The Blessings of Liberty

2021 ◽  
Author(s):  
John Witte, Jr.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Religious Freedom ◽  
Fundamental Rights ◽  
Legal Tradition ◽  
Complex Interplay ◽  
Religious Minorities ◽  
Legal Scholar ◽  
Religious Traditions

Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights.

Beyond Religious Freedom

2015 ◽  
Author(s):  
Elizabeth Shakman Hurd
Keyword(s):  
International Law ◽  
Religious Freedom ◽  
Nation Building ◽  
Global Politics ◽  
Power Dynamics ◽  
Religious Tolerance ◽  
Religious Minorities ◽  
Religious Difference ◽  
Power Difference ◽  
Ways Of Being

In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. This book argues that these initiatives create the very social tensions and divisions they are meant to overcome. It looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. It shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between “expert religion,” “governed religion,” and “lived religion,” the book charts new territory in the study of religion in global politics. The book provides new insights into today's most pressing dilemmas of power, difference, and governance.

scholarly journals THE CONCEPT OF RELIGIOUS FREEDOM: HISTORY AND MODERNITY

2020 ◽  
Vol 15 (1) ◽  
pp. 21-23
Author(s):  
Mariia Nesterova
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Dominant Role ◽  
Freedom Of Religion ◽  
National Interests ◽  
Important Place ◽  
Religious Traditions ◽  
Personal Rights ◽  
The Status ◽  
Human Rights Standards

The concept of religious freedom, the history of its development, the concept of religious freedom in acts of international organizations, as well as the legislation of Ukraine is considered. Human rights and freedoms do not depend on the socio-economic structure of the state and the level of its development. They should be provided to every person and guaranteed by the country. Constitution and national legislation. It should be noted that the relevance of the issue of international human rights standards (including religious freedom) has become much more acute for our country. No one should be subjected to coercion that diminishes his will to have or accept a religion or belief of his own choosing. Freedom to manifest religion or belief is subject only to restrictions established by law and necessary to protect public safety, order, health, and morals. The features of improvement and trends of changes in the understanding of religious freedom in different epochs and cultural and historical periods of the development of society are analyzed. For a meaningful understanding and clarification of all controversial issues related to the issues of freedom of religion, the origin and perception of it by thinkers and religious traditions of past centuries are considered. The problematic moments and promising achievements of the Ukrainian legislation in matters relating to religious freedom and the rights of believers are highlighted. Freedom of conscience and freedom of religion occupy an important place in the system of personal rights. Guaranteeing the equality of churches before the law, our state recognizes and abides by the provisions, none of them can claim a dominant role in society and the status of a state, and national interests should prevail over the interests of any religious organization.

International Law, the ECHR, and the EU

2021 ◽  
pp. 212-312
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Fundamental Rights ◽  
Special Importance ◽  
International Human Rights Law ◽  
Intergovernmental Organization ◽  
The United Nations ◽  
The Relationship ◽  
The Eu

This chapter focuses on the relationship between international law, the European Convention on Human Rights (ECHR), and the EU. International law features with respect to the EU both as an object of the EU's internal fundamental rights regime and as a source of human rights obligations. Whereas the latter reflects the original conception of international human rights law, the former is capable of generating unease due to the scope for contravening the principle of supremacy of international law. Moreover, although the ECHR can, in principle, be regarded as international law, it is of special importance to the legal order of the EU and its Member States, in addition to representing the most developed regional regime of human rights protection in the world. The specific character of the EU as neither a typical international (intergovernmental) organization nor a state often complicates the relationship with international law further. Nonetheless, Article 3(5) TEU requires the EU to contribute, in its international relations, ‘to the protection of human rights as well as the strict observance and the development of international law, including the respect for the principles of the United Nations Charter’. The chapter then looks at other Council of Europe instruments and the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD).

scholarly journals Views on Religious Freedom among Young People in Belarus and Norway: Similarities and Contrasts

Religions ◽  
2019 ◽  
Vol 10 (6) ◽  
pp. 361 ◽  
Author(s):  
Olga Breskaya ◽  
Pål Ketil Botvar
Keyword(s):  
Human Rights ◽  
Young People ◽  
Cultural Diversity ◽  
Religious Freedom ◽  
Theoretical Discussion ◽  
Religious Minorities ◽  
Democratic Regimes ◽  
Trust In Institutions ◽  
Country Analysis ◽  
International Research Project

The study of religious freedom has not received sufficient empirical attention from sociologists of religion, despite significant theoretical discussion of the governance of religious freedom. This article suggests empirical findings about the views on religious freedom in Belarus and Norway from the international research project “Religion and Human Rights.” The authors explore the effects of religiosity, spirituality, and cultural diversity on young people’s views of religious freedom in two countries. The comparative data from Belarus (N = 677) and Norway (N = 1001) examine patterns of attitudes towards religious freedom considering the effect of trust in institutions within democratic and non-democratic regimes. This two-country analysis reveals that religiosity, cultural diversity and trust in institutions exert a notable influence on religious freedom views in different ways in Belarus and Norway, on both non-religious young people and those from religious minorities.

