events in Paris on January 2015, where many were killed in an attack against the editorial offices of the magazine Charlie Hebdo. The books touches upon certain types of conduct which are rooted in religious conviction and may have legal consequences, but which, in the absence of an expressive content, do not belong to the sphere of freedom of speech. Examples of this include doctors refusing to carry out an abortion, or registrars unwilling to administer the marriage of same-sex couples. since we do not regard such types of conduct as relating to the freedom of speech, they are not discussed in this book. Andras Koltay's seminal monograph tackles these and other issues. It is a magisterial work, possibly the best exposition of the subject available today.



Freedom Of Religion Secularism And Human Rights


Freedom Of Religion Secularism And Human Rights
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Author : Nehal Bhuta
language : en
Publisher: Oxford University Press
Release Date : 2019-01-24

Freedom Of Religion Secularism And Human Rights written by Nehal Bhuta and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-24 with Law categories.


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.



Human Rights And The Separation Of State And Religion


Human Rights And The Separation Of State And Religion
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Author : Francis-Vincent Anthony
language : en
Publisher: Springer Nature
Release Date : 2023-08-05

Human Rights And The Separation Of State And Religion written by Francis-Vincent Anthony and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-05 with Religion categories.


This text highlights key aspects of the religion/church-state relationship/debate, and related hitherto marginal topics. The contributions make clear that there is no clear blueprint for an optimal relationship between religion/church and state. Individual states and countries are analysed on the granular level for example, to address mono-religious against poly-religious as well as secular societies. Among others, chapters address education, migration and politics against religion as well as the effect of LGBTQ+ communities on religion and societies. This collected volume appeals to researchers, and students working in religious studies and political science.



Religion And Equality


Religion And Equality
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Author : W. Cole Durham, Jr.
language : en
Publisher: Routledge
Release Date : 2016-05-26

Religion And Equality written by W. Cole Durham, Jr. and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-26 with Religion categories.


This volume presents an analysis of controversial events and issues shaping a rapidly changing international legal, political, and social landscape. Leading scholars and experts in law, religious studies and international relations, thoughtfully consider issues and tensions arising in contemporary debates over religion and equality in many parts of the world. The book is in two parts. The first section focuses on the anti-discrimination dimension of religious freedom norms, examining the developing law on equality and human rights and how it operates at international and national levels. The second section provides a series of case studies exploring the contemporary issue of same-sex marriage and how it affects religious groups and believers. This collection will be of interest to academics and scholars of law, religious studies, political science, and sociology, as well as policymakers and legal practitioners.



Law And Religion In Contemporary Society


Law And Religion In Contemporary Society
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Author : Peter W. Edge
language : en
Publisher: Routledge
Release Date : 2017-09-08

Law And Religion In Contemporary Society written by Peter W. Edge and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Religion categories.


The relationship between law and religion has traditionally been analysed according to two basic paradigms. One has focused on the relationship between religious communities and the State (the Church/State paradigm), while the other has concentrated on the relationship between the State and the individual (the liberal-individualist or civil liberties paradigm). This book enriches the analysis of law and religion in society by emphasising a third and complementary analytical dimension involving the relationship between religious communities and religious individuals. In particular, the contributors explore the various facets of the multiple tensions that exist in the legal relationships between religious organisations, State and adherents in the period leading up to the third Christian millennium. Against the background of the complex and sometimes contradictory responses of religious organisations and the State to the Human Rights Act, this interdisciplinary collection draws on contributions from leading scholars active in the field of religious rights and the interaction of law and religion based in the UK, USA, Canada, New Zealand and elsewhere, and makes a timely and significant contribution to international debates in a variety of academic disciplines. Contributors explore international concerns over religious liberty, focusing particularly on the boundaries of ethnicity and religious community, the status of the 'established' Churches in the UK, and the proper place for religious organisations under generally applicable legal regimes of non-discrimination. Themes discussed are closely related to wider interests within legal and socio-legal studies involving gender, discrimination, equality, community and the nature and limits of individualism and individual legal rights.



Law And Religion In The Liberal State


Law And Religion In The Liberal State
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Author : Md Jahid Hossain Bhuiyan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-05-28

Law And Religion In The Liberal State written by Md Jahid Hossain Bhuiyan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-28 with Law categories.


The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.