The Place of Religious Freedom in the Structure of Peacebuilding

2015 ◽  
pp. 280-306 ◽  
Author(s):  
W. Cole Durham ◽  
Elizabeth A. Clark
Keyword(s):  
Religious Freedom ◽  
Religious Pluralism ◽  
Religious Diversity ◽  
Religious Liberty ◽  
Freedom Of Religion ◽  
The Right

This chapter analyzes the role that the fundamental right to freedom of religion or belief plays in ending or averting religious warfare, and in providing necessary footings for crystallizing peace out of conflict. After stressing that there is a tendency to lay exaggerated blame for many conflicts on religion, the chapter explores the Lockean insight that under certain circumstances, religious pluralism can serve as a stabilizing factor in society if states protect the right to religious diversity instead of imposing homogeneity. International limitation clauses on the scope of religious liberty play an important filtering role in promoting the positive contributions religion makes to society, while constraining negative religious effects. The analysis argues that secularity, understood as a framework welcoming religious pluralism, rather than secularism, as an ideology advocating secularization as an end in itself, is most conducive to the peacebuilding potential of religious freedom.

Lachiri v Belgium and Bans on Wearing Islamic Dress in the Courtroom: An Emerging Trend

2019 ◽  
Vol 21 (1) ◽  
pp. 48-53
Author(s):  
Kaushik Paul
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Public Spaces ◽  
Religious Liberty ◽  
Recent Case ◽  
European Convention ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Islamic Dress

In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recent case before the ECtHR as to the prohibition on wearing the hijab is Lachiri v Belgium. In this case, the ECtHR held that a prohibition on wearing the hijab in the courtroom constitutes an infringement of Article 9 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of religion or belief. From the perspective of religious freedom, the ruling of the Strasbourg Court in Lachiri is very significant for many reasons. The purpose of this comment is critically to analyse the ECtHR's decision in Lachiri from the standpoint of religious liberty.

The Umma in Italy: Eurocentric Pluralism, Local Legislation, Courts’ Decisions. How to Make the Right to Worship Real

2019 ◽  
Vol 9 (1) ◽  
pp. 3-20
Author(s):  
Giancarlo Anello
Keyword(s):  
Religious Freedom ◽  
Basic Assumption ◽  
Northern Italy ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
Veneto Region ◽  
Lombardy Region ◽  
Muslims In Europe ◽  
The Right ◽  
Muslim Minorities

Abstract The article describes the making of the right of worship of Muslim minorities in Europe and its current difficulties, presenting and commenting on the emblematic example of local legislation concerning the building of new mosques in northern Italy. Controlling norms arise from recent decisions of the Italian Constitutional Court. The Court declared unconstitutional certain provisions of two regional laws approved by the Lombardy region (2/2015) and the Veneto region (12/2016), which imposed very strict conditions for the opening, approval and use of mosques. In particular, the Court declared unconstitutional norms that—with regard to the building of places of worship—introduced certain conditions for groups with an agreement with the State and different conditions for those without. Moreover, the Court declared unconstitutional the principle that all religious services that take place in a building open to public should be conducted in Italian. The basic assumption of the article is that current discrimination is the combined result of anti-migration sentiment and Islamophobic prejudices, and the consequence of the Eurocentric nature of the principle of religious freedom. A historically-oriented pluralism and multilevel (national) enforcement of freedom of religion seem to be huge obstacles to the implementation of the right to worship for Muslims in Europe and Italy.

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 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,

scholarly journals Freedom of Religion and Freedom from Religion

2016 ◽  
Vol 19 (01) ◽  
pp. 3-13 ◽  
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Well Being ◽  
European Convention ◽  
Freedom Of Religion ◽  
Religious Expression ◽  
European Court ◽  
Religious Extremism ◽  
Domestic Courts ◽  
The Right

The right to freedom of religion, enshrined in the European Convention on Human Rights has been frequently tested, both in UK courts and in the European Court of Human Rights, where successive decisions over a number of years led to the establishment of several well-known principles. However, in recent years religious extremism has brought into focus a tension between the right of freedom of religious expression and the well-being of individuals (not least children) and society. The Strasbourg court requires neutrality on the part of the state and its courts. However, unlike the European Court of Human Rights, the domestic courts have had to face situations where religious observance can be seen to be causing serious harm and where interference in religious freedom and family life has been shown to be justified.

