Religious Freedom and Equality Concerns under the Canadian Charter of Rights and Freedoms

2001 ◽  
Vol 34 (1) ◽  
pp. 85-107 ◽  
Author(s):  
Shannon Ishiyama Smithey

Section 2(a) of the Canadian Charter of Rights and Freedoms guarantees freedom of conscience and religion. In interpreting the Charter, the courts have interpreted this provision to prevent the legislatures from discriminating against religious minorities by promoting particular religious practices. Judges have been much less willing to protect religious minority groups from secular laws that interfere with their religious convictions. The religion cases hold important implications for those concerned about cultural diversity and the equality of Canada's many ethnic communities, as well as for the debate over the increased power of courts under the Charter.

2021 ◽  
pp. 207-214
Author(s):  
Spencer W. McBride

The Conclusion of the book considers the extent to which Joseph Smith was correct that the states’ rights doctrine condoned mob violence against religious minorities and that the United States would never experience universal religious freedom without a federal government empowered to protect religious minorities. The Missouri militia’s invocation of the violent expulsion of Mormons from the state as their plan to expel abolitionists in the 1850s is examined as a telling example. Joseph Smith’s presidential campaign and its tragic end encapsulate the failure of nineteenth-century Americans to establish universal religious freedom. Many Americans championed states’ rights as a way to maintain race-based slavery in the Southern states, but few acknowledged that this philosophy also disadvantaged religious minority groups. The Conclusion also considers the role of systemic religious discrimination in federal policy for the management of Utah Territory and the multiple denied applications for Utah statehood.


Author(s):  
Jonathan Fox

The definition of the term “religious discrimination” is contested, but for the purposes of this discussion religious discrimination is defined as restrictions on the religious practices or institutions of minority religions that are not placed on the majority religion. Religious discrimination can include restrictions on (a) religious practices, (b) religious institutions and clergy, (c) conversion and proselytizing, and (d) other types of discrimination. Globally, 88.5% of countries discriminate against at least one religious minority, and religious discrimination is becoming more common over time. Religious discrimination is the norm worldwide regardless of world region, government type, and majority religion. Motivations to discriminate are multiple and complex. They include (a) differences in religious ideologies and beliefs—many religions are ideologically intolerant of other religions; (b) religious organizations seeking an institutional monopoly in a country; (c) religious beliefs and practices running counter to liberal and secular values, including human rights; (d) countries seeking to protect their national culture from outside influences, including nonindigenous religions; (e) countries having anti-cult policies; (f) countries restricting minority religious practices that are considered objectionable to the national ideology or culture; (g) a historical conflict between minority groups and the majority; (h) the perception of minorities as a security threat; (i) the perception of minorities as a political threat ; (j) long-lasting historical tensions between the majority and minority; (k) national politicians mobilizing supporters along religious lines; (l) societal prejudices against minorities leading to government-based discrimination; (m) religious identity; (n) general discrimination that is also applicable to religious minorities. Although these are among the most common motivations for discrimination, in many cases the motivations are unique to the specific situation.


2012 ◽  
Vol 16 (3) ◽  
pp. 271-299 ◽  
Author(s):  
Jamsheed K. Choksy

A little over three decades ago, during the reign of the last Pahlavi monarch Mohammad Reza Shah Pahlavi, non-Muslim religious minorities in Iran experienced life within a relatively tolerant society. Since the Islamic Revolution in 1979, Iran’s native Zoroastrians, Jews, Christians, Mandaeans, and Baha’is have experienced increasing discrimination, isolation, and intimidation. Those non-Muslim religious minorities provide Iranian society with confessional pluralism and cultural diversity, thereby serving also as a moderating population sliver against Shi‘ite fundamentalism. But now the non-Muslim communities collectively have diminished to less than 2 percent of Iran’s 75,2 million residents. Yet, these minorities have attracted very limited domestic and international attention or concern because their situation is poorly understood. This article, based on extensive fieldwork in Iran during the 1980s, 1990s, and 2000s, examines the situations of those Zoroastrians, Christians, Jews, Mandaeans, and Baha’is. While Sunnis also are a religious minority in Iran and do experience prejudices too, intra-Muslim tension with its origins in seventh century religious disputes and its geopolitical reverberations to the present day go beyond the scope of this article.


Religions ◽  
2019 ◽  
Vol 10 (6) ◽  
pp. 361 ◽  
Author(s):  
Olga Breskaya ◽  
Pål Ketil Botvar

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.


2020 ◽  
Vol 27 (1) ◽  
pp. 210-222
Author(s):  
Mollah Al-Ifran Hossain

Abstract Hindu women’s limited right to inheritance in Bangladesh is a story of state-sponsored deprivation; a frustrating legacy of the political authority’s systematic indifference and failure in protecting minority women’s right to property for nearly half a century. Bangladesh, from its early decades, has experienced the resurgence of religion as one of the driving factors behind gender and minority-sensitive policy formulation and implementation. Under the veil of constitutional secularism, religion has become one of the most pervasive tools in the hands of the political authorities for methodical marginalisation of religious minority groups especially of Hindu community. Consequently, Bangladesh has failed to move forward with appropriate legislative measures for improving the present status of Hindu women’s right to property. This article argues that the underlying reasons behind such failure is intrinsically intertwined with power-centric electoral politics rather than normative socio-religious practices.


2016 ◽  
Vol 56 (6) ◽  
pp. 1139-1154 ◽  
Author(s):  
Ghayda Hassan ◽  
Abdelwahed Mekki-Berrada ◽  
Cécile Rousseau ◽  
Gabrielle Lyonnais-Lafond ◽  
Uzma Jamil ◽  
...  

