The Protections For Religious Rights
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The Protections For Religious Rights
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Author : Sir James Dingemans
language : en
Publisher: OUP Oxford
Release Date : 2013-10
The Protections For Religious Rights written by Sir James Dingemans and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10 with Political Science categories.
A full and practical assessment of protection of religious rights in the UK and internationally, including evaluation of international instruments, and comparative perspectives from the US, Canada, South Africa, Australia, India, Ireland, New Zealand, and Turkey, as well as appendices full of key legal material.
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.
Protections For Religious Rights
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Author : James Dingemans
language : en
Publisher:
Release Date : 2013
Protections For Religious Rights written by James Dingemans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
The Protections for Religious Rights is the first practitioner work to offer a full and systematic treatment of the law as it pertains to religious rights in the UK and abroad. A practical working aid to a sensitive and important area of increasing litigation and public debate, this text examines the applicable legal instruments, considers the current state of the law, and reviews domestic, comparative, and international case law to provide a comprehensive reference resource thatinforms on all matters of significance in this area. The protections for religious rights in the UK are rooted in in.
Equality Freedom And Religion
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Author : Roger Trigg
language : en
Publisher: Oxford University Press
Release Date : 2012-01-05
Equality Freedom And Religion written by Roger Trigg 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 2012-01-05 with Religion categories.
Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.
Religious Human Rights In Global Perspective Legal Perspectives
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Author : Johan David Van der Vyver
language : en
Publisher: John Wiley & Sons
Release Date : 1996-02-09
Religious Human Rights In Global Perspective Legal Perspectives written by Johan David Van der Vyver and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-02-09 with History categories.
In this Dickensian century' of human rights, the world has cultivated the best of religious rights protections, but witnessed the worst of religious rights abuses. In this volume, Jimmy Carter, John T. Noonan, Jr., and a score of leading jurists assess critically and comparatively the religious rights laws and practices of the international community and of selected states in the Atlantic continents. This volume and its companion "Religious Human Rights in Global" "Perspective: Religious Perspectives" are products of an ongoing project on religion, human rights and democracy undertaken by the Law and Religion Program at Emory University.
Religious Freedom Religious Discrimination And The Workplace
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Author : Lucy Vickers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-04-09
Religious Freedom Religious Discrimination And The Workplace written by Lucy Vickers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-09 with Law categories.
The book considers the extent to which religious interests are protected in the workplace, with particular reference to the protection against religious discrimination provided by the Employment Equality (Religion and Belief) Regulations 2003. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion. Discrimination on grounds of religion and belief within the workplace raises many complex and contested issues, not least because of the multi-faceted nature of religious discrimination. Discrimination can occur where secular employers refuse to employ or accommodate religious employees, as well as where religious groups refuse to employ those of a different religion, or those of the same religion whose interpretation or practice of the faith differs. Adding to the complexity is the fact that freedom of religion is protected as a fundamental human right which may be enjoyed by both religious individuals and religious groups. Although it is not an absolute right, its importance to individuals means that religious freedom may warrant a degree of protection in the work context. The book begins with a study of the basis for protecting religious freedom and considers the extent to which that right should be exercised in specialised context of the workplace. It takes a comparative approach, considering the position in other common law jurisdictions, and within the European Union. It locates the debate surrounding these issues within a philosophical and theoretical framework in which the importance of freedom of religion, and its role within the workplace is fully debated.
Legal Protection Of Religious Freedom In Australia
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Author : Carolyn Maree Evans
language : en
Publisher:
Release Date : 2012
Legal Protection Of Religious Freedom In Australia written by Carolyn Maree Evans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
The role and place of religion in Australia has become more contested and controversial in recent years. This important new book examines the extent to which religious freedom is protected in Australian law and explores some of the many ways in which the law and religion intersect. Through a series of case studies, Evans demonstrates the complex nature of the regulation of religion and the difficulties in reconciling competing claims from those who argue that religion is under attack and those who argue that religion is given too much power to undermine the rights of others. In a balanced and insightful manner, Evans explains the legal dimension to issues such as the religious vilification laws, the extent to which religious organizations are bound by discrimination laws, and the use of oaths in courtrooms. Evans brings together into a single volume, a wealth of information and insight that will appeal both to professional who need to deal with religious issues in a legal context and also the reader who is interested in the role of religion in Australian law and society.
Freedom Of Religion Or Belief
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Author : Heiner Bielefeldt
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
Freedom Of Religion Or Belief written by Heiner Bielefeldt 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 2016-01-21 with Law categories.
Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of religion or belief is a key human right: the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodies (for example the Human Rights Committee, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. Freedom of Religion or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur's framework for communications, the commentary analyses, for example, the limitations on the wearing of religious symbols and vulnerable situations, including those of women, detainees, refugees, children, minorities and migrants, through a combination of scholarly expertise and practical experience.
The Right To Religious Freedom In International Law
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Author : Anat Scolnicov
language : en
Publisher: Routledge
Release Date : 2010-10-18
The Right To Religious Freedom In International Law written by Anat Scolnicov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-18 with Law categories.
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.
Religious Freedom And Gay Rights
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Author : Timothy Samuel Shah
language : en
Publisher: Oxford University Press
Release Date : 2016
Religious Freedom And Gay Rights written by Timothy Samuel Shah 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 2016 with Political Science categories.
In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. The eye of this conflict is the debate over claims of religious freedom, on one hand, and claims of equal rights for lesbian, gay, bisexual, and transgender (LGBT) people, on the other. As new rights for LGBT people have expanded in liberal democracies across the West, many advocates of religious freedom claim that their rights - such as the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have experienced a corresponding decline. In Religious Freedom and Gay Rights, editors Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman bring together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three geographic regions: the United States, the United Kingdom, and continental Europe. The result is a thoughtful inquiry into the legal and moral frameworks that govern tensions between gay rights and religious freedom and the political controversies that these tensions have produced. -- from back cover.