scholarly journals Freedom of Religion, Secularism, and Human Rights

2019 ◽  
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Western Europe ◽  
Arab World ◽  
The United States ◽  
Freedom Of Religion ◽  
Political Discourses ◽  
Organization And Management ◽  
Religion And State ◽  
The Relationship

This interdisciplinary volume examines the relationship between secularism, freedom of religion, and human rights in legal, theoretical, historical, and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies, and history, and provides insights into the debate about the relationship between these concepts. It draws on constitutional and political discourses not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia. Chapter 1 argues that the history of the interrelationship between secularity and freedom of conscience could be seen as a struggle over the organization and management of intolerance. Chapter 2 discusses secularism in terms of the principled distance of state from religion, requiring the state to respect religiosity but oppose institutionalized religious domination. Chapter 3 deals with Arab constitutions under which religious freedom is guaranteed but also circumscribed by the interests of community, official religion, and state. Chapter 4, highlighting the tensions around proselytization and conversion, discusses the way that ‘public order’ is often invoked to legitimize a religious/ethnic majoritarian agenda. Chapter 5 reinterprets contemporary ECtHR religious freedom cases in historical perspective. Chapter 6 considers the diversity of American religion and the ongoing difficulty of defining religion for US law. Finally, Chapter 7 cites a double threat faced by Europe—on one hand fundamentalist religion, on the other negative secularism—and seeks a positive secularism to embrace diversity of all types, religious and non-religious.

scholarly journals Framework of communication needed to protect against human rights violations of individuals who exercise their right to religious freedom in minority religions

2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Stephanus P. Pretorius
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
World Peace ◽  
Special Rapporteur ◽  
International Level ◽  
Minority Religions ◽  
Religious Intolerance ◽  
The Right ◽  
The Relationship

The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.

scholarly journals RELASI AGAMA DAN NEGARA

2017 ◽  
Vol 10 (2) ◽  
pp. 1-21
Author(s):  
Edi Gunawan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Human Beings ◽  
Literature Study ◽  
Islamic Thought ◽  
Religion And State ◽  
The Right ◽  
State Relations ◽  
The Relationship ◽  
Descriptive Method

This paper examines religious and state relations of Islamic thought perspective. This study aims to describe how the relationship between religion and state in the view of Islam. The method used in obtaining data is descriptive method through literature study. The results of the study show that among Muslim figures or thinkers such as Nurcholish Madjid and Abdur Rahman Wahid agree that there is a constructive relationship between state and religion which by revivalists separates it. Some of the indicators are: (1) Islam gives the principles of the formation of a state with the concept of khalīfah ,dawlah, or hukūmah, (2) Islam emphasizes the democratic values of truth and justice, and (3) Islam upholds Human Rights by stating that the basic rights that human beings bring ever since they are born are the right of religious freedom. Therefore, Islam essentially emphasizes the importance of human rights to be upheld in a state, because human rights are rights that should not be disturbed and deprived from the person who has the right.

scholarly journals Pandangan Mufasir Indonesia Terhadap Isu-Isu Hak Asasi Manusia

MUTAWATIR ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 193-213
Author(s):  
Ahmad Mujahid
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
Death Sentence ◽  
Similarities And Differences ◽  
The Right ◽  
The Relationship ◽  
Rights Issues

This article argues that the attitude of Indonesian mufassir is not always parallel in respond to the concept of Human Rights. This is shown from our discussion of three contextual issues in human rights: freedom of religion, freedom to find a mate, and death sentence, which are exemplified by comparing to the three Indonesian mufassir: Hamka’s Tafsir al-Azhar, Hasbi ash-Shiddieqy’s Tafsir al-Nur and Tafsir al-Bayan, and Quraish Shihab’s Tafsir Al-Mishbah. The article concludes: First, in respond to the human rights issues, Indonesian commentators tend to be responsive. All three exegetes denied those who claimed that Islam was spread with violence and those who opposed the death penalty. Second, on the relationship between human rights and Islam, the commentators have similarities and differences with human rights. Among these similarities, for example, is the issue of religious freedom. As for the issue of freedom to choose a mate and a death sentence, they are taking a different position from human rights. On the issue of death penalty, the commentators emphasize to not only looking from the side of the killer, but also from the right of the murder.

