scholarly journals Accommodating What Needn’t Be Special

2016 ◽  
Vol 10 (2) ◽  
pp. 319-340 ◽  
Author(s):  
George Letsas

Abstract Liberal debates on religious accommodation have so far focused on the nature of the interest upon which the right to freedom of religion is based. Liberals who oppose religious accommodation argue that there is nothing special about religious belief. Those who defend accommodation on the other hand seek to identify some property (such as conscience or deep commitments) that both religious and non-religious beliefs can share. The article seeks to develop an argument in favor of certain types of religious accommodation that is agnostic about the nature of religious belief and whether it is special in any sense. It argues that it is a mistake to think that the question of religious accommodation, as it arises in law, must necessarily turn on arguments about freedom of religion. The principle of fairness can justify legal duties to accommodate religious (and non-religious) practices, without the need to assess the character of the practice in question or the reasons for engaging in it. The article argues further that the principle of fairness can better explain why human rights courts uphold some claims for religious accommodation as reasonable, and not others.

Author(s):  
Farrah Raza

Abstract The right to freedom of religion or belief is one of the most controversial fundamental human rights, and an increasing number of cases on religious freedom highlight the need for normative clarity about its limits. Courts across jurisdictions adopt different approaches to justifying limitations to religious claims in order to resolve conflicts. This article identifies current key approaches to justifying limits to religious practices before proposing a perfectionist version of the harm principle as an alternative. Section 1 sets out the complexities of determining the limitations to religious freedom. Section 2 identifies the shortcomings of four dominant approaches to limitations which include (i) practices deemed to be against the liberal democratic order; (ii) practices that breach the duty of neutrality; (iii) practices that do not constitute a ‘core’ religious belief, and (iv) the choice of alternatives. Section 3 proposes a typology of harms to the autonomy of others as a model for limitations to religious freedom. Section 4 concludes by emphasizing the need for consistency in deciding limitations.


Author(s):  
Konstantinos Margaritis

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.


Author(s):  
John Kenedi

Abstract: Prostitution is a community disease that is difficult to eradicate due to many factors that affect its existence. The various types of prostitution that emerged show how prostitution has grown in society. The condition is further complicated when prostitution seeks to seek protection under human rights. Prostitution seeks the path of protection under human rights through two essentials: Protection of human rights to the work of sex workers and protection of minority status opposed by the wider community. On the other hand, there is a distinction between liberal Westernmade human rights and human rights according to Islam in accordance with the sunatullah, so that the distinction raises different perceptions regarding the issue of prostitution. This paper will reveal whether prostitution is a profession that should be protected as a right to work in human rights, as well as finding the right way out to avoid conflict of interest in human rights so that peace and tranquility can be realizedin society.


2021 ◽  
Vol 20 (1) ◽  
pp. 131
Author(s):  
Fitrawati Fitrawati

This paper tries to examine the right to freedom of interfaith marriage in Indonesia from the perspective of Human Rights Universalism and Cultural Relativism. The purpose of this paper is to explain how universalism and cultural relativity view interfaith marriage in Indonesia. This research is a normative legal research. This study uses a literature approach. The findings of this study indicate that interfaith marriage in Indonesia is still not well accepted and has always been controversial news in the community, even considered to have exceeded or violated the provisions of marriage, but there are still followers of different religions who decide to marry. In fact, many of them are smuggling laws so that their marriages are recognized by the state, namely by registering marriages abroad and then continuing the registration in Indonesia. Meanwhile, on the other hand, Indonesia already has a law on Marriage, namely, Article 2 paragraph 1. It is also contained in the article of the Universal Declaration of Human Rights, namely the right to freedom of marriage (article 16 UDHR) which includes the right to marry between religions (different religions), and the right to freedom of religion (article 18 UDHR) which includes the right to change religions. Meanwhile, in cultural realivism, it rejects everything that is universal.


