scholarly journals Al-Mabadi’ Al-Khamsah dan Al-Kulliyah Al-Khams; Sebagai Konsep Penjamin Hak Kebebasan Beragama Berkeyakinan

2021 ◽  
Vol 3 (2) ◽  
pp. 87-97
Author(s):  
Moch. Mukhlison ◽  
Muhammad Isnan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Minority Groups ◽  
The State ◽  
Freedom Of Religion ◽  
The Creation ◽  
The Right

The case of intolerance and restrictions on the right to religious freedom is a never-ending discourse. That is because these cases still occur in Indonesia with such high numbers. In the last five years, data shows an increase in cases of intolerance and restrictions on religious freedom. In this condition, it turns out that the right to freedom of religion and belief has not provided benefits for minority groups. This paper tries to reveal how the rights to freedom of religion and belief are upheld by the norms of Human Rights and the State as the guarantor. This article also tries to reveal that even Islam with the teachings of tolerance and the concept of Al-Mabadi 'Al-Khamsah and Al-Kulliyah Al-Khams provide support for the creation of justice, peace and harmonious relations between humans.

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 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,

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.

New Trends in Religious Liberty and the European Court of Human Rights

2010 ◽  
Vol 12 (3) ◽  
pp. 266-279 ◽  
Author(s):  
Ian Leigh
Keyword(s):  
Human Rights ◽  
Religious Education ◽  
Military Service ◽  
Religious Freedom ◽  
Religious Affiliation ◽  
The State ◽  
Religious Liberty ◽  
European Convention ◽  
European Court ◽  
The Right

This article analyses recent trends in the jurisprudence of the European Court of Human Rights concerned with the right to freedom of thought, belief and religion (Article 9, European Convention on Human Rights) and the right of parents to respect by the state for their religious and philosophical views in the education of their children (Article 2, Protocol 1).1 These developments include notable decisions concerned with protection from religious persecution in Georgia, with religious education in Norway and Turkey and with the display of crucifixes in state schools in Italy. It is apparent that the European Convention religious liberty jurisprudence increasingly stresses the role of the state as a neutral protector of religious freedom. For individuals religious freedom is now also recognised to include not only the right to manifest their religious belief but also freedom from having to declare their religious affiliation. As the religious liberty jurisprudence comes of age, other significant developments, for example in relation to conscientious objection to military service, can be anticipated.

scholarly journals Pembatasan Kebebasan Beragama Dan Berkeyakinan Di Indonesia Serta Implikasinya

2021 ◽  
Vol 8 (1) ◽  
pp. 85-107
Author(s):  
Rohit Mahatir Manese
Keyword(s):  
Human Rights ◽  
Literature Review ◽  
Minority Groups ◽  
The State ◽  
Universal Declaration ◽  
Freedom Of Religion ◽  
Religious Values

This article aims to describe caused the restriction of religion and belief freedom and its implications in Indonesia. The author’s argument on the ownership that limitation of the religion and belief freedom in Indonesia which have mainstreams about religious values and blasphemy. It causes diversity in Indonesia to limited pluralism experience. With the perspective of pluralism, limiting the religion and belief freedom is carried out by the state makes ancestral religions which is not declared as official religions. Apart from making the state that recognizes only six religions, this statement contradicts the Universal Declaration of Human Rights (UDHR) and the International Covenant. By using the literature review method, this article finds that the religion and belief freedom in Indonesia experiences delimited pluralism so this condition brings to negotiated on ancestral religions and intolerance to minority groups. Keywords: Freedom of Religion and Belief; Religious Value; Delimited Pluralism; Discrimination; Intolerance.

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.

scholarly journals DISKURSUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM TINJAUAN UNIVERSALISME HAM DAN RELATIVISME BUDAYA

2021 ◽  
Vol 20 (1) ◽  
pp. 131
Author(s):  
Fitrawati Fitrawati
Keyword(s):  
Human Rights ◽  
The State ◽  
Universal Declaration ◽  
Cultural Relativism ◽  
The Other ◽  
Freedom Of Religion ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Cultural Relativity ◽  
The Right

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.

scholarly journals An Empirical Investigation of the Use of Limitations to Freedom of Religion or Belief at the European Court of Human Rights

