Toleration and the Right to Freedom of Religion in Education

2021 ◽  
pp. 1-20
Author(s):  
Zdenko Kodelja
Keyword(s):  
Freedom Of Religion ◽  
The Right

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

The Umma in Italy: Eurocentric Pluralism, Local Legislation, Courts’ Decisions. How to Make the Right to Worship Real

2019 ◽  
Vol 9 (1) ◽  
pp. 3-20
Author(s):  
Giancarlo Anello
Keyword(s):  
Religious Freedom ◽  
Basic Assumption ◽  
Northern Italy ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
Veneto Region ◽  
Lombardy Region ◽  
Muslims In Europe ◽  
The Right ◽  
Muslim Minorities

Abstract The article describes the making of the right of worship of Muslim minorities in Europe and its current difficulties, presenting and commenting on the emblematic example of local legislation concerning the building of new mosques in northern Italy. Controlling norms arise from recent decisions of the Italian Constitutional Court. The Court declared unconstitutional certain provisions of two regional laws approved by the Lombardy region (2/2015) and the Veneto region (12/2016), which imposed very strict conditions for the opening, approval and use of mosques. In particular, the Court declared unconstitutional norms that—with regard to the building of places of worship—introduced certain conditions for groups with an agreement with the State and different conditions for those without. Moreover, the Court declared unconstitutional the principle that all religious services that take place in a building open to public should be conducted in Italian. The basic assumption of the article is that current discrimination is the combined result of anti-migration sentiment and Islamophobic prejudices, and the consequence of the Eurocentric nature of the principle of religious freedom. A historically-oriented pluralism and multilevel (national) enforcement of freedom of religion seem to be huge obstacles to the implementation of the right to worship for Muslims in Europe and Italy.

scholarly journals Framework of communication needed to protect against human rights violations of individuals who exercise their right to religious freedom in minority religions

2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Stephanus P. Pretorius
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
World Peace ◽  
Special Rapporteur ◽  
International Level ◽  
Minority Religions ◽  
Religious Intolerance ◽  
The Right ◽  
The Relationship

The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.

scholarly journals Theory and Practice of the Realization of the Right to Freedom of Religion: All-Ukrainian and Regional Contexts

2013 ◽  
pp. 5-10
Author(s):  
Liudmyla O. Fylypovych
Keyword(s):  
Theory And Practice ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activities ◽  
Freedom Of Conscience ◽  
The Law ◽  
The Right

The right to freedom of religion is enshrined in the Constitution of Ukraine and the Law of Ukraine on Freedom of Conscience and religious organizations. Article 35 of the Constitution of Ukraine states that this right includes the freedom to profess any religion or not to profess any, to freely send individually or collectively religious ceremonies, to conduct religious activities.

scholarly journals Barns rett til religionsfrihet

Prismet ◽  
1970 ◽  
pp. 273-287
Author(s):  
Rune Øystese
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
Best Interest ◽  
Children And Parents ◽  
The Right

This article discusses whether there is a tension between granting children freedom of religion and giving the parents the right to decide over the upbringing of their children. It presents what Norwegian law, which has incorporated several UN Human Rights conventions, has to say about this. It also discusses whether the interpretation presented can be in the best interest of the child. The last part addresses how parents can give their children a sound religious upbringing and still give them the freedom to choose their own faith.Keywords: Rights of children and parents, Religious freedom, Religious upbringingNøkkelord: Barn og foreldres rettigheter, religiøs frihet, religiøs oppdragelse,

Passive Proselytism

2021 ◽  
Vol 9 (2-3) ◽  
pp. 244-269
Author(s):  
Christine Carpenter
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Freedom Of Religion ◽  
Article 9 ◽  
European Court ◽  
The Right

Abstract Article 9 of the European Convention on Human Rights protects the right to freedom of religion and conscience. The language of Article 9(1) has been interpreted by the European Court of Human Rights as including protections for acts of proselytism, when properly committed and respectful of the rights and freedoms of others. This was the view taken in the foundational Article 9 case of the Court, Kokkinakis v. Greece. In the decades since Kokkinakis, however, the view of the Court on proselytism appears to have shifted, in particular in Article 9 cases involving religious garments. This article seeks to determine whether the Court is consistent in its views on proselytism between these religious garment cases and earlier examples of Article 9 case law.

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