Religion and the Organization for Security and Co-operation in Europe

2021 ◽  
pp. 385-402
Author(s):  
W. Cole Durham
Keyword(s):  
Human Rights ◽  
Public Schools ◽  
Freedom Of Religion ◽  
Advisory Panel ◽  
Democratic Institutions ◽  
Legal Personality ◽  
The Core ◽  
Guiding Principles

The Organization for Security and Cooperation in Europe (OSCE) and its Office of Democratic Institutions and Human Rights (ODIHR) have played an important role in reinforcing, distilling, and implementing the fundamental right to freedom of religion or belief (FoRB) in the OSCE region. The CSCE (later OSCE) has engaged in major norm-setting initiatives regarding FoRB. The ODIHR’s Advisory Panel/Council on Freedom of Religion or Belief emerged in 1997, and in ensuing years, produced legislative reviews, ‘Guidelines for Review of Legislation’ (2004); and the Toledo Guiding Principles on Teaching about Religions or Beliefs in Public Schools (2007). The FoRB Programme at ODIHR followed through with ‘Guidelines on the Legal Personality’ (2014) and ‘Freedom of Religion or Belief and Security’ (2019). These documents are at the core of more extensive institutional promotion of FoRB.

scholarly journals Limitations Clauses, Evidence, and the Burden of Proof in the European Court of Human Rights

2020 ◽  
Vol 15 (1-2) ◽  
pp. 192-206
Author(s):  
T. Jeremy Gunn
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
Burden Of Proof ◽  
Freedom Of Religion ◽  
The Core ◽  
European Court ◽  
Rules Of Evidence ◽  
Standards Of Proof

Abstract Courts and tribunals involved in evaluating whether states have applied limitations clauses appropriately should pay increased attention to the core underlying issues of the parties’ respective burdens of proof, the standards of proof, and identifying which parties are required to prove which assertions. The European Court of Human Rights has not articulated with sufficient clarity the rules of evidence that apply to its proceedings, thereby permitting ad hoc and inconsistent evaluations of issues pertaining to the freedom of religion or belief. The Court should take seriously its obligation to clarify its standards and thereafter apply them.

scholarly journals THE ROLE OF NATIONAL ACTION PLANS IN IMPLEMENTATION OF INTERNATIONAL STANDARDS IN BUSINESS AND HUMAN RIGHTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Adel I. Abdullin ◽  
Alexey A. Sinyavskiy
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
International Standards ◽  
Action Plans ◽  
Legal Personality ◽  
Business And Human Rights ◽  
Protection Of Human Rights ◽  
Guiding Principles ◽  
International Legal Personality

"Guiding Principles on Business and Human Rights” are the first universally recognized global international standard in the field of human rights and business. In accordance with them, transnational corporations and other enterprises are obliged to comply with the national laws of states and respect internationally recognized human rights while carrying out their business activities. On 16 June 2011, the Human Rights Council unanimously endorsed the Guidelines in its resolution 17/4, “Human Rights and Transnational Corporations and Other Enterprises,” setting a universal standard for protecting human rights from the adverse effects of transnational corporations and other enterprises. However, in accordance with the doctrine of international law, corporations do not have an international legal personality and their obligations to respect human rights are only voluntary in nature, and therefore, the main obligation to ensure the protection of human rights lies with states. One of the ways to implement international standards in the field of business and human rights in practice is the development by States of National Action Plans. This paper is devoted, firstly, to a summary of the main ideas of the “Guiding Principles on Business and Human Rights” as an international legal standard in the field of human rights. Secondly, to consider the role of National Action Plans in the implementation of the Guidelines in EU countries. Thirdly, a review of existing practices for the implementation of these principles by EU states using National Action Plans

The Toledo Guiding Principles on Teaching about Religion and Beliefs in Public Schools

2008 ◽  
Vol 19 (3) ◽  
pp. 229-239
Author(s):  
Silvio Ferrari ◽  
Simona Santoro ◽  
Cole Durham Jr.
Keyword(s):  
Public Schools ◽  
Religious Freedom ◽  
Religious Diversity ◽  
Freedom Of Religion ◽  
Conflict Prevention ◽  
Mutual Respect ◽  
Educational Approach ◽  
Guiding Principles ◽  
Teaching About Religion

AbstractIn line with the OSCE's conflict prevention role and its commitments to fostering a culture of mutual respect and understanding, the ODIHR published the Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools. The Toledo Guiding Principles have been prepared in order to contribute to an improved understanding of the world's religious diversity. Their rationale is based on two core principles: first, that there is positive value in teaching that emphasizes respect for everyone's right to freedom of religion or belief, and second, that teaching about religions and beliefs can reduce harmful misunderstandings and stereotypes. The primary purpose of the Toledo Guiding Principles is to assist OSCE participating States whenever they choose to promote the study and knowledge about religions and beliefs in schools, particularly as a tool to enhance religious freedom. The Principles focus solely on the educational approach that seeks to provide teaching about different religions and beliefs.

