Religious Freedom and Human Rights in Kazakhstan

2017 ◽  
Vol 40 (2) ◽  
pp. 113-127
Author(s):  
Roman Podoprigora ◽  
Nurlan Apakhayev ◽  
Aizhan Zhatkanbayeva ◽  
Dina Baimakhanova ◽  
Elina P Kim ◽  
...  
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Private Life ◽  
Religious Activity ◽  
Public And Private ◽  
Religious Issues ◽  
Church Relationships ◽  
The Government ◽  
Role Of Religion

Abstract Many post-Soviet governments are still unable to identify the attitude to religious freedom and religious activity. The human rights trend adjoins with a very suspicious attitude to the religious phenomena as a relic of the Soviet regime of the state–church relationships. Moreover, the professional communities and society as a whole were not appropriately prepared for the religious diversity or the new role of religion in public and private life. This article discusses why the government is very careful in the regulation of religious processes. The article also explains the reasons of inattention by Kazakhstani lawyers to human rights and religious issues and analyses the situation regarding religious freedom within frames of existing legislation in Kazakhstan.

RethinkingDover: Religion, Science, and the Values of Democratic Citizenship

2012 ◽  
Vol 5 (2) ◽  
pp. 441-462
Author(s):  
Susan P. Liebell
Keyword(s):  
Intelligent Design ◽  
Science Classroom ◽  
School Science ◽  
Private Life ◽  
Democratic Citizenship ◽  
Civic Identity ◽  
Constitutional Rights ◽  
Public And Private ◽  
Role Of Religion

AbstractTheDoverdecision restricted the mention of Intelligent Design in a public school science classroom yet theDoveropinion offers an inadequate defensive position. Liberal democracy can exclude Intelligent Design based on the Establishment Clause yet courts do not affirm the teaching of best available science or connect teaching science to other constitutional rights, duties, or institutions. AlthoughDoverhas triggered a debate over the role of religion in public and private life, the case reveals complex issues regarding science, citizenship, and the values of liberal democratic civic identity. In three sections, this article (1) reviews the creationism jurisprudence; (2) dissects theDoverdecision; and (3) suggests an alternative juridical approach grounded in an education case,Plyler v. Doe, in which education creates citizens who are politically competent, economically fit, and capable of self-development. The conclusion reframes the debate over Intelligent Design as one of civic identity and political reproduction arguing that liberals, using the ideas of Brennan, Marshall, and Breyer must make a positive case for the role of science in shaping the liberal citizen, worker, and person.

Ambivalence, Accommodation, Antipathy, and Anxiety

2020 ◽  
pp. 54-87
Author(s):  
Thio Li-ann
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Free Speech ◽  
Policy Making ◽  
Religious Freedom ◽  
Culture Wars ◽  
Public Morality ◽  
Transitional State ◽  
The Government

Religion and religiosity have flourished as Singapore has modernized and industrialized, bucking the secularization thesis originating from the particular context of the post-sacred West. While the government is committed to an anti-theocratic rather than anti-theistic model of secularism, which is pragmatic, not doctrinaire, there are hints of a growing form of militant secularism from sectors of society, which is inimical to democracy and human rights such as religious freedom and free speech. The government has had to devise rules of engagement to deal with the role of religious views in public policy making, particularly given the increasingly confrontational stance adopted by those with religiously and secularly influenced views in the ‘culture wars’ over matters implicating public morality. Formerly authoritarian, the government and style of governance based on the Westminster parliamentary system is in a transitional state, with increasing democratization in the promotion of a more participatory and consensualist political culture.

Philosophical and Pedagogical Views of Yu. F. Samarin

2019 ◽  
Vol 54 ◽  
pp. 209-218
Author(s):  
Lev E. Shaposhnikov
Keyword(s):  
National Identity ◽  
Social Development ◽  
Educational Policy ◽  
Critical Evaluation ◽  
Educational Process ◽  
Educational Context ◽  
The Government ◽  
Role Of Religion

The paper analyses the evolution of Yu. Samarin’s ideas from rationalism to “holistic knowledge”. Special attention is paid to the philosopher’s conceptualization of the key role of religion for a nation. The author also examines the scholar’s position concerning the promotion of patriotism as an important impetus for social development. Emphasis is made on analyzing the interaction of universal and national aspects in the educational process, as well as on the value of national identity in the field of humanities. The article also presents Yu. Samarin’s critical evaluation of the government educational policy and his suggestions on increasing its effectiveness. The author notes the relevance of Yu. Samarin’s views for the contemporary philosophical and educational context.

