FAITH IN THE COURTS: RELIGIOUS DRESS AND HUMAN RIGHTS

2007 ◽  
Vol 66 (3) ◽  
pp. 657-697 ◽  
Author(s):  
Nicholas Gibson

We live in “an age of increasingly multicultural societies”. This multiplicity of cultures brings with it diversity and differences: religious beliefs form one, but arguably an increasingly important, point of distinction within our societies today – both between religious and non-religious people and between people of different faiths. Recent and current events – local and global – emphasise the importance for society of maintaining adequate means of mediating between different and divergent interests in matters of faith.

2013 ◽  
Vol 5 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Hou Yuxin

Abstract The Wukan Incident attracted extensive attention both in China and around the world, and has been interpreted from many different perspectives. In both the media and academia, the focus has very much been on the temporal level of the Incident. The political and legal dimensions, as well as the implications of the Incident in terms of human rights have all been pored over. However, what all of these discussions have overlooked is the role played by religious force during the Incident. The village of Wukan has a history of over four hundred years, and is deeply influenced by the religious beliefs of its people. Within both the system of religious beliefs and in everyday life in the village, the divine immortal Zhenxiu Xianweng and the religious rite of casting shengbei have a powerful influence. In times of peace, Xianweng and casting shengbei work to bestow good fortune, wealth and longevity on both the village itself, and the individuals who live there. During the Wukan Incident, they had a harmonizing influence, and helped to unify and protect the people. Looking at the specific roles played by religion throughout the Wukan Incident will not only enable us to develop a more meaningful understanding of the cultural nature and the complexity of the Incident itself, it will also enrich our understanding, on a divine level, of innovations in social management.


2021 ◽  
Vol 27 (2) ◽  
pp. 49-54
Author(s):  
Sunghwan Cho

Jehovah’s Witnesses refuse blood transfusions according to religious beliefs, and for this reason, most hospitals and doctors have refused their treatment. There are more than 100,000 religious people in Korea, but there are few bloodless centers that can receive their treatment. So, the number of Jehovah’s Witnesses patients visiting bloodless centers in Soonchunhyang University Bucheon Hospital has been increasing every year. Despite this situation, no legal or medical countermeasure has yet been proposed against them. Therefore, I would like to take a bioethical approach based on “principles of biomedical ethics” and introduce “patient blood management” which is currently spreading in advanced medical countries.


2019 ◽  
Vol 7 (6) ◽  
pp. 718-721
Author(s):  
Tatyana Anatolevna Fenvesh ◽  
Antonina Viktorovna Andreeva ◽  
Aleksandr Pavlovich Pavlov ◽  
Pavel Anatol`evich Starikov ◽  
Ekaterina Yur'evna Zabelina

Purpose of the study: this study aimed to analyze the modern representation of death by studying the attitude of religious people, mainly Christians, towards death. Methodology: On the basis of the Siberian Federal University, the authors conducted research on the attitude of student youth towards death. The questionnaire in a standardized fashion was used. Likert scale judgments were analyzed. The methodological concepts of the attitude towards the death of such authors as Philippe Ariès and Gilbert Durand, as well as the Russian cosmists, served as the prerequisite for the formation of the research hypothesis. The group of the respondent demonstrated the religious beliefs and their faith in God. The answers of the group were interpreted on the subject of their attitude towards death, the ideas of death, and the types of protection against the fear of death. Main Findings: In the course of this work, the authors determined that the majority of student youth formed a negative representation of death that does not correspond with the religious ideology. Several concepts that reflect the attitude of youth towards death and their method of fighting the fear of death are described. The authors draw a conclusion on the state of the religious consciousness of student youth that is a result of unfamiliarity with religious norms or the fusion of the traditions of various religions. Applications of this study: The study would serve as an antecedent to further investigation on people’s attitude towards death. The research results can also be applied in social anthropology, social philosophy, and sociology. Novelty/Originality of this study: The study shows the important attitude of student youth towards death and can help to form the main problems of the religious consciousness of student youth.


Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords. This case concerned whether a school unlawfully limited a pupil’s right to manifest her religious beliefs through religious dress. The case note explores how a balance is struck between competing qualified rights, and so also contains discussion of the concept of proportionality. The document also includes supporting commentary from author Thomas Webb.