Author(s):  
Laura Šāberte ◽  
Dace Tarasova ◽  
Karina Palkova

The rights of medical practitioners are broadly defined in both national and international legislation. The scope of the rights of medical practitioners is evolving along with the development of certain sub-sectors of the field of law. One of the topical issues in the context of the exercise of the rights of medical practitioners is the right of medical practitioners to express their religious beliefs from the Labor law perspective. The right of medical practitioners to freedom of religion is to be seen as part of human rights as well. Member States that have acceded to human rights instruments that protect the right to freedom of religion do not have the right to intervene and take coercive measures to change these views. The right to freedom of religion at the level of human rights applies to a medical practitioner as an individual living in a democratic society and as a person with a medical education who is engaged in medical treatment or prevention, diagnosis and treatment, medical rehabilitation and patient care has rights and obligations within the framework of the activity. The aim of the article is to study the right of medical practitioners to express their religious beliefs in employment relations, as well as to identify problematic issues researching the case law of the CJEU and the ECtHR.


2018 ◽  
Vol 18 (1) ◽  
pp. 71
Author(s):  
Linda Evirianti

Everyone has the right of religious freedom or belief which becomes one of important parts of Human Rights (HAM/Hak Asasi Manusia). Thus, no one can be subjected to coercion that can interfere his freedom to adopt or embrace a religion or belief of his choice. The main characteristic of modern constitutional state is the guarantee of human rights in its constitution. In the Constitution NKRI 1945 has set human rights and the rights of citizens in the form of guarantees freedom for each citizen to embrace religion and worship according to their religion or belief. A state guarantees the freedom of each citizen to adopt a religion or belief, but the state (the government) must regulate the freedom in implementing and practicing a religion or belief so that the government can respect, protect, enforce and promote Human Right (HAM) and conserving security, order, health or public morals. Speaking of human rights in Islam is not an historical product arising from human ideology, a concept that has a theological dimension and will be accountable to God. Freedom of thought, conscience, religion and belief is part of the most important human rights, even have status as a right that should not be reduced and violated under any circumstances. On the other hand, religious freedom protects the phenomenon that can be controversial and dangerous for human existence, because religion and systems of ideological belief can be misused to trigger intolerance, discrimination, prejudice, hatred, and violence.[Setiap orang berhak atas kebebasan beragama atau kepercayaan yang menjadi salah satu bagian penting Hak Asasi Manusia. Dengan demikian, tidak ada yang bisa terkena paksaan yang bisa mengganggu kebebasannya untuk mengadopsi atau menganut agama atau kepercayaan pilihannya. Karakteristik utama negara konstitusional modern adalah jaminan hak asasi manusia dalam konstitusinya. Dalam Konstitusi NKRI 1945 telah menetapkan hak asasi manusia dan hak warga negara dalam bentuk jaminan kebebasan bagi setiap warga negara untuk merangkul agama dan ibadah sesuai agama atau kepercayaan mereka. Sebuah negara menjamin kebebasan setiap warga negara untuk mengadopsi agama atau kepercayaan, namun negara (pemerintah) harus mengatur kebebasan dalam melaksanakan dan mempraktikkan agama atau kepercayaan sehingga pemerintah dapat menghormati, melindungi, menerapkan dan mempromosikan Hak Asasi Manusia (HAM). Dan melestarikan keamanan, ketertiban, kesehatan atau moral publik. Berbicara tentang hak asasi manusia dalam Islam bukanlah produk historis yang muncul dari ideologi manusia, sebuah konsep yang memiliki dimensi teologis dan akan bertanggung jawab kepada Tuhan. Kebebasan berpikir, hati nurani, agama dan kepercayaan adalah bagian dari hak asasi manusia yang paling penting, bahkan memiliki status sebagai hak yang tidak boleh dikurangi dan dilanggar dalam kondisi apapun. Di sisi lain, kebebasan beragama melindungi fenomena yang bisa kontroversial dan berbahaya bagi eksistensi manusia, karena agama dan sistem kepercayaan ideologis dapat disalahgunakan untuk memicu intoleransi, diskriminasi, prasangka, kebencian, dan kekerasan.]


