Legal Code Of Religious Minority Rights

Author : Daniele Ferrari
Publisher : Routledge
ISBN 13 : 1000424006
Total Pages : 267 pages
Book Rating : 4.03/5 ( download)

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Download or read book Legal Code of Religious Minority Rights written by Daniele Ferrari and published by Routledge. This book was released on 2021-08-12 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Effie Fokas
Publisher : Routledge
ISBN 13 : 0429954409
Total Pages : 229 pages
Book Rating : 4.05/5 ( download)

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Download or read book The European Court of Human Rights and Minority Religions written by Effie Fokas and published by Routledge. This book was released on 2020-04-28 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Eileen Barker
Publisher : Routledge
ISBN 13 : 1000333248
Total Pages : 242 pages
Book Rating : 4.44/5 ( download)

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Download or read book Reactions to the Law by Minority Religions written by Eileen Barker and published by Routledge. This book was released on 2020-12-30 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Frank S. Ravitch
Publisher : UPNE
ISBN 13 : 9781555534776
Total Pages : 292 pages
Book Rating : 4.75/5 ( download)

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Download or read book School Prayer and Discrimination written by Frank S. Ravitch and published by UPNE. This book was released on 1999 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Frank Ravitch has written a fine book, one that offers a fair and thorough treatment of a difficult and vexing political and constitutional issue." Law and Politics Book Review

Author : Fabienne Bretscher
Publisher : Routledge
ISBN 13 : 0429559178
Total Pages : 273 pages
Book Rating : 4.74/5 ( download)

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Download or read book Protecting the Religious Freedom of New Minorities in International Law written by Fabienne Bretscher and published by Routledge. This book was released on 2019-09-19 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Kristin Henrard
Publisher : Eleven International Pub
ISBN 13 : 9789089745354
Total Pages : 115 pages
Book Rating : 4.51/5 ( download)

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Download or read book The Ambiguous Relationship Between Religious Minorities and Fundamental (minority) Rights written by Kristin Henrard and published by Eleven International Pub. This book was released on 2011 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Victor Asal
Publisher : State University of New York Press
ISBN 13 : 1438463251
Total Pages : 210 pages
Book Rating : 4.54/5 ( download)

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Download or read book Legal Path Dependence and the Long Arm of the Religious State written by Victor Asal and published by State University of New York Press. This book was released on 2016-10-12 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative examination of the political, historical, legal, and religious antecedents of penalties and discrimination against sexual minority groups around the world. 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 decades—focusing on sodomy laws, death penalty provisions for same-sex sexual relations, and sexual discrimination practices—to 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. Victor Asal is Chair of Public Administration and Associate Professor of Political Science at the University at Albany, State University of New York and the coauthor (with Paul G. Harwood) of Educating the First Digital Generation. Udi Sommer is Associate Professor of Political Science at Tel Aviv University and a member of both the Blavatnik Interdisciplinary Cyber Research Center and Israeli Young Academy. He is the author of Supreme Court Agenda Setting: Strategic Behavior During Case Selection.

Author : Louis Fisher
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.03/5 ( download)

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Download or read book Religious Liberty in America written by Louis Fisher and published by . This book was released on 2002 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often assumed that the judiciary—especially the Supreme Court—provides the best protection of our religious freedom. Louis Fisher, however, argues that only on occasion does the Court lead the charge for minority rights. More likely it is seen pulling up the rear. By contrast, Congress frequently acts to protect religious groups by exempting them from general laws on taxation, social security, military service, labor, and countless other statutes. Indeed, legislative action on behalf of religious freedom is an American success story, but one that renowned constitutional authority Fisher argues has been poorly understood by most of us. Taking in the full span of American history, Fisher demonstrates that over the course of two centuries of American government Congress has often been in the forefront of establishing and protecting rights that have been neglected, denied, or unrecognized by the Court-and that statutory provisions far outstrip, in both number and importance, the court cases that have expanded religious rights. In this concise and insightful book, Fisher presents a series of important case studies that explain how Supreme Court rulings on religious liberty have been challenged and countermanded by public pressures, legislation, and independent state action. He tells how religious groups interested in securing the rights of conscientious objectors received satisfaction by taking their cases to Congress, not the courts; how public uproar over a 1940 Supreme Court ruling sustaining compulsory flag-salutes resulted in a court reversal; and how Congress intervened in a 1986 ruling upholding a military prohibition of skullcaps for Jews. By describing other controversies such as school prayer, Indian religious freedom, the religious use of peyote, and statutory exemptions for religious organizations, Fisher convincingly demonstrates that we must understand the political and not just the judicial context for the safeguards that protect religious minorities. As this book shows, the origin and growth of an individual's right to believe or not believe—and the securing of that right—has occurred almost entirely outside the courtroom. Religious Liberty in America persuasively challenges judicial supremacists on church-state issues and provides a highly readable introduction for all students and citizens concerned with their right to believe as they wish.

Author : Heiner Bielefeldt
Publisher : Oxford University Press
ISBN 13 : 0191009199
Total Pages : 575 pages
Book Rating : 4.98/5 ( download)

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Download or read book Freedom of Religion or Belief written by Heiner Bielefeldt and published by Oxford University Press. This book was released on 2016-01-21 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author :
Publisher :
ISBN 13 :
Total Pages : 848 pages
Book Rating : 4.18/5 ( download)

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Download or read book Annual Report on International Religious Freedom 2007, February 2008, 110-2 Report, * written by and published by . This book was released on 2008 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: