The Underlying Principles of Freedom of Religion or Belief—Towards a Holistic Conceptualization

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
The State ◽  
Freedom Of Religion ◽  
Holistic Understanding ◽  
The Right

This chapter discusses the underlying principles of freedom of religion or belief. While having its specific features as well as specific areas of application, the right to freedom of religion or belief epitomizes the very same principles which define the human rights approach in general: respect for human dignity, normative universalism, freedom, and equality. Highlighting these principles, which freedom of religion or belief shares with other human rights, is important against the background of a growing perception (or rather: misperception) that freedom of religion or belief allegedly stands in an uneasy relationship to other human rights, in particular freedom of expression or claims of gender emancipation. This chapter presents systematic arguments which underline a holistic understanding of freedom of religion or belief as an indispensable part of human rights in general. In order for the State to fulfil its task as formal guarantor of everyone’s right to freedom of religion or belief without discrimination, an inclusive secular constitution may provide the most suitable conditions.

7. Freedom of religion and expression

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Freedom Of Religion ◽  
Essential Information ◽  
European Court ◽  
State Restriction ◽  
The Uk ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

scholarly journals Religious freedom as a universal value

2019 ◽  
pp. 18-22
Author(s):  
Natalia Kutuzova
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Religious Freedom ◽  
Systematic Approach ◽  
Personal Autonomy ◽  
Freedom Of Religion ◽  
Human Right ◽  
Freedom Of Thought ◽  
The Right

The article substantiates the universal value of religious freedom, based on the fundamental human right to freedom of religion and belief. Referring to the relevant international documents, the author reveals the content of the concept of "religious freedom" and concludes that there are two basic values at the heart of human rights: human dignity and equality. Only a systematic approach to freedom of religion in the human rights complex gives them universal value. There are two components to freedom of religion (belief): freedom of thought, conscience, and religion; the right to profess one's religion or belief. Religious freedom has both a universal and a private dimension. Being secular in nature, freedom of religion is especially evident in modern societies, which secularity and inclusivity empowers people to decide for themselves about their religiosity. The article deals with the restrictions that exist for religious freedom. Often the right to practice one's religion comes into conflict with different rights of other people. The protection of these rights must come from the principles of non-discrimination, neutrality and impartiality, respect for the right to religion, pluralism and tolerance, institutional and personal autonomy, lack of a hierarchy of human rights. The article argues that religious freedom is a universal value and right in the human rights complex.

scholarly journals DISKURSUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM TINJAUAN UNIVERSALISME HAM DAN RELATIVISME BUDAYA

2021 ◽  
Vol 20 (1) ◽  
pp. 131
Author(s):  
Fitrawati Fitrawati
Keyword(s):  
Human Rights ◽  
The State ◽  
Universal Declaration ◽  
Cultural Relativism ◽  
The Other ◽  
Freedom Of Religion ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Cultural Relativity ◽  
The Right

This paper tries to examine the right to freedom of interfaith marriage in Indonesia from the perspective of Human Rights Universalism and Cultural Relativism. The purpose of this paper is to explain how universalism and cultural relativity view interfaith marriage in Indonesia. This research is a normative legal research. This study uses a literature approach. The findings of this study indicate that interfaith marriage in Indonesia is still not well accepted and has always been controversial news in the community, even considered to have exceeded or violated the provisions of marriage, but there are still followers of different religions who decide to marry. In fact, many of them are smuggling laws so that their marriages are recognized by the state, namely by registering marriages abroad and then continuing the registration in Indonesia. Meanwhile, on the other hand, Indonesia already has a law on Marriage, namely, Article 2 paragraph 1. It is also contained in the article of the Universal Declaration of Human Rights, namely the right to freedom of marriage (article 16 UDHR) which includes the right to marry between religions (different religions), and the right to freedom of religion (article 18 UDHR) which includes the right to change religions. Meanwhile, in cultural realivism, it rejects everything that is universal.

scholarly journals An Empirical Investigation of the Use of Limitations to Freedom of Religion or Belief at the European Court of Human Rights

2020 ◽  
Vol 15 (1-2) ◽  
pp. 96-133
Author(s):  
Thiago Alves Pinto
Keyword(s):  
Human Rights ◽  
Empirical Investigation ◽  
The State ◽  
Freedom Of Religion ◽  
High Threshold ◽  
Legal Certainty ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Right