The Place of the Niqab in the Courtroom

ICL Journal ◽  
2015 ◽  
Vol 9 (1) ◽  
Author(s):  
Vrinda Narain
Keyword(s):  
Supreme Court ◽  
Religious Freedom ◽  
Minority Rights ◽  
Fair Trial ◽  
Freedom Of Religion ◽  
Reasonable Accommodation ◽  
Critical Multiculturalism ◽  
The Supreme Court ◽  
The Right ◽  
Religious Reasons

AbstractThis paper analyzes the Supreme Court of Canada’s decision in R v NS, 2012 SCC 72 where the Court considered if a witness who wears a niqab for religious reasons can be required to remove it while testifying. The Court identified the two Charter rights engaged: the witness’ freedom of religion and the accused’s fair trial rights, including the right to make full answer and defense. This paper focuses on those aspects of the Supreme Court’s decision that relate to religious freedom, multiculturalism and reasonable accommodation. Analyzing the Court’s reasoning through the lens of critical multiculturalism, I consider the potential of the reasonable accommodation framework to forward minority rights. I suggest that had the Supreme Court applied an intersectional framework to adjudicating NS’s claim, it could have crafted a more contextual response based on her location along multiple axes of discrimination: gender, religion and racialised minority. This paper aims to contribute to a better understanding of mediating individual and group tensions, to move towards a more inclusive notion of citizenship than can foster a commitment to a shared multicultural future.

scholarly journals AKTUALISASI NILAI-NILAI PANCASILA TERHADAP HAK ATAS KEBEBASAN BERAGAMA DAN BERIBADAH DI INDONESIA

2018 ◽  
Vol 47 (1) ◽  
pp. 40
Author(s):  
Sekar Anggun Gading Pinilih
Keyword(s):  
Religious Pluralism ◽  
The State ◽  
Freedom Of Religion ◽  
Legal Basis ◽  
Belief In God ◽  
The Right

Indonesia is a religious pluralism country, not only one religion is recognized by the state but more than one religion and belief. Every Indonesian people has the freedom to choose, embrace, teach religion according to his belief without interruption and disturbing from others. Pancasila comes as a unifying nation in running the diversity, especially the value of Belief in God. This value then animates Article 28 E Paragraph (1) and Article 29 of the Constitution of Indonesia as the legal basis for guarantee the right to freedom of religion and worship. 

Part III, 7 Families, Parents and Children

2013 ◽  
Author(s):  
Ahdar Rex ◽  
Leigh Ian
Keyword(s):  
Corporal Punishment ◽  
Religious Freedom ◽  
Religious Liberty ◽  
Successful Transmission ◽  
Parents And Children ◽  
The Family ◽  
The Right ◽  
Family Autonomy ◽  
Religious Claim

This chapter examines religious freedom issues that concern the family and parents. There can be no doubt that religiously devout parents are vitally interested in the successful transmission of their faith to their offspring. This is one of the prime incidents of religious liberty. One US judge ventured that ‘no aspect of religious freedom is more treasured than the right of parents to teach children to worship God’. The chapter is organized as follows. Section II outlines the current law governing family autonomy and the religious upbringing of children. Section III contrasts liberal and religious conceptions of the family and childrearing. Section IV explores three controversial topics. First, does a maturing child have an independent right of religious liberty? If not, should she? Second, what is the scope of religious childrearing in the fractured family? Do divorced or separated parents have attenuated rights compared to those parents who are still together? Third, do devout parents have any special religious claim to administer corporal punishment to their children amidst the growing international call for the abolition of the parental right of reasonable chastisement?

New Trends in Religious Liberty and the European Court of Human Rights

2010 ◽  
Vol 12 (3) ◽  
pp. 266-279 ◽  
Author(s):  
Ian Leigh
Keyword(s):  
Human Rights ◽  
Religious Education ◽  
Military Service ◽  
Religious Freedom ◽  
Religious Affiliation ◽  
The State ◽  
Religious Liberty ◽  
European Convention ◽  
European Court ◽  
The Right

This article analyses recent trends in the jurisprudence of the European Court of Human Rights concerned with the right to freedom of thought, belief and religion (Article 9, European Convention on Human Rights) and the right of parents to respect by the state for their religious and philosophical views in the education of their children (Article 2, Protocol 1).1 These developments include notable decisions concerned with protection from religious persecution in Georgia, with religious education in Norway and Turkey and with the display of crucifixes in state schools in Italy. It is apparent that the European Convention religious liberty jurisprudence increasingly stresses the role of the state as a neutral protector of religious freedom. For individuals religious freedom is now also recognised to include not only the right to manifest their religious belief but also freedom from having to declare their religious affiliation. As the religious liberty jurisprudence comes of age, other significant developments, for example in relation to conscientious objection to military service, can be anticipated.

Who Is Afraid of Religious Freedom? The Right to Freedom of Religion and Belief and Its Critics

2016 ◽  
Vol 11 (3) ◽  
pp. 224-249 ◽  
Author(s):  
Silvio Ferrari
Keyword(s):  
Religious Freedom ◽  
The Other ◽  
Freedom Of Religion ◽  
Specific Context ◽  
The One ◽  
The Right

This article answers the claim that it is impossible to implement the right to religious freedom in a coherent, non-discriminatory way. It relies on the notions of “embedded evenhandedness” and “particular universalities” to build a two-pronged approach to freedom of religion. On the one hand, this approach accepts that history and culture provide the particular framework within which the right of freedom of religion is embedded. On the other, it recognizes that the claim of evenhandedness that is inbuilt in this right can overcome the limitations of a specific context and open it to new ways to understand and implement the right itself. This tension between the universal dimension of the right to freedom of religion and its particular implementations allows affirming the possibility of religious freedoms, whose different manifestations are better protected by collecting them under the umbrella of the same legal category than by apportioning them between different rights.

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