Secularism And Freedom of Religion: The Approach of the European Court of Human Rights

2010 ◽  
Vol 43 (3) ◽  
pp. 611-630 ◽  
Author(s):  
Claudia Morini
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
The Political ◽  
Modus Operandi ◽  
Competing Interests ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Individual ◽  
The Relationship

This Article focuses on the approach of the European Court of Human Rights, based in Strasbourg, concerning the relationship between secularism and freedom of religion and the application of the “margin of appreciation doctrine.” Through the investigation of the relevant jurisprudence of the Court dealing with religious freedom and the principle of secularism (the Şahin, Dahlab, and Lautsi cases), the Author demonstrates that Court jurisprudence is moving from the application of principles of “pluralist secularism” toward a “fundamentalist approach” to secularism. Having evaluated the modus operandi of the Court in the light of the competing interests at stake, the Author suggests that in deciding cases where secularism and freedom to manifest religion collide, the Court should follow a case-by-case approach primarily aimed at protecting individual liberties and has to consider the political and cultural background of each situation and the effective impact on the State's life of the individual behavior.

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.

scholarly journals From America to the World: Protestant Christianity's Creation of Religious Liberty

2017 ◽  
Vol 2 (1) ◽  
pp. 8
Author(s):  
Peter A. Lillback
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
The United States ◽  
Early Church ◽  
Economic Prosperity ◽  
Religious Persecution ◽  
Constitutional Protection ◽  
The Bible ◽  
The World ◽  
The Relationship

ABSTRACT: Half the population of the world to this day still has not experienced religious freedom. Religious persecution often still occurs at many places in the world. Research studies show that there is a direct correlation between religious freedom and economic prosperity. "Prosperity is the result of freedom, therefore the best way to improve the economic prosperity of a nation is to ensure freedom for its citizens." This article will first elaborate models of the relationship between church and state, and then explain the basic principle of the Bible regarding religious freedom. It further explains why incarceration of religious freedom or of conscience by the state is wrong, despite the reasons of protecting its citizens from false religion or from a cult. This paper will also explore religious persecution from the time of early church until the birth of Protestantism, and then speaks about the struggle and the protection of religious freedom. Furthermore this article goes into what underlies the constitutional protection of religious freedom in America, and then browse through the struggle and the protection of religious freedom as a struggle of the world. KEY WORDS: religious freedom, religious conflict, heresy, early church, Protestantism, religious freedom in the United States of America.

scholarly journals Barns rett til religionsfrihet

Prismet ◽  
1970 ◽  
pp. 273-287
Author(s):  
Rune Øystese
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
Best Interest ◽  
Children And Parents ◽  
The Right

This article discusses whether there is a tension between granting children freedom of religion and giving the parents the right to decide over the upbringing of their children. It presents what Norwegian law, which has incorporated several UN Human Rights conventions, has to say about this. It also discusses whether the interpretation presented can be in the best interest of the child. The last part addresses how parents can give their children a sound religious upbringing and still give them the freedom to choose their own faith.Keywords: Rights of children and parents, Religious freedom, Religious upbringingNøkkelord: Barn og foreldres rettigheter, religiøs frihet, religiøs oppdragelse,

Physical Education and Religious Freedom

2019 ◽  
pp. 144-155
Author(s):  
Konstantinos Margaritis
Keyword(s):  
Human Rights ◽  
Physical Education ◽  
Religious Freedom ◽  
Case Law ◽  
Democratic Society ◽  
The Other ◽  
Recent Case ◽  
Freedom Of Religion ◽  
Other Hand ◽  
European Court

Freedom of religion has been constantly characterized as one of the foundations of a democratic society. On the other hand, the significance of physical education in the development of children's overall personality is beyond dispute. Thus, the question that arises is, What happens in a case of a conflict involving the above? The aim of this chapter is to provide an answer on the basis of the case law of the European Court of Human Rights. In particular, the fundamental cases of Dogru vs. France and Kervanci vs. France will be examined, as well as the recent case of Osmanoglu and Kocabas vs. Switzerland. Through the analysis of the cases, useful conclusions will be drawn on the possible impact of religious freedom on physical education.

The Impact of Social Injustice on Public Health

2019 ◽  
pp. 3-20
Author(s):  
Barry S. Levy
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Equal Opportunity ◽  
The United States ◽  
Social Injustice ◽  
Adverse Health Effects ◽  
Human Needs ◽  
Adverse Health ◽  
The Impact ◽  
The Relationship

Social injustice creates conditions that adversely affect the health of individuals and communities. It denies individuals and groups equal opportunity to have their basic human needs met. It violates fundamental human rights. It represents a lack of fairness or equity. This chapter provides two broad definitions of social injustice. It gives examples of social injustice, both within the United States and internationally. It describes adverse health effects related to social injustice. And it outlines ways in which health professionals and others can work to minimize social injustice and its adverse health consequences. Text boxes describe concepts of social justice, as well as the relationship between science and social justice. The Appendix to the chapter contains the Universal Declaration of Human Rights.

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