scholarly journals Limitations to Freedom of Religion or Belief in Georgia: Legislation and State Policy

2020 ◽  
Vol 15 (1-2) ◽  
pp. 153-171
Author(s):  
Ekaterine Chitanava ◽  
Mariam Gavtadze
Keyword(s):  
Case Law ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Orthodox Church ◽  
Preferential Treatment ◽  
Religious Institution ◽  
Policy And Practice ◽  
International Human Rights ◽  
Relevant Case ◽  
International Human

Abstract This article demonstrates legal and non-legal limitations of freedom of religion or belief (FoRB) in Georgia, characterized by an absence of relevant case law of common courts about restrictions to FoRB with legitimate aims. Instead, the State is using various instruments for interference, such as administrative barriers and artificial obstacles for religious communities. In certain occasions, its policy and practice do not comply with the constitutional principles and international human rights commitments of the country. The State’s preferential treatment of the dominant and influential religious institution, the Georgian Orthodox Church, ostracises other religious communities. This is further aggravated by the attempts of securitising and weaponising FoRB.

The Montenegrin Law on Freedom of Religion or Beliefs and Legal Status of Religious Communities

2021 ◽  
Author(s):  
Gerhard Robbers
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Religious Institutions ◽  
The European Union ◽  
International Human Rights ◽  
European Court ◽  
International Human

The European Court of Human Rights has underlined that freedom of religion or belief is one of the foundations of a democratic society. It is seriously endangered when churches, temples, monasteries and other religious institutions owned by religious communities are arbitrarily expropriated by the state. This study analyses the Law on Freedom of Religion and Belief and the Legal Status of Religious Communities of Montenegro of 2019 in light of international human rights instruments and in light of Montenegro's possible accession to the European Union.

Part 2 Discrimination, 2.2 State Religion

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
National Identity ◽  
Cultural Heritage ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
International Human Rights ◽  
Critical Questions ◽  
International Human ◽  
Belief States ◽  
The Relationship

This chapter analyses different ways of organizing the relationship between State and religious communities. Although official State religions are not forbidden in international human rights laws, they usually give rise to critical questions and concerns, in particular in light of the principle of non-discrimination. Many formally ‘secular’ States also privilege certain religions, often under the auspices of protecting their national identity or a particular cultural heritage, with discriminatory implications for people not following the dominant religions—illustrating that the term ‘secularism’ can carry very different meanings. Under freedom of religion or belief, States should provide an inclusive space for the free unfolding of religious or belief-related diversity for all, free from fear and free from discrimination. A ‘respectful distancing’ of State authority and religious communities—possibly in the name of an ‘inclusive secularism’—seems ultimately necessary in the interest of providing space for everyone’s freedom of religion or belief.

scholarly journals State Funding of Religious Organizations in Georgia

2019 ◽  
Vol 22 ◽  
pp. 119-134
Author(s):  
Dimitry Gegenava
Keyword(s):  
Current Model ◽  
Case Law ◽  
State Funding ◽  
Religious Organizations ◽  
Constitutional Court ◽  
Orthodox Church ◽  
Preferential Treatment ◽  
Relevant Case ◽  
The Future ◽  
Secular State

This article aims to analyze the existing model of state funding of religious organizations in Georgia, taking into account its assumptions and nature and focusing on the problem of the preferential treatment of some religious organizations (especially the Georgian Orthodox Church). First, the key assumptions of funding religious organizations from public sources in Georgia are presented. Then, the article discusses the relevant case law of the Constitutional Court of Georgia. Finally, the challenges of the current model are identified, and some suggestions for the desirable changes in the system are made accordingly. It is argued that the future solutions in this area should respect the principle of secular state. The article concludes by indicating some possible European models that could be followed by the Georgian legislator.