2020 ◽  
Vol 15 (1-2) ◽  
pp. 96-133
Author(s):  
Thiago Alves Pinto
Keyword(s):  
Human Rights ◽  
Empirical Investigation ◽  
The State ◽  
Freedom Of Religion ◽  
High Threshold ◽  
Legal Certainty ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Right

Abstract Most literature on freedom of religion or belief argues that there should be a high threshold for the imposition of limitations to the manifestation of the right. However, the practice of the European Court of Human Rights shows that the bar is much lower than academics suggest. This article explores this issue by analysing a plethora of cases and on the basis of interviews with lawyers connected to the Court. While the Court often considers the requirements of legality, legitimacy, and necessity, it does so briefly; focusing mostly on the analysis of proportionality and the margin of appreciation to the State in question. This approach makes the decisions exceedingly subjective and leads to little legal certainty in the area. Therefore, it is suggested that if the Court would analyse all criteria to impose limitations strictly, it could become more efficient while providing greater protection for persons to manifest their religion or belief.

Places of Worship

2014 ◽  
Vol 3 (3) ◽  
pp. 276-310
Author(s):  
Noel Villaroman
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Standard Setting ◽  
Freedom Of Religion ◽  
Special Rapporteur ◽  
Structural Requirement ◽  
International Standard ◽  
The Right ◽  
Conceptual Core

The present paper analyzes the substance of the right to establish and maintain places of worship in order to reveal the elements that make up its conceptual core. First, the process of international standard-setting in human rights is explained, in particular the important contribution of the un Special Rapporteur on Freedom of Religion or Belief to standard-setting. Second, the paper summarizes the outcomes of the standard-setting activities of the un Human Rights Committee and of the Special Rapporteur on Freedom of Religion or Belief with respect to places of worship. The analysis demonstrates the significance of the right to establish and maintain places of worship − a key religious freedom norm which aims to ensure that the structural requirement of religious freedom is adequately met.

scholarly journals Diskrimanasi Kelompok Liberal Terhadap Dakwah Orang Asli

2019 ◽  
Vol 6 (4) ◽  
pp. 355-362
Author(s):  
Firdhausy Amelia ◽  
Zahrotunnimah Zahrotunnimah
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Urban Areas ◽  
Minority Groups ◽  
Native People ◽  
Freedom Of Religion ◽  
Orang Asli ◽  
Small Minority ◽  
The Right ◽  
Native Place

AbstractIn Malaysia, there are still a number of small minority groups living far from urban areas. They are called Orang Asli. The life system is still very simple and underdeveloped. This native place is often targeted by da'wah and other religious approaches each year. Until recently the emergence of a statement from the humanitarian group, namely Pro Human Rights (Proham), which refused to preach the native people. As well as criticizing the Universiti Kebangsaan Malaysia (UKM) for the involvement of indigenous propaganda. Then this issue received support from a group of liberals in Malaysia. They argue that these activities have usurped the right to freedom of religion. This statement shows that there are acts of discrimination against Islam. Because it is only addressed to the propaganda of Islam, does not offend and dispute other religions.Keywords: Liberals, Caucasians, Indigenous Peoples, Malaysia. AbstrakDi Negara Malaysia, masih ada sejumlah kelompok kecil minoritas yang hidup jauh dari perkotaan. Mereka ini disebut dengan Orang Asli. Sistem kehidupannya pun masih sangat sederhana dan terbelakang. Tempat orang asli ini sering dijadikan target dakwah dan pendekatan agama lain di setiap tahunnya. Hingga baru-baru ini munculnya pernyataan dari kelompok kemanusiaan, yaitu Pro Hak Asasi Manusia (Proham) yang menolak dakwah terhadap orang asli tersebut. Serta mengecam pihak Universiti Kebangsaan Malaysia (UKM) atas terlibatnya dakwah orang asli. Kemudian isu ini mendapat dukungan dari sekelompok orang liberal di Malaysia. Mereka berpendapat bahwa kegiatan tersebut telah merampas hak kebebasan beragama. Pernyataan yang dibuat ini menunjukkan adanya tindakan diskriminasi terhadap agama Islam. Karena hanya ditujukan kepada dakwah agama Islam, tidak menyinggung dan mempermasalahkan agama lainnya.Kata Kunci: Liberal, Dakwah, Orang Asli, Malaysia.

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