The Place of Religion in Human Rights Law: Distinguishing Freedom of Religion from the Right Against Religious Discrimination

Political Rights ◽

Human Rights Law ◽

International Human ◽

Civil And Political Rights ◽

This chapter emphasizes that the outer manifestations of freedom of religion or belief (forum externum) are not in any sense less important than the inner nucleus of a person’s religious or belief-related conviction (forum internum), even though only the latter is protected unconditionally under international human rights law. This chapter also discusses the largely overlapping elements of the right to manifest one’s religion or belief ‘in worship, observance, practice and teaching’. Furthermore, it analyses the implications of the religion-related reservations, declarations, and objections made by a number of States when signing, ratifying, or acceding to the International Covenant on Civil and Political Rights.

Minority Muslims and freedom of religion: Learning from Australian Muslims’ Experiences

Indonesian Journal of Islam and Muslim Societies ◽

10.18326/ijims.v9i2.295-326 ◽

2019 ◽

Vol 9 (2) ◽

pp. 295-326

Author(s):

Syamsul Arifin ◽

Hasnan Bachtiar ◽

Ahmad Nur Fuad ◽

Tongat Tongat ◽

Wahyudi Wahyudi

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Minority Group ◽

The State ◽

Freedom Of Religion ◽

Religious Discrimination ◽

Life Activity ◽

State Administrators ◽

Societal Context ◽

This paper aims to examine the position of ummah while Muslims are living as minority in Australia. This paper argues that Australia as a secular and multicultural state has supported the development of ummah. There are some reasons to deal with this argument: first, the state consistently protects, respects and fulfils the right to the freedom of religion of all citizens because it ratified some international human rights documents; second, the state administrators have shown their professionalism in their daily life activity in terms of implementing the state law enforcement; third, although there are minor cases of religious discrimination that have been imposed by a minority group of fundamentalist Christian, they can be mitigated through the larger involvements of Muslims in the process of social development such as organising interreligious dialogues, discussions on religious tolerance, which significantly has been conditioned by the societal context of multiculturalism in Australia; fourth, a Muslim intellectual in Australia is totally pro-human rights.

The right to freedom of religion and the right against religious discrimination: Theoretical distinctions

International Journal of Constitutional Law ◽

10.1093/icon/moz087 ◽

2019 ◽

Vol 17 (4) ◽

pp. 1125-1145

Author(s):

Tarunabh Khaitan ◽

Jane Calderwood Norton

Keyword(s):

Human Rights ◽

Religious Freedom ◽

Religious Group ◽

Freedom Of Religion ◽

Religious Discrimination ◽

Religious Groups ◽

The Right ◽

Material Advantage

Abstract This article argues that while they are often conflated, the right to freedom of religion and the right against religious discrimination are in fact distinct human rights. Religious freedom is best understood as protecting our interest in religious adherence (and non-adherence), understood from the committed perspective of the (non)adherent. This internal, committed perspective generates a capacious and realistic conception of religious adherence, which reflects the staggering plurality of forms of religiosity (or lack thereof) as extant in contemporary societies. The right against religious discrimination is best understood as protecting our non-committal interest in the unsaddled membership of our religious group. Thus understood, the two rights have distinct normative rationales. Religious freedom is justified by the need to respect our decisional autonomy in matters of religious adherence. The prohibition on religious discrimination is justified by the need to reduce any significant (political, sociocultural, or material) advantage gaps between different religious groups. These differences reveal a complex map of two overlapping, but conceptually distinct, human rights which are not necessarily breached simultaneously.

Part 3 Vulnerable Groups, 3.6 Migrant Workers

10.1093/law/9780198703983.003.0024 ◽

2016 ◽

Author(s):

Bielefeldt Heiner, Prof ◽

Ghanea Nazila, Dr ◽

Wiener Michael, Dr

Keyword(s):

Human Rights ◽

Migrant Workers ◽

Vulnerable Groups ◽

Freedom Of Religion ◽

Human Rights Law ◽

Right To Life ◽

Religious Minorities ◽

This chapter discusses issues concerning migrant workers’ right to freedom of religion. The right to freedom of religion or belief of migrant workers is often even more violated than that of religious minorities, since being outside the State of nationality in practice weakens equal access to human rights. These violations include abuses of their right to life, arbitrary detention and various forms of discrimination in the labour market, housing, and in relation to education, and citizenship. International human rights law, however, guarantees migrant workers and members of their families enjoyment of the full scope of freedom of religion or belief, including its manifestation in public and in community with others, in worship, observance, practice, and teaching.