Think ◽  
2010 ◽  
Vol 9 (24) ◽  
pp. 7-11
Author(s):  
John Shook

It's only natural to wonder about the higher purposes in one's life. Religious people sometimes argue that because they discover and enjoy a higher purpose to life, then religious beliefs appear quite natural and reasonable. This argument can be turned around, to make humanism look unnatural and unreasonable, if humanism denies any higher purpose to life. Either way, humanism seems inhumanly cold towards the very notion of ‘higher purpose’, but is this matter really so clear-cut and simple? Religious humanists stand as counter examples to the notion that a religious life is incompatible with a humanistic philosophy. Secular humanists might be said to enjoy a spiritual aspect to their lives as well, if that aspect simply means devoted pursuit of higher purposes in this life. The confusions in these sorts of arguments probably originate in the ambiguous phrase, ‘a higher purpose to life’, which can be understood in several ways. If we discriminate between the more common meanings, and consider them separately, then any real disagreement between religion and humanism should begin to emerge. People can be heard to talk about ‘having a higher purpose in life’. Some say that they seek a ‘purpose higher than life’. Others talk about wanting a ‘higher purpose for life’. In which ways can humanism endorse such talk of a ‘higher purpose’?


2017 ◽  
Vol 12 (2-3) ◽  
pp. 174-197
Author(s):  
Mark Hill ◽  
Katherine Barnes

Abstract The manifestation of religious beliefs under Article 9 the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its lose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of “prescribed by law”, “necessary in a democratic society”, “public safety”, “public order, health or morals” and “the rights and freedoms of others”. It seeks to divine principles from the varied jurisprudence, particularly at its intersection with the Court’s illusory doctrine of margin of appreciation.


2018 ◽  
Vol 18 (1) ◽  
pp. 61-87
Author(s):  
Peter Cumper ◽  
Tom Lewis
Keyword(s):  

2015 ◽  
Vol 3 (2) ◽  
pp. 195-212
Author(s):  
Yayan Sopyan

Abstract: Questioning the Religious Freedom and blasphemy in Indonesia. The presence of the Constitutional Court in the reform era is the strengthening of the foundations of constitutionalism in the Constitution of the Republic of Indonesia Year 1945. The Court in this case a role to enforce and the protector of the citizen's constitutional rights and the protector of the human rights. Including in this case, the right to religion and religious practices and teachings of their respective religions, in accordance with the constitutional mandate. However, on the other hand there is the discourse of freedom of expression and freedom of speech includes freedom to broadcast religious beliefs and understanding of the "deviant" and against the "mainstream" religious beliefs and understanding in general, as in the case of Ahmadiyah. The Court in this case is required to provide the best attitude when faced judicial review in this case still required in addition to guarding the constitution in order to run properly.   Abstrak: Menyoal Kebebasan Beragama dan Penodaan Agama di Indonesia. Kehadiran lembaga Mahkamah Konstitusi di era reformasi merupakan upaya penguatan terhadap dasar-dasar konstitusionalisme pada Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. MK dalam hal ini berperan menegakkan dan melindungi hak-hak konstitusional warga negara (the protector of the citizen’s constitutional rights) dan pelindung HAM (the protector of the human rights). Termasuk dalam hal ini, hak untuk memeluk agama dan menjalankan ibadah serta ajaran agamanya masing-masing, sesuai dengan amanat konstitusi. Namun, disisi lain ada wacana kebebasan berekspresi dan kebebasan berpendapat termasuk didalamnya kebebasan untuk menyiarkan keyakinan dan pemahaman keagamaan yang “menyimpang” dan bertentangan dengan “mainstream” keyakinan dan pemahaman keagamaan pada umumnya, seperti dalam kasus Ahmadiyah. MK dalam hal ini dituntut untuk mampu memberikan sikap terbaik saat dihadapkan judicial review dalam kasus ini selain tetap dituntut untuk mengawal konstitusi agar dapat berjalan sebagaimana mestinya. DOI: 10.15408/jch.v2i2.2314


2021 ◽  
Author(s):  
Maria Moulin-Stozek

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.


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