Is Democracy Exportable?

2019 ◽  
pp. 724-742
Author(s):  
Pierre Salmon
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Private Life ◽  
Yardstick Competition ◽  
Human Rights Abuses ◽  
The People

Among many aspects to the question of whether democracy is exportable, this contribution focuses on the role of the people, understood not as a unitary actor but as a heterogeneous set: the citizens. The people matter, in a different way, both in the countries to which democracy might be exported and in the democratic countries in which the question is about promoting democracy elsewhere. The mechanisms or characteristics involved in the discussion include yardstick competition, differences among citizens in the intensity of their preferences, differences among autocracies regarding intrusion into private life, citizens’ assessments of future regime change, and responsiveness of elected incumbents to the views of minorities. The second part of the contribution explains why promotion of democracy is more likely to work through citizens’ concern with human rights abuses than with regime characteristics.

scholarly journals The Role of Religion in Turkish-Uzbek Relations

2020 ◽  
Vol 03 (12) ◽  
Author(s):  
A. Sh. Sharipov ◽  
Keyword(s):  
Religious Education ◽  
The State ◽  
Islamic Finance ◽  
Religious Activity ◽  
Religious Control ◽  
Religion And State ◽  
State Relations ◽  
Role Of Religion ◽  
Ruling Party

This article analyzes the role and place of religion in Uzbek-Turkish relations. In both countries, the Sunni sect of Islam is predominant. In Uzbekistan, religion is separated from the state, and religious activity is fully controlled by the state. The ruling party in Turkey makes extensive use of Islamic elements in governing. Mirziyoyev's rise to power in Uzbekistan marked the beginning of religious cooperation. In Uzbekistan, where religious control has been strong for many years, various forms of religious education, such as Islamic finance and foundation work, have been inactive. Today, after Saudi Arabia and Iran, Turkey claims to be a leader in the Islamic world. The extent to which Turkey's experience in religion and state relations is relevant to Uzbekistan is important.

Seismic Shifts: The COVID-19 Pandemic’s Gendered Fault Lines and Implications for International Law

2021 ◽  
Vol 39 (1) ◽  
pp. 91-104
Author(s):  
Shruti Rana
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Order ◽  
Private Life ◽  
Legal Order ◽  
Public And Private ◽  
State Action ◽  
Role Of The State ◽  
International Legal Order ◽  
Fault Lines

Abstract The Covid-19 pandemic and related shutdowns created seismic shifts in the boundaries between public and private life, with lasting implications for human rights and international law. Arriving just as the international legal order was wobbling in the wake of a populist backlash and other great challenges, the pandemic intensified fault lines of marginalisation and state action, amplifying the forces that had already left the liberal international order in crisis and retreat. This article examines the pandemic’s impacts on the international legal order through a gendered lens. It argues that in the short-term, the pandemic has reinforced public-private divides in international law, reinvigorating previous debates over the role of the state in protecting its people from harm. It argues that in the long-term, these developments threaten to unravel the most recent gains in international law and global governance that have supported and expanded the recognition of human rights to marginalised groups. Left unaddressed, this unraveling will further entrench such divides and contribute to the further retreat of the liberal international order. Examining these fault lines and their implications can help us re-imagine a post-pandemic international legal order that offers more protection for human rights, even as multilateral institutions and cooperation sputter or fail.

Freedom in Religion, Freedom in the State

2020 ◽  
pp. 1-44
Author(s):  
Mirjam Künkler
Keyword(s):  
Natural Law ◽  
Catholic Church ◽  
Religious Freedom ◽  
The State ◽  
Intellectual Biography ◽  
Second Vatican Council ◽  
Vatican Council ◽  
Role Of Religion

This article provides an overview of Böckenförde’s writings on issues of religion, ethos, and the Catholic Church in relation to law, democracy, and the state. It presents Böckenförde as an inner-Catholic critic, who attempted to persuade Catholicism that one’s own freedom can be defended only as part of the general freedom. This was finally achieved, at least dogmatically according to Böckenförde, with the Declaration of Religious Freedom at the end of the Second Vatican Council. The article lays out how Böckenförde sees the role of religion and natural law in secular democracy, namely as one informing the citizens’ ethos. Democracy cannot survive in the long term unless it is carried out by people who consider themselves part of the same demos and work towards a shared democratic culture. The article includes information on his intellectual biography, a periodization of his academic writings in seven phases from 1957 to 2012, a discussion of some of his core arguments as an inner-Catholic critic, a reflection on the cover images he chose for the two volumes, and closes with concluding remarks on Böckenförde’s view of religion in democracy compared to other theorists of democracy and secularism.