Are Turkey’s Restrictions on Freedom of Religion or Belief Permissible?

Religion and Human Rights ◽

10.1163/18710328-bja10010 ◽

2020 ◽

Vol 15 (1-2) ◽

pp. 172-191

Author(s):

Mine Yıldırım

Keyword(s):

Human Rights ◽

Freedom Of Religion ◽

High Status ◽

Human Rights Law ◽

Public Authorities ◽

Full Compliance ◽

Turkish Constitution ◽

The Right ◽

The Impact

Abstract This article constitutes a summary of the findings of an inquiry into the utilization of the restriction clause of freedom of religion or belief in the course of restriction of this right in Turkey. It demonstrates that FoRB is restricted in various ways by public authorities which rarely involve a systematic application of the FoRB restriction clause. Despite Turkey’s human rights obligations in the area of freedom of religion or belief and the high status conferred to international human rights law under Article 90 of the Turkish Constitution the impact of international provisions on the protection of FoRB in Turkey remains insufficient and inconsistent. The right to freedom of religion or belief has been restricted through measures based on “established practice”, decisions of public authorities based on laws and regulations not directly dealing with this right and court decisions that are not in full compliance with international law.

Freedom of Religion or Belief in International Human Rights Law and the Provenance of the Right to Establish and Maintain Places of Worship

Treading on Sacred Grounds ◽

10.1163/9789004289345_003 ◽

2015 ◽

pp. 21-61

Keyword(s):

Human Rights ◽

Freedom Of Religion ◽

Human Rights Law ◽

International Human ◽

The Islamic Republic of Iran and children’s right to education: availability & accessibility

Human Rights Education Review ◽

10.7577/hrer.3929 ◽

2021 ◽

Vol 4 (2) ◽

pp. 5-25

Author(s):

Shabnam Moinipour

Keyword(s):

Human Rights ◽

Religious Discrimination ◽

Human Rights Law ◽

Islamic Republic ◽

Right To Education ◽

Cultural Rights ◽

Rights Of The Child ◽

Islamic Republic Of Iran ◽

The Islamic Republic of Iran is obliged to respect the right to education under international human rights law and has made legal commitments to conform to the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC). Drawing on the framework developed by former Special Rapporteur of the UN High Commission for Human Rights on Education, Katarina Tomaševski, that education must be available, accessible, acceptable and adaptable, this article discusses Iran’s response to its obligation to make education available and accessible. It illustrates how the state is falling short in its duty to make education available and accessible to all children under its jurisdiction, reinforcing the gender inequities experienced by girls and practising religious discrimination in educational access.

Conscientious Objection to Military Service: International Human Rights Law and the Case of Turkey

Religion and Human Rights ◽

10.1163/187103210x513639 ◽

2010 ◽

Vol 5 (1) ◽

pp. 65-91

Author(s):

Mine Yildirim

Keyword(s):

Human Rights ◽

Military Service ◽

Legal Regulation ◽

Conscientious Objection ◽

Freedom Of Religion ◽

Human Rights Law ◽

International Human ◽

AbstractThe assessment of claims of conscientious objection to military service under freedom of religion or belief provisions has been an evolutive process in international human rights law. In Turkey, the right to conscientious objection to military service is not recognized, nor is there a specific punishment due for non-performance of military service on grounds of religious or philosophical beliefs. Military service is compulsory for every Turkish male citizen. The article in hand aims, firstly, to provide a survey on the status of the right to conscientious objection to military service in international human rights law and to propose a harmonizing interpretation that would allow for the evaluation of cases of conscientious objection under relevant provisions protecting freedom of religion or belief and secondly, to evaluate the Turkish legislation in relation to conscientious objection to military service and highlight human rights issues that arise due to a lack of legal regulation on conscientious objection to military service.