scholarly journals Prześladowanie, dyskryminacja czy uprzedzenie? Taksonomia działań i zaniechań wymierzonych przeciwko wyznawcom religii

2021 ◽  
Author(s):  
Maria Moulin-Stozek
Keyword(s):  
Human Rights ◽  
Constitutional Law ◽  
Religious Beliefs ◽  
Religious Freedom ◽  
Religious Minorities ◽  
State Institutions ◽  
Adequate Response ◽  
State Actors ◽  
Democratic Societies

Some of the most important constitutional law principles of democratic societies include the principle of religious freedom and the principle of secularity. However, in many countries these principles are not being followed, which may lead to violations of human rights. Actions and omissions in this context may be carried out by state institutions, individuals and non-state actors and have wider societal consequences. For instance, state imposition of religious beliefs may affect not only the rights of religious minorities, but also other minorities and women. The purpose of this report is to create a taxonomy of these actions and omissions to help develop an adequate response. This report was requested by the Institute of Justice of the Ministry of Justice.

scholarly journals Religion, Constitution, and Human Rights: An Overview of Muslim Life and Religious Freedom in the United States

2021 ◽  
Vol 7 (2) ◽  
pp. 137
Author(s):  
Suci Ramadhan
Keyword(s):  
United States ◽  
Human Rights ◽  
Religious Freedom ◽  
Secondary Data ◽  
The United States ◽  
Fundamental Rights ◽  
United States Constitution ◽  
Primary Data ◽  
The Political ◽  
The Social

<p class="abstrak">The United States Constitution affirms that religious freedom is a fundamental human right regardless of religion. It is upheld by every citizen and the country. However, the political policies in a particular country are often considered to paralyze fundamental rights in religion, causing various problems in Muslim life at the social and political levels. This research aims to analyze the intersectional dynamic of religion, constitution, and Muslim human rights towards life and religious freedom in the United States. This qualitative research uses the lens of political approach. Primary data are taken from the United States Constitution and policies, and supported by secondary data from various books, scientific articles, and news. The results suggest that religious sentiment (Islam) is found in the political policies of the United States. Currently, unconstitutional and discriminative policies are gradually removed because it triggers the social and political chaos. The United States constitution strives towards a pluralist and multi-religious country rebuilding that is safe and peaceful for religion as guaranteed by the constitution. In fact, the public and political spaces have been occupied by many Muslims in an effort to resolve the problems of state and human rights, including the religious sentiment issues.</p>

scholarly journals The “Essence” of International Human Rights

2019 ◽  
Vol 20 (6) ◽  
pp. 924-939
Author(s):  
Pierre Thielbörger
Keyword(s):  
Human Rights ◽  
International Law ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Eu Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Socioeconomic Rights ◽  
International Human

AbstractWhile the “essence” of EU fundamental rights has received much attention following the CJEU’s Schrems decision, the concept of “essence” remains much less examined in international human rights law. Nonetheless, a concept of “essence” for human rights can also be found in international law. This Article discusses different aspects of the “essence” concept in international human rights law, namely non-derogability, non-restrictability, and minimum core, in three steps. First, the Article looks at civil political rights and socioeconomic rights separately and identifies two different approaches to the concept of essence for each of the two categories: While for civil and political rights the concept of essence is mainly linked to the notions of non-derogability and non-restrictability, for socioeconomic rights, the concept refers mainly to the states’ obligation to guarantee an essential level of protection independent of their resource limitations. Second, the Article continues by reading the two approaches together and identifies certain elements of an overarching “essence” concept. Finally, the Article discusses the relationship between the CJEU’s “essence” jurisprudence and the related concepts in international law and concludes with two theses: First, international law deserves more attention when reflecting on the EU’s concept of essence. It equally employs concepts of “essence” and also informs the development and interpretation of EU law. Second, when engaging with the question of whether the EU law should draw lessons from its international counterpart on the notion of “essence,” one must contemplate drawbacks for EU law that the concept has presented for international law.

Offensive Speech, Religion, and the Limits of the Law

2021 ◽  
Author(s):  
Nicholas Hatzis
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Public Discourse ◽  
Ethical Life ◽  
Religious Minorities ◽  
Self Reflection ◽  
The Government ◽  
The Right ◽  
Strong Claim ◽  
Offensive Speech

Is the government ever justified in restricting offensive speech? This question has become particularly important in relation to communications which offend the religious sensibilities of listeners. It is often argued that insulting a person’s beliefs is tantamount to disrespecting the believer; that insults are a form of hatred or intolerance; that the right to religious freedom includes a more specific right not to be insulted in one’s beliefs; that religious minorities have a particularly strong claim to be protected from offence; and that censorship of offensive speech is necessary for the prevention of social disorder and violence. None of those arguments is convincing. Offence is an unpleasant mental state caused when our expectations of being treated in a particular way are frustrated. Drawing on law and philosophy, the book argues that there is no moral right to be protected from offence and that, while freedom of religion is an important right which grounds negative and positive obligations for the state, it is unpersuasive to interpret constitutional and human rights provisions as including a right not to be caused offence. Rather, we have good reasons to think of public discourse as a space for the expression of all viewpoints about the ethical life, including those which some listeners will find offensive, as this is necessary to sustain a society’s capacity for self-reflection and change.