2018 ◽  
Vol 9 (2) ◽  
pp. 105-118
Author(s):  
Zbigniew Mikołajczyk ◽  
Jarosław Struniawski

The article refers to freedom and human rights as universal and global principles covering all aspects of human life. Human rights are those freedoms, means of protection and services respected precisely as rights, which all people should be able to demand from the society in which they live, in accordance with today's freedoms. On the other hand, as rights they solely occur among individuals and authorities. None of the authority can take them away. They can not be waived or renounced. In Poland, guarantees of respect for human rights - to which all people are entitled and citizen's rights - to which only Polish citizens are entitled are included in the Constitution of the Republic of Poland. According to it, the inherent and inalienable human dignity is a source of freedom and human and citizen's rights. One of the fundamental human right is the freedom of assembly. The possibility of using the freedom of assembly must be dictated by the need to ensure the protection of national security or public order, protection of health, public morals and rights and freedom of other people. Due to the subject matter discussed, the study focused on peaceful assemblies, which organization is guaranteed by law, on the other hand no illegal forms of protest were described - the blockades and occupation of buildings, transport routes, or prohibited strike forms. The main task of ensuring security during assemblies rests with the Police, whose fundamental duty is to facilitate the conduct of assemblies. It is important to find a balance between maintaining order and exercising the right of assembly.


Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr

The dominant concerns of this chapter relate to two aspects of the relationship between ‘religion’ and the ‘right to life’. One is the need to ensure that nobody is denied the right to life on grounds of their religion or belief (this being directly related to freedom of religion or belief), and the other is that nobody should be denied the right to life in the name of religion or belief. At the same time, the chapter also considers the broader horizon of multifaceted issues that are often considered relevant to life and religion. Issues such as religious values relating to the importance of life, and religious positions on abortion and on the death penalty are discussed in order to illustrate that, although not per se falling within freedom of religion or belief, they can be rendered relevant for the practice of freedom of religion or belief, depending on religious or moral convictions which people lay claim to.


2020 ◽  
Vol 75 (4) ◽  
pp. 349-361
Author(s):  
Mathis Stock

Abstract. Law is on the one hand indispensable for the constitution of space, and, on the other, legal orders emerge or develop in specific local situations. Does the question of the law exist in geographical theories and how has it been received? The article raises the issue of a missing link in geographical theorisation: Are the legal dimensions of social spatialities sufficiently considered? This text aims at enriching geographical theory formation through legal dimensions, especially by translating legal studies’ contributions into geographical questions who experience a specific spatial turn. On the one hand, the concept “geographicity of Law” is being developed for this purpose. On the other hand, two examples will be used to illustrate how geographical theory can benefit from legal dimensions: the right to public space and the issue of urbanness.


2017 ◽  
Vol 2 (2) ◽  
pp. 38
Author(s):  
Agung Yudhistira Nugroho

<p>Ahmadiyya saga in Indonesia just like a never ending stories. Starting from the non-acceptance of them in society, violence and intimidation, pressure from Islamic organizations and the Indonesian Ulema Council. The government placed in the position of a dilemma. On one hand the government is required to protect its citizens in this regard Ahmadiyya followers are intimidated by a group or community that does not accept them, on the other hand the government must determine the manner in which the Government should disband and ban the Ahmadiyya. When the Ahmadiyya and other religious people defended using the excuse of the Universal Declaration of Human Rights, the UN Human Rights artificial precisely considered weak and unable to protect Palestinians from Israeli attacks.  From here then comes the problem of where the followers of the Ahmadiyya to be able to put themselves in a society that does not accept them, Not an easy task to find the right solution for this case. Solutions that can be offered is to address these differences by looking at the cornerstone of our country Pancasila which has a single slogan Unity in Diversity. In that case author also concern about how the the government in maintaining security for Ahmadiyya followers whom a citizen of Indonesia as well? This is what will be studied in this paper.</p><p> </p>


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