This paper discusses results from a pilot study conducted in the spring of 2014 among young adults living in Montreal. The main objective of this study was to assess the relation between perception of the Charter of Quebec Values, 1 self-identification, perception of intercommunity relations, perceived discrimination, and psychological well-being in young students enrolled in undergraduate or graduate programs of a francophone university in Montreal. A total of 441 students (30.5% male, 69.5% female) took part in a web survey designed by the research team. The data analyses and results suggest that the debate around the Charter of Quebec values was associated with a shift from a predominantly positive perception of intercommunity relations to a predominantly negative one, particularly among women, immigrants, and those who self-identified as cultural or religious minorities. In addition, more than 30% of participants reported having experienced some form of ethnic or religious discrimination since the Charter was released (personally or as a witness). This was particularly the case among immigrants, as well as those who self-identified as bicultural or from cultural or religious minority groups. This study’s results thus highlight the exacerbation of intercommunity tensions linked to the public debate around identity and intercommunity relations in Quebec.


Author(s):  
M. Regus

The problems of democratic transition as a context of this study will be analyzed. Also, violence and political exclusion of the religious minority groups will be explained. At the end of the chapter, the possibility of political will and legal solutions for violence against religious minority groups in Indonesia in the post-1998 era are discussed. It is explained that a comprehensive legal protection scheme would be needed to realize the rights of religious minorities in Indonesia. One of the fundamental purposes of democratization in the post-authoritarian era is thus shown to be the protection of religious minority groups. The chapter will first discuss the problem of democratic changes with a focus on the politics of decentralization and the critical practice of civil democracy, which will all be explored, the two significant changes affecting the position of religious minorities in Indonesia. The chapter will then consider the exclusion of religious minorities and the failure of the ‘democratic’ state to protect their basic citizenship rights. Next, the role of the state and of civil society in the implementation of non-respect of legal protection for religious minority communities will be considered based on the critical overview.


Author(s):  
Jan Alam

Abstract Minority groups can, depending societal conditions, find themselves living marginalized lives in some communities. Religious-based discrimination can result in these groups feeling dejected and deprived of their basic rights, resulting in, among other things, stress and dissatisfaction. To understand and explore their life satisfaction, their plight needs to be addressed. Here, I present the findings from a qualitative study conducted in the Kohat district, involving the selection and interview of 27 participants, comprising 14 Christians, seven Hindus, and six Sikhs. Participants representing three different religious groups were purposively selected and interviewed using a semi-structured interview guide. Participants of the study included religious scholars, social activists, employees, and political representatives from these religious minorities. A thematic approach was used for data analysis, which comprises coding, categories, and thematic coding. The emerged categories were prioritized and then allocated names, each beginning with the letter “P”, under one thematic code namely, the “7P’s of life satisfaction”.


2017 ◽  
pp. 122-127
Author(s):  
Mykhailo Babiy ◽  
Liudmyla O. Fylypovych

The problem of freedom of religion in the year of the 90th anniversary of the Reformation is relevant. It can not but attract the attention of researchers, experts, believers - Protestants and non-Protestants. Half a millennium of Europeans, and with them a part of Americans live in a new religious and ideological reality, which is fundamentally different from the previous one, mainly one-or two-culturally, with its diversity. And here a special role belongs to Protestantism as one of the consequences of the Reformation of 1517. By studying the Protestant foundations of faith, the life of his followers, the thoughts of his ideologues, you realize that freedom of conscience, freedom of religion is not an empty sound or abstraction, but values ​​that are chosen and endured by Protestants. The right to profess his faith, to honor God in his own way paid for thousands of killed, persecuted, imprisoned, robbed, who did not renounce faith, did not renounce freedom of conscience. Until now, Protestants are the most consistent defenders of religious freedom, since they remember the price that had to be paid for their own convictions and religious confidences in most of Europe and America. Although the vast majority of Protestants have long been historical, and somewhere even dominant churches, they generally consistently continue to defend not only their rights, where they are violated, but also the rights of other religious minorities in countries of their historical origin and spread.


2021 ◽  
Vol 66 (Special Issue) ◽  
pp. 96-96
Author(s):  
Ryoko Ishikawa ◽  
◽  
◽  

"In January 2020, the Council of Europe has rejected a resolution that recommends reasonable accommodation of employee’s religious practices in the workplace. The concept of reasonable accommodation emerged in the United States and in Canada to allow some flexibility in the application of laws to achieve substantial equality for all, as uniform application of seemingly neutral laws can cause disadvantages to ethnic or religious minorities, and people with disability. However, reasonable accommodation of religious practices in the workplace such as hospitals is often criticised in two ways; first, it makes it easier for the doctors to register a conscientious objection against providing abortion or reproductive treatment and thus harms women’s reproductive rights. Second, in the same manner, medical professionals may use reasonable accommodation as an excuse to refrain from providing certain medical care to sexual minorities. The purpose of this paper is to indicate that such secularist criticisms of reasonable accommodation are implausible. To show this, this paper first reviews the idea of reasonable accommodation in North America and Europe. Then, the reasonable accommodation debate occurred in Québec, Canada and the report by Bouchard-Taylor Commission (2007-2008) are examined in light of theories of deliberative democracy to illustrate the asymmetry of power between the majority and the minority groups in the negotiation process. Lastly, this paper argues that reasonable accommodation as a means to negotiate the demands for accommodation of religious practices is limited. Thus it is unlikely to undermine the fundamental liberal values of the majority. "


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