scholarly journals Integration reasoning at the ECtHR: Challenging the boundaries of minorities’ citizenship

2020 ◽  
Vol 38 (1) ◽  
pp. 55-74
Author(s):  
Kristin Henrard
Keyword(s):  
Human Rights ◽  
Public Schools ◽  
Public Space ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Religious Minorities ◽  
Human Rights Protection ◽  
Migrant Background ◽  
European Court ◽  
The Right

This contribution zooms in on a particularly disconcerting development in the jurisprudence of the European Court of Human Rights, that is visible in several recent cases brought by religious minorities with a migrant background, in which the Court accepts – in the name of (requirements for) integration – far-reaching restrictions on the rights of these religious minorities with a migrant background to be respected in their own religiously inspired way of life. The Court furthermore glosses over a context of Islamophobia and related stereotypes, thus failing to identify and counter instances of discrimination on grounds of religion. The article argues that the ECtHR in these cases not only drifts away from the counter-majoritarian core of human rights protection, turning several of its steady lines of jurisprudence favourable to (the effective protection of) minorities’ fundamental rights on their head, but also allows States to basically push religious minorities with a migrant background out of the public space/public schools, in the name of social integration – an integrated society. Ultimately, States are contesting the substantive citizenship of religious minorities with a migrant background and the Court, unfortunately, enables them to exclude and marginalise these religious minorities with a migrant background. The Court thus disregards the foundational value of the right to equal treatment for the human rights paradigm, and moves away from an equal and inclusive citizenship. Put differently, the Court enables governments to dress up Islamophobic, exclusionary agenda’s with a human face, thus challenging the boundaries of citizenship in the name of ‘integration’.

Benkharbouche v. Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and Others intervening)

2019 ◽  
Vol 180 ◽  
pp. 575-677
Keyword(s):  
Human Rights ◽  
International Law ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Customary International Law ◽  
State Immunity ◽  
Starting Point ◽  
Charter Of Fundamental Rights ◽  
Right Of Access

State immunity — Jurisdictional immunity — Embassy employment disputes — Domestic staff — Claims for infringement of employment rights — Whether claims barred by State immunity — State Immunity Act 1978 (“SIA”), Section 1 — Exceptions to immunity — Limitations to exceptions — Section 16(1)(a) of SIA — Section 4(2)(b) of SIA — Scope of immunity — Absolute immunity — Restrictive immunity — Whether starting point absolute or restrictive immunity — Distinction between jure gestionis and jure imperii — Customary international law — Whether rule of customary international law justifying Sections 4(2)(b) and 16(1)(a) of SIA — Whether United Kingdom having jurisdiction over respondent States — Whether Article 6 of European Convention on Human Rights, 1950 and Article 47 of Charter of Fundamental Rights of the European Union engagedDiplomatic relations — Immunity from jurisdiction — Embassy employment disputes — Domestic staff employed locally — Whether members of mission — Vienna Convention on Diplomatic Relations, 1961, Article 1 — Whether Section 16(1)(a) of SIA applicable to claimants — Whether employment of domestic staff of diplomatic mission an act jure gestionis — Whether State entitled to State immunity in proceedings against employer embassiesRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Articles 6 and 14 — Charter of Fundamental Rights of the European Union, Article 47 — Incorporation into English law — Sections 4(2)(b) and 16(1)(a) of SIA — Whether compatible — Whether Article 6 of European Convention engaged by claim to State immunity — Jurisprudence of European Court of Human Rights — Customary international law — Scope of State immunity — Whether starting point absolute or restrictive immunity — International Law Commission’s Draft Article 11 — United Nations Convention on Jurisdictional Immunities of States and their Property, 2004, Article 11 — Relevance — Whether Sections 4(2)(b) and 16(1)(a) of SIA having any basis in customary international law — Whether employer States entitled to immunity as regards claimants’ claims — Whether Sections 4(2)(b) and 16(1)(a) of SIA compatible with Article 6 of European Convention and Article 47 of EU CharterHuman rights — Right of access to court — State immunity — European Convention on Human Rights, 1950 — State Immunity 576Act 1978 — Claimants bringing proceedings against foreign States in relation to employment at embassy — Whether defendant States immune — Whether provisions of SIA barring claimants’ access to court — Whether recognition of immunity involving violation of right of access to courts — Whether infringement of Article 6 of European Convention and Article 47 of EU CharterHuman rights — Prohibition of discrimination — State immunity — European Convention on Human Rights, 1950 — Whether Section 4(2)(b) of State Immunity Act 1978 discriminating on grounds of nationality — Whether infringing Article 14 taken together with Article 6 of European Convention — The law of England

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