State Religion Relationships And Human Rights Law

Author : Jeroen Temperman
Publisher : BRILL
ISBN 13 : 9004181482
Total Pages : 441 pages
Book Rating : 4.89/5 ( download)

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Download or read book State-Religion Relationships and Human Rights Law written by Jeroen Temperman and published by BRILL. This book was released on 2010 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : John Witte
Publisher : OUP USA
ISBN 13 : 0199733449
Total Pages : 412 pages
Book Rating : 4.46/5 ( download)

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Download or read book Religion and Human Rights written by John Witte and published by OUP USA. This book was released on 2012 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Rinaldo Cristofori
Publisher : Routledge
ISBN 13 : 1317107837
Total Pages : 406 pages
Book Rating : 4.35/5 ( download)

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Download or read book Law and Religion in the 21st Century written by Rinaldo Cristofori and published by Routledge. This book was released on 2016-04-15 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Nehal Bhuta
Publisher : Oxford University Press
ISBN 13 : 0192540092
Total Pages : 298 pages
Book Rating : 4.96/5 ( download)

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Download or read book Freedom of Religion, Secularism, and Human Rights written by Nehal Bhuta and published by Oxford University Press. This book was released on 2019-01-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Javaid Rehman
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900415826X
Total Pages : 593 pages
Book Rating : 4.69/5 ( download)

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Download or read book Religion, Human Rights and International Law written by Javaid Rehman and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : W. Cole Durham, Jr.
Publisher : Routledge
ISBN 13 : 1317068084
Total Pages : 214 pages
Book Rating : 4.82/5 ( download)

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Download or read book Religion and Equality written by W. Cole Durham, Jr. and published by Routledge. This book was released on 2016-05-26 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : John Witte Jr.
Publisher : Oxford University Press
ISBN 13 : 019991334X
Total Pages : 416 pages
Book Rating : 4.43/5 ( download)

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Download or read book Religion and Human Rights written by John Witte Jr. and published by Oxford University Press. This book was released on 2011-11-24 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between religion and human rights is both complex and inextricable. While most of the world's religions have supported violence, repression, and prejudice, each has also played a crucial role in the modern struggle for universal human rights. Most importantly, religions provide the essential sources and scales of dignity and responsibility, shame and respect, restraint and regret, restitution and reconciliation that a human rights regime needs to survive and flourish in any culture. With contributions by a score of leading experts, Religion and Human Rights provides authoritative and accessible assessments of the contributions of Judaism, Christianity, Islam, Hinduism, Confucianism, Buddhism, and Indigenous religions to the development of the ideas and institutions of human rights. It also probes the major human rights issues that confront religious individuals and communities around the world today, and the main challenges that the world's religions will pose to the human rights regime in the future.

Author : Jean L. Cohen
Publisher : Columbia University Press
ISBN 13 : 0231540736
Total Pages : 465 pages
Book Rating : 4.35/5 ( download)

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Download or read book Religion, Secularism, and Constitutional Democracy written by Jean L. Cohen and published by Columbia University Press. This book was released on 2015-12-22 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Author : Andras Koltay
Publisher : Oxford Legal Publishing
ISBN 13 : 9781912142378
Total Pages : 314 pages
Book Rating : 4.76/5 ( download)

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Download or read book The Troubled Relationship Between Religions and the State written by Andras Koltay and published by Oxford Legal Publishing. This book was released on 2021-12-24 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Francis-Vincent Anthony
Publisher : Springer Nature
ISBN 13 : 3031339983
Total Pages : 285 pages
Book Rating : 4.81/5 ( download)

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Download or read book Human Rights and the Separation of State and Religion written by Francis-Vincent Anthony and published by Springer Nature. This book was released on 2023-08-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.