Judicializing Religion

2020 ◽  
pp. 157-188
Author(s):  
Yvonne Tew
Keyword(s):  
Religious Freedom ◽  
Freedom Of Expression ◽  
Basic Structure ◽  
Constitutional Rights ◽  
Quarter Century ◽  
The Past ◽  
Malaysian Politics ◽  
Role Of Religion ◽  
Civil Courts

Religion has become one of the great fault lines of modern Malaysian politics and adjudication. This chapter focuses on the role of religion and religious freedom in the contemporary Malaysian state. It outlines the constitution-making process to locate the place of Islam and religious liberty within the Constitution’s generally secular original framework. Over the past quarter century, the politicization and judicialization of religion has led to an expansion of Islam’s role, fueling polarizing debate over the Malaysian state’s identity as secular or Islamic. Courts have contributed to elevating Islam’s position by deferring jurisdiction to the Sharia courts and expansively interpreting Islam’s constitutional position. The chapter then turns from the descriptive to the prescriptive. It discusses how courts can draw on the constitutional basic structure doctrine to entrench the judicial power of the civil courts to reclaim jurisdictional areas that engage constitutional rights which in the past they have ceded to the religious courts, such as apostasy. It also outlines how courts can use a purposive interpretive approach in line with the Constitution’s framework of protection for religious minorities and individual rights. Finally, it shows how the court can operationalize a proportionality analysis to closely scrutinize government regulations that restrict religious freedom or freedom of expression.

Funding higher education through waqf: a lesson from Pakistan

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Muhammad Usman ◽  
Asmak Ab Rahman
Keyword(s):  
Higher Education ◽  
Educational Institutions ◽  
Public And Private ◽  
Content Type ◽  
For Profit ◽  
Not For Profit ◽  
Academic Activities ◽  
Higher Educational ◽  
The Government

Purpose This paper aims to study waqf practice in Pakistan with regard to its utilisation in funding for higher educational institutions (HEIs) and investigates waqf raising, waqf management and waqf income utilisation. Design/methodology/approach The paper is based on the views of 11 participants who are actively involved in the waqf, its raising, management and income utilisation, and is divided into three subcategories: personnel of higher educational waqf institution, personnel of waqf regulatory bodies and Shari’ah and legal experts as well as archival records, documents and library sources. Findings In Pakistan, both public and private awqaf are existing, but the role of private awqaf is greater in higher education funding. However, due to lack of legal supervision private awqaf is considered as a part of the not-for-profit sector and legitimately registered as a society, foundation, trust or a private limited company. Waqf in Pakistan is more focusing on internal financial sources and waqf income. In terms of waqf management, they have firm guidelines for investing in real estate, the Islamic financial sector and various halal businesses. Waqf uses the income for developmental and operational expenditure, and supports academic activities for students and staff. Waqfs are also supporting some other HEIs and research agencies. Thus, it can be revealed that a waqf can cater a sufficient amount for funding higher educational institutions. Research limitations/implications In Pakistan, both public and private awqaf are equally serving society in different sectors, but the role of private awqaf is much greater in funding higher education. Nevertheless, the government treats private awqaf as a part of not-for-profit sector in the absence of a specific legal framework and registers such organisations as society, foundation, trust or private limited company. The waqf in Pakistan mostly relies on internal financial resources and income from waqf assets. As the waqf managers have over the time evolved firm guidelines for investment in real estate, Islamic financial sector and various other halal businesses, and utilisation of waqf income on developmental and operational expenditures, academic activities of students and educational staff, other HEIs and research agencies, it can be proved that the waqf can potentially generate sufficient amount for funding HEIs. Practical implications The study presents the waqf as a social finance institution and the best alternative fiscal instrument for funding works of public good, including higher education, with the help of three selected waqf cases. Hence, the paper’s findings offer some generalisations, both for the ummah at large and Pakistan. Social implications The paper makes several policy recommendations for policymakers, legislators and academicians, especially the government. As an Islamic social finance institution, the waqf can help finance higher education anywhere around the world in view of the fact that most countries grapple with huge fiscal deficits and are hence financially constrained to meet growing needs of HEIs. Originality/value The study confirms that the waqf can be an alternative source for funding higher education institutions whether it is managed by the government or is privately controlled.

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