Religious Freedom in Contest

2021 ◽  
Vol 9 (2-3) ◽  
pp. 178-211
Author(s):  
M. Mohsin Alam Bhat
Keyword(s):  
Human Rights ◽  
South Asia ◽  
Present Article ◽  
Religious Freedom ◽  
Religious Conversion ◽  
Legal Regulation ◽  
Freedom Of Religion ◽  
The Political ◽  
Modern Hinduism ◽  
Rights Issues

Abstract Legal regulation of religious conversion has become one of the central human rights issues worldwide. Numerous countries, especially in South Asia, have enacted laws that prohibit proselytizating on the grounds of force, allurement, and misrepresentation. Critics have consistently relied on freedom of religion to oppose these laws, but courts in these jurisdictions have upheld them on the very grounds of religious freedom. The present Article explains the historical and ideological bases of this counterintuitive approach to religious freedom by focusing on the case of India. It argues that this approach is based on a historically evolving conception of religion associated with modern Hinduism, according to which all religions have an equal claim to spiritual truth. This precept of religious equality has come to constitute the political and judicial approach to religious freedom and religious conversion laws. The Article uses this interpretive insight to renew the normative critique of such laws.

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 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 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 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.

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.

Human Rights, Legal Pluralism, and the Freedom of Religion in Malaysia

2015 ◽  
Vol 10 (1) ◽  
pp. 53-79
Author(s):  
Samuel D. BLANCH
Keyword(s):  
Human Rights ◽  
Legal Pluralism ◽  
Legal Positivism ◽  
Freedom Of Religion ◽  
The Political ◽  
Theoretical Discussion ◽  
Political Status ◽  
Precise Diagnosis ◽  
Suitable Framework ◽  
Political Character

AbstractThe so-called crisis of human rights requires a precise diagnosis. Through a theoretical discussion of human rights and legal pluralism in the context of the freedom of religion in Malaysia, this paper suggests that the crisis ought to be understood as something vital to the character of rights. Crisis is not tangential to the human rights project: rights are political objects engendering political responses. Beginning with an excursion into legal positivism and liberalism, the paper argues that analyses of rights based on abstraction and presumptions of homogeneity are confounded in contexts of contested plurality. Secondly, legal pluralism is raised as a more suitable framework for rights. Finally, Augustine and Schmitt offer some clues as to how the political status of human rights might be properly acknowledged. The prominent Malaysian case ofLina Joyprovides an ongoing commentary on the dangers of divorcing human rights from this essential political character.

scholarly journals The Contribution of the European Court of Human Rights to the Accommodation of Contemporary Religious Diversity

2017 ◽  
pp. 37-54
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
Human Rights ◽  
Key Words ◽  
Present Article ◽  
Religious Diversity ◽  
European Convention ◽  
Freedom Of Religion ◽  
Religious Minorities ◽  
European Court

The present article analyzes how main issues and dilemmas that religious minorities and groups pose and face in contemporary societies in which, in the terms of the European Court of Human Rights, several religions coexist within one and the same population, have been or may be addressed through the lens of the European Convention on Human Rights. Key words: freedom of religion; religious diversity; religious minorities; accommodation; European Convention on Human Rights.Published online: 11 December 2017

scholarly journals Religious freedom as a universal value

2019 ◽  
pp. 18-22
Author(s):  
Natalia Kutuzova
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Religious Freedom ◽  
Systematic Approach ◽  
Personal Autonomy ◽  
Freedom Of Religion ◽  
Human Right ◽  
Freedom Of Thought ◽  
The Right

The article substantiates the universal value of religious freedom, based on the fundamental human right to freedom of religion and belief. Referring to the relevant international documents, the author reveals the content of the concept of "religious freedom" and concludes that there are two basic values at the heart of human rights: human dignity and equality. Only a systematic approach to freedom of religion in the human rights complex gives them universal value. There are two components to freedom of religion (belief): freedom of thought, conscience, and religion; the right to profess one's religion or belief. Religious freedom has both a universal and a private dimension. Being secular in nature, freedom of religion is especially evident in modern societies, which secularity and inclusivity empowers people to decide for themselves about their religiosity. The article deals with the restrictions that exist for religious freedom. Often the right to practice one's religion comes into conflict with different rights of other people. The protection of these rights must come from the principles of non-discrimination, neutrality and impartiality, respect for the right to religion, pluralism and tolerance, institutional and personal autonomy, lack of a hierarchy of human rights. The article argues that religious freedom is a universal value and right in the human rights complex.

Sign in / Sign up

Export Citation Format

Share Document