Contemporary International Tribunals

2017 ◽  
Author(s):  
Antonio Augusto Cançado Trindade Trindade
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Case Law ◽  
Nuclear Disarmament ◽  
International Human Rights ◽  
International Criminal Tribunals ◽  
The Icj ◽  
The Common ◽  
International Human ◽  
International Tribunals

In the course of 2016, international human rights tribunals (ECtHR, IACtHR and ACtHPR) kept on making cross-references to each other’s case-law, as well as to that of other international tribunals. The same has taken place on the part of international criminal tribunals (ICC and ICTFY), at a time of special attention to the preservation of the legacy of the ad hoc tribunals (ICTFY and ICTR). One could have expected the same from the ICJ, as to the case-law of other international tribunals, in its recent decisions in the cases concerning the Obligation of Nuclear Disarmament (2016), keeping in mind the common mission (of realization of justice) of contemporary international tribunals from an essentially humanist outlook.

scholarly journals Analysis of real-estate property issues between the Serbian Orthodox Church and the Montenegrin state in the context of adopting the Act on freedom of religion or belief and the legal status of religious communities

2020 ◽  
Vol 59 (88) ◽  
pp. 111-133
Author(s):  
Sanja Arežina
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
Religious Community ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Adoption Process ◽  
Orthodox Church ◽  
The Status ◽  
Estate Property ◽  
Mutual Relations

The entry into force of the Act on Freedom of Religion or Belief and the Legal Status of Religious Communities (hereinafter: the Freedom of Religion Act) in January 2020 provoked reactions and protests from the Orthodox population of Serbian descent in Montenegro because some provisions of this Act allow for the confiscation of centuries-old real-estate property of the Serbian Orthodox Church dioceses in Montenegro. It should be noted that the Serbian Orthodox Church (SOC) is the only religious community in Montenegro with which the Montenegrin authorities have not concluded a Fundamental Agreement on the Regulation of Mutual Relations. In order to reach a compromise solution, negotiations have begun between the dioceses of the SOC in Montenegro and the Montenegrin authorities. In this article, the author discusses the history of relations between the SOC and the Montenegrin state in the period from the beginnings of Montenegrin statehood in the 15th century to the enactment of the the Freedom of Religion Act in early 2020. In particular, the paper focuses on the regulation of real-estate property issue in that period, the factors that influenced the adoption of this Act, the adoption process, the analysis of provisions related to real-estate property issues, and the recommendations of the Venice Commission. The author uses the structural-functional analysis, induction and deduction methods to prove the basic hypothesis that the Montenegrin authorities will not be able to ignore the legitimate rights of the SOC's dioceses in Montenegro regarding the regulation of real-estate property issues, and that the two sides will find an interest to reach a compromise during the negotiations on the disputed Act and conclude the Fundamental Agreement in order to permanently resolve the status of the Serbian Orthodox Church in Montenegro.

scholarly journals Interpretation of Economic, Social and Cultural Rights by Human Rights Bodies in Times of Economic Distress. The case of Greece

2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Vasiliki Saranti
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Special Reference ◽  
Economic Crisis ◽  
Case Law ◽  
International Human Rights ◽  
Economic Distress ◽  
Cultural Rights ◽  
International Human ◽  
Of Greece

Economic, social and cultural rights have borne the brunt of the recent economic crisis and the austerity measures adopted to counter it. Due to their gradual implementation and the need of positive measures to implement them, they were the first to be attacked. After discussing the possible ways of applying economic, social and cultural rights in the first part of the essay, I will then examine their application during economic crises with a special reference to Greece focusing mainly on two fields, labour rights and social security rights, and the case-law produced by international human rights bodies in that respect.

Translating International Law into Domestic Law, Policy, and Practice

2020 ◽  
pp. 113-132
Author(s):  
Gillian MacNaughton ◽  
Angela Duger
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Policy And Practice ◽  
International Human Rights ◽  
International Human ◽  
Judicial Actions ◽  
Domestic Law ◽  
Subnational Governments

This chapter provides an overview of the means through which international human rights law is translated into domestic law, policy, and practice. To have an influence on public health, international human rights law must be translated into domestic action. As international human rights law is largely state centered, it relies upon national and subnational governments to implement it—to promote and protect human rights and to provide remedies to victims of human rights violations. Based upon international rules on domestic implementation, there are four general approaches to translate international law into domestic action: human rights education, policymaking, judicial actions, and engagement with international human rights mechanisms. National and subnational governments use these four approaches to translate international human rights law into domestic law, policy, and practice for health, while nongovernmental organizations and international human rights mechanisms play important roles in monitoring these processes.

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