The Impact of Religion on Freedom of Religion and Freedom of Speech among Young Swedes

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.


2022 ◽  
pp. 13-33
Author(s):  
Karla L. Drenner

The chapter examines potential issues posed by the wide variety of state public accommodation statutes in the context of sexual orientation and religious freedom. The historical approach to antidiscrimination will briefly be examined. A review of recent cases of discrimination due to the legalization of same-sex marriage are analyzed in the context of the arguments regarding freedom of speech and freedom of religion.


Author(s):  
Espinosa Manuel José Cepeda ◽  
Landau David

This chapter considers the Court’s jurisprudence on the freedom of speech and religion. The Court’s work on the freedom of speech examines familiar conflicts—such as between speech and public order, or speech and the privacy of reputation of others—but in an unfamiliar context where the Court has often had to contend with the implications of the country’s internal armed conflict. Thus, for example, the Court has had to weigh the damage that might be done by publishing the statements of illegal armed groups and the effect of statements linking public officials with those groups. The Court’s jurisprudence on freedom of religion had sought to recognize plurality in a climate where Catholicism has historically dominated public and private life. This chapter considers both the Court’s jurisprudence striking down core provisions of the Concordat treaty with Rome, and its recognition of the right of conscientious objection from military service.


1991 ◽  
Vol 34 (2) ◽  
pp. 391-409 ◽  
Author(s):  
Olwyn M. Blouet

In 1833 slavery was abolished in the British West Indian colonies. A labour system that had been in operation for two hundred years, ended. A campaign based on the concept of freedom came to fruition. The idea of freedom was central to enlightenment thought. Freedom of speech, freedom of religion, freedom of conscience, freedom of movement, a free press, free trade and free labour were all part of enlightenment ideology. The institution of slavery, which limited all freedoms, came under pressure in an enlightened environment. Unlike the ancients who believed there could not be a civilized society without slaves, enlightenment philosophers developed the view that slavery was antithetical to civilization.


Via Latgalica ◽  
2009 ◽  
pp. 51
Author(s):  
Ivans Jānis Mihailovs

Religion is one of the most important social regulators influencing the relations in the society and the choice (action) of an individual in the concrete situation, sacralize definite behaviour and standards, or quite vice versa – disavow them (sin), regulate the relations among people and the relations between human and the highest power (God), in separate cases allowing to overcome legal and ethical dilemmas, to act or refrain from action. Each religion exists in a definite community (society), therefore, the religious norms affect the life of community members and thus also the state, culture, and rights. Nowadays the impact of rights on religion, religious organizations as communities of believing persons, their organization, administration and activity is impossible to deny. This study is an attempt to offer a review on the regulation of the relations betweens state and religious organizations in international and European legal acts. Analysis of the legal aspects of the relations between state and religious organizations allow the conclusion that the freedom of religion has a fundamental basis which today determines the relations/attitude of the state with/to religion and religious organizations. The principle of freedom of religion as an integral part of human rights is respected and implemented in states where the church is fully or partly separated (segregated) from the state as well as in states where there is state church. This principle has been acknowledged also by the European Union and the European Council leaving the implementation details to the Member States themselves. The principle of freedom of religion comprises two principal aspects: person’s individual choice to not/belong to some religion and to not/participate in religious activities, and state’s responsibility is to respect, within the framework of the law, the freedom of activities of religious organizations. Implementation of the principle of freedom of religion is burdened by manifold interpretation of the notions “religion” and “belief”; by the necessity to consider this principle commensurate with other human rights and freedoms; by the vagueness of the limits of this principle. In this context, the practice of the European Court of Human Rights is essential, in interpreting correspondingly the principle of freedom of religion provided for in Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, particularizing the understanding of this principle in the relations between the state and religious organizations. Present-day practice, at least in the public sphere, facilitate a tolerant attitude and observance of the specific character of religious belonging in various social relations (work, contacts with state administration, military service) etc. Nevertheless, disregarding several implementation problems of the principle of freedom of religion, equality should be observed in the relations between the state and religious organizations, establishing precise limits of cooperation and supervision, which is a precondition for the existence of a legal secular state.


Sign in / Sign up

Export Citation Format

Share Document