Religious Regulation: Discrimination Against Religious Minorities

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.

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.


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.


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.


2012 ◽  
Vol 1 (1) ◽  
pp. 60-94 ◽  
Author(s):  
Jonathan Fox

This study compares separation of religion and state (SRAS) as it is conceived in theory with its realization in practice in 40 stable Christian democracies between 1990 and 2008 based on data from the Religion and State Round 2 dataset. There is no agreement in the literature on how SRAS ought to be conceived. Many scholars argue that SRAS is a necessary condition for liberal democracies. The present study examines four models of SRAS found in the literature, and a non-SRAS model that addresses the appropriate role of religion in democracies: secularism-laicism, absolute SRAS, neutral political concern, exclusion of ideals, and acceptable support for religion. The study analyzes three factors: (a) whether the state supports one or some religions more than others; (b) the extent of religious legislation; and (c) restrictions on the religious practices and institutions of religious minorities. The analysis shows that depending on the definition of SRAS used, between zero and eight of the 40 countries practice SRAS. Based on this finding, I conclude that either SRAS is not a necessary condition for liberal democracy or many states commonly considered to be liberal democracies are not.


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.


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”.


2011 ◽  
Vol 48 (6) ◽  
pp. 807-816 ◽  
Author(s):  
Yasemin Akbaba ◽  
Jonathan Fox

This article presents the Religion and State-Minorities (RASM) dataset addressing its design, collection, and utility. RASM codes religious discrimination by governments against all 566 minorities in 175 countries which make a minimum population cutoff. It includes 24 specific types of religious discrimination coded yearly from 1990 to 2002. Religious discrimination measures the absence of the human right of religious freedom which includes limits on religious practices such as worship as well as limits on religious institutions such as churches and mosques which are not placed on the majority group. Thus the dataset focuses on the restriction of religious group rights. Most similar datasets, including those that focus on human rights in general, include a single discrimination score for a country. RASM is the first to contain an accounting of religious discrimination against all relevant religious minorities on an individual basis while avoiding some methodological problems of previous similar data collections. In order to demonstrate the utility of the dataset, we examine the relationship between religious identity and religious discrimination. We find that both majority and minority identities matter in predicting the treatment of religious minorities. This demonstration that codings for individual minorities add to our understanding of the correlates of religious discrimination is illustrative of the potential uses of this dataset. It also indicates that this type of data can be useful in other types of studies where dyads based on religious identity are relevant, such as studies of ethnic conflict and civil war.


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. "


2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Anandi Silva Knuppel

Scholarship on Hindu traditions and practices proposes the practice of darshan as fundamental to Hindu traditions, particularly in temple worship, observing that devotees seek out images of deities primarily to see them and “receive” their darshan. These works typically gloss the definition of darshan with a sentence or two about seeing, exchanging glances, and/or receiving blessings. In this paper, I focus on the ways in which darshan is ideally imagined in conjunction with other bodily sensory practices through sources of authority, such as texts and senior devotees, to create a specific sensory experience and expectation in the transnational Gaudiya Vaishnava community. I then look to the lived realitiesof darshan in this tradition, specifically how devotees negotiate the structures created through sources of authority in their daily lives. Through this juxtaposition of idealized and lived darshan, I argue that we need a new approach towards theories of practice to take into account the complexities of darshanic moments in this and other religious practices.


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