scholarly journals Exit Rights and Entrance Paths: Accommodating Cultural Diversity in a Liberal Democracy

2010 ◽  
Vol 8 (4) ◽  
pp. 1021-1033 ◽  
Author(s):  
Sigal Ben-Porath
Keyword(s):  
Human Rights ◽  
Public Schools ◽  
Cultural Diversity ◽  
Liberal Democracy ◽  
Democratic Institutions ◽  
Liberal Democracies ◽  
Cultural Accommodation ◽  
Change Of Perspective ◽  
General Society

The debate over the accommodation of culture in liberal democracies tends to emphasize exit rights. Autonomy is typically taken as a pre-condition for exit, and public schools are often charged with promoting or facilitating it. I argue that diversity liberals have a more justifiable view than that of autonomy liberals on cultural accommodation, but diversity liberalism too should reframe its view of exit rights. Narrow exit rights that protect basic human rights should be maintained and augmented with entrance paths into general society. I further suggest that for exit rights along with entrance paths to provide the morally required conditions for accommodating culture while respecting freedom, policies in this realm should be designed to address adults rather than children. I consider the effect of this dual change of perspective on the accommodation of culture in democratic institutions, including schools.

Autonomy, Abortion and Pain Criteria

2011 ◽  
pp. 124-141
Author(s):  
Hasan Atilla Güngör
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Theory And Practice ◽  
The Other ◽  
Human Being ◽  
Legal Personality ◽  
Scientific Debate ◽  
Abortion Debate ◽  
The Core ◽  
The One

Pro-life and pro-choice groups are the main actors in the current abortion debate. On the one hand, the defenders of women’s rights consider the issue as a matter of freedom and argue against bans on abortion practice. On the other hand, the fetal rights defenders are absolutely against abortion in any case and consider abortion a method of killing an innocent human being. Both sides use the scientific developments to influence public opinion. The core of this semi-scientific debate today depends on the question “When does human life begin?” Participants aspire to shape the law concerning abortion according to their answer to this question. Yet, this approach leads to deadlocks in theory and practice, because it is impossible to accept the legal personality of the fetus or to remove all the bans on abortion. However, it may be possible to find a solution within the legal system itself by using scientific knowledge, but without establishing it on a human “rights” base. This paper argues that using pain as a criterion may be a promising point of compromise.

scholarly journals Questions and recommendations regarding freedom of religion or belief and security

2020 ◽  
pp. 74-99
Author(s):  
Liudmyla O. Fylypovych
Keyword(s):  
Human Rights ◽  
Freedom Of Religion ◽  
Democratic Institutions

Submitted material are recommendations published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) entitled "Freedom of Religion or Belief and Security: Guidelines"

The Nexus Between Urbanisation and Human Empowerment: Income Group Based Findings of Bidirectional Causality

2019 ◽  
Vol 64 (1) ◽  
pp. 5-15
Author(s):  
Christos Kollias ◽  
Panayiotis Tzeremes
Keyword(s):  
Human Rights ◽  
Positive Association ◽  
Income Group ◽  
Academic Discourse ◽  
Access To Education ◽  
Democratic Institutions ◽  
Significant Positive Association ◽  
Public Action ◽  
Income Groups ◽  
Democratic Rule

Abstract The economic and social drivers of democratisation and the emergence and establishment of democratic institutions are longstanding themes of academic discourse. Within this broad body of literature, it has been argued that the process of urbanisation is also conducive to the emergence and consolidation of democracy through a number of different channels. Cities offer better access to education and facilitate organised public action and the demand for more democratic rule and respect of human rights. The nexus between urbanisation and human rights is the theme that is taken up in the present paper. Using a sample of 123 countries for the period 1981–2011, the paper examines empirically the association between urbanisation and human empowerment using the Cingranelli-Richards Index. In broad terms, the findings reported herein do not point to a strong nexus across all income groups. Nevertheless, there is evidence suggesting the presence of such a statistically significant positive association in specific cases.

Reconciling Rights and Obligations

2003 ◽  
Vol 20 (3-4) ◽  
pp. 140-172
Author(s):  
Pernille Ironside
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Common Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Northern Nigeria ◽  
Law System ◽  
Constitutional Legality ◽  
Human Rights Norms ◽  
Criminal Matters

This article examines the debate concerning the recent reinstatement of Shari`ah law with respect to criminal matters in Northern Nigeria. The discussion explores the inherent challenges in reconciling the equally entrenched and passionate views of pro-Shari`ah supporters on their right to freedom of religion with those that question its application in terms of human rights norms and obligations, and its constitutional legality. The analysis concludes that Shari`ah laws can coexist with Nigeria’s common law system and remain relevant in the context of Islam, provided that its principles are adapted and modernized to comport with international standards for due process and are interpreted and applied consistently.

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