Abstract Most literature on freedom of religion or belief argues that there should be a high threshold for the imposition of limitations to the manifestation of the right. However, the practice of the European Court of Human Rights shows that the bar is much lower than academics suggest. This article explores this issue by analysing a plethora of cases and on the basis of interviews with lawyers connected to the Court. While the Court often considers the requirements of legality, legitimacy, and necessity, it does so briefly; focusing mostly on the analysis of proportionality and the margin of appreciation to the State in question. This approach makes the decisions exceedingly subjective and leads to little legal certainty in the area. Therefore, it is suggested that if the Court would analyse all criteria to impose limitations strictly, it could become more efficient while providing greater protection for persons to manifest their religion or belief.

scholarly journals Minority Muslims and freedom of religion: Learning from Australian Muslims’ Experiences

2019 ◽  
Vol 9 (2) ◽  
pp. 295-326
Author(s):  
Syamsul Arifin ◽  
Hasnan Bachtiar ◽  
Ahmad Nur Fuad ◽  
Tongat Tongat ◽  
Wahyudi Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Minority Group ◽  
The State ◽  
Freedom Of Religion ◽  
Religious Discrimination ◽  
Life Activity ◽  
State Administrators ◽  
Societal Context ◽  
The Right

This paper aims to examine the position of ummah while Muslims are living as minority in Australia. This paper argues that Australia as a secular and multicultural state has supported the development of ummah. There are some reasons to deal with this argument: first, the state consistently protects, respects and fulfils the right to the freedom of religion of all citizens because it ratified some international human rights documents; second, the state administrators have shown their professionalism in their daily life activity in terms of implementing the state law enforcement; third, although there are minor cases of religious discrimination that have been imposed by a minority group of fundamentalist Christian, they can be mitigated through the larger involvements of Muslims in the process of social development such as organising interreligious dialogues, discussions on religious tolerance, which significantly has been conditioned by the societal context of multiculturalism in Australia; fourth, a Muslim intellectual in Australia is totally pro-human rights.

scholarly journals Pemenuhan Hak Kebebasan Berpendapat Berdasarkan Undang-Undang Nomor 9 Tahun 1999 Tentang Kemerdekaan Berpendapat Di Muka Umum

2020 ◽  
Vol 1 (1) ◽  
pp. 41-58
Author(s):  
Nur Yusriyyah Bakhtiar ◽  
La Ode Husen ◽  
Muhammad Rinaldy Bima
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Secondary Data ◽  
The State ◽  
Legal Research ◽  
Legal Rules ◽  
The Right

Penelitian ini bertujuan, pertama, Menganalisis dan menjelaskan pemenuhan hak kebebasan berekspresi berdasarkan undang-undang nomor 9 tahun 1998 tentang kemerdekaan menyampaikan pendapat di muka umum. Kedua, Menganalisis upaya negara untuk melindungi hak asasi manusia dari tindakan anarkis dalam kebebasan berekspresi. Penelitian ini dilakukan dengan metode penelitian hukum doctrinal normatif atau penelitian hukum kepustakaan, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder yang terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Bahan-bahan tersebut disusun secara sistematis, dikaji, kemudian ditarik suatu kesimpulan dalam hubungannya dengan masalah yang diteliti. Hasil penelitian ini: Pertama, Undang-Undang Nomor 9 Tahun 1998 tentang Kebebasan Mengemukakan Pendapat di Muka Umum, masih terdapat kekurangan berkaitan dengan pembatasan-pembatasan yang ada, sebab tidak dicantumkan jelas mengenai batasan yang tidak boleh dilanggar seseorang, agar tercipta relevansi di antara peraturan perundang-undangan. Kedua, Menyampaikan pendapat di muka umum merupakan hak bagi setiap warga negara, namun apabila tindakan yang dilakukan oleh para pengunjuk rasa berakhir anarkis, maka tidak dapat dikategorikan sebagai perbuatan melanggar Hak Asasi Manusia sehingga aparat kepolisian dapat menindak berdasarkan aturan hukum yang berlaku. This study aims, firstly, to analyze and explain the fulfillment of the right to freedom of expression under Law No. 9 of 1998 concerning freedom of expression in public. Second, Analyze the efforts of the state to protect human rights from anarchist actions in freedom of expression. This research was conducted with the method of normative doctrinal legal research or library law research, namely legal research conducted by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The materials are arranged systematically, reviewed, then drawn a conclusion in relation to the problem under study. The results of this study: First, Law No. 9 of 1998 concerning Freedom of Expression in Public, there are still shortcomings related to existing restrictions, because there is no clearly stated boundaries that must not be violated by a person, so as to create relevance between regulations legislation. Second, expressing an opinion in public is a right for every citizen, but if the actions taken by the protesters end up being anarchist, then it cannot be categorized as an act of violating Human Rights so that the police can act based on applicable legal rules

scholarly journals The Phenomenon of Human Rights from the Perspective of Islam and the West

2020 ◽  
Vol 2 (3) ◽  
pp. 1-7
Author(s):  
Abdullah Haqyar
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Western World ◽  
Human Beings ◽  
Political Movement ◽  
The West ◽  
Philosophical Foundations ◽  
The Right

The phenomenon of human rights, in its contemporary sense, is not even ancient in Western thought, and it came from the context of a social and political movement in France, and the most important of the fundamental rights that collected under this title is the right to life, the right to liberty, the right to equality, the right to asylum, the right to freedom of expression, the right to freedom of opinion and religion, women's rights, the right to participate in social and political life, and the right to personal property. It is an established principle that the first condition for the exercise of these rights is their incompatibility with the rights of other human beings and their human rights. The philosophical basis of human rights in the West consists of three important principles: the principle of human dignity, equality and justice. But the difference between human rights in the West and Islam is that "God" is at the center of the Islamic worldview, while in the Western world the "man" is the central one, and man is the measure of all rights. A clearer interpretation of the two types of "God-centered" or "human-centered" ideas in the West is the predominance of human-centeredness and in Islam the predominance of God-centeredness. The philosophical foundations of human rights in Islam are the principle of human dignity, the principle of God-seeking, the principle of human immortality, and the principle of its developmental relation to the set of being.

scholarly journals Right to freedom of religion and the principle of neutrality of the state in in the case-law of the European Court of Human Rights and the decisions of the Committee of Ministers of the Council of Europe. Ukrainian Perspective and view to the future

2020 ◽  
Vol 3 ◽  
pp. 41-55
Author(s):  
Pavlo Pushkar ◽  
Oleksii Ivanets
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Freedom Of Religion ◽  
Council Of Europe ◽  
Effective Protection ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Right ◽  
Collective Dimension

This article suggests a review of the case-law of the European Court of Human Rights and the practices of the Committee of Ministers of the Council of Europe as sources of evaluation of the material and procedural requirements as to the right to freedom of expression. These practices, being synchronised and coherent, are aimed at ensuring implementation of the requirements of the Convention. The right to freedom of expression reflects several aspects of realisation of this right – its realisation as an individual and its collective dimension – together with other persons, or even refusal to exercise a right to freedom of religion. Also, most importantly, the article deals with the requirements of the procedural protection of this right, supplemented guarantees of preventive nature and procedural nature aimed at ensuring effective protection of the right domestically. Such measures include domestic administrative or judicial action. The right to freedom of religion is a right, which integrates some aspects of its subsidiary implementation. In particular, in determining existence of legitimate aim and proportionality of interference with the right to freedom of religion. The article also discusses the relevance of “margin of appreciation” and “proportionality” as elements that influence academic discussions and public criticism of some of the approaches taken by the European Court of Human Rights in assessing compliance of measures taken by the states to limit exercise of freedom of religion.

scholarly journals Fifty Shades of Tolerance: Human Rights Argumentations concerning Family Models and Hate Speech

Iuris Dictio ◽  
2018 ◽  
Author(s):  
Lóránt Csink
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
The State ◽  
Same Sex ◽  
Public Opinions ◽  
Protection Of Human Rights ◽  
Points Of View ◽  
The Right

The protection of human rights is one of the main obligations a state has in order to fulfill its duties. Therefore, the right of freedom of expression shall be protected, especially because it relates directly to the defense of the democratic of a society. Although there are different points of view regarding an issue, especially same-sex marriage, the state is obligated to stay neutral towards public opinions. Consequently, public opinions might end up transforming into hate speech which creates an even larger confrontation within people and the state. This is why, the state must establish fair limits for human rights. Finally, it is essential to understand that promoting tolerance is the most important aspect to safeguard the rights of people to freely speak their minds in order to exercise their right of freedom of speech.

scholarly journals Human dignity in the light of the Constitution, human rights and bioethics

2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Social Solidarity ◽  
Human Beings ◽  
The Social ◽  
The World ◽  
The Right

Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.     Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.  

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