7. The Church vs. the State: Borders, Migrants, and Human Rights

2020 ◽  
pp. 93-103
Author(s):  
Jacqueline Maria Hagan
Keyword(s):  
Human Rights ◽  
The State ◽  
The Church

Women Bishops: Equality, Rights and Disarray

2013 ◽  
Vol 15 (2) ◽  
pp. 158-174 ◽  
Author(s):  
Rob Clucas ◽  
Keith Sharpe
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Church Of England ◽  
The State ◽  
Recent History ◽  
Equality Rights ◽  
History Of ◽  
Ordination Of Women ◽  
The Church

In this article we discuss the recent history of the failed draft Bishops and Priests (Consecration and Ordination of Women) Measure, situating this within the broader context of the ordination of women and debates around the Equality Act exceptions for an organised religion. We aim to provide an account of the ways in which equality rights have been implemented in the relevant law; how the Church of England is responding to these rights; and how broader society understands the importance of gender equality and reacts to Synod's rejection of the draft Measure. We analyse these with reference to theories of heteronormativity and scholarship of human rights. In doing so, we aim to explain what is happening in the Church of England and broader society, and draw some conclusions about the current opportunities open to the Church and the state in matters of rights and equality.1

scholarly journals Religion in the Public Forum

2011 ◽  
Vol 13 (3) ◽  
pp. 274-286 ◽  
Author(s):  
Roger Trigg
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Church Of England ◽  
The State ◽  
Individual Freedom ◽  
Basic Principles ◽  
The Public ◽  
European Court ◽  
Important Means ◽  
The Church

Must the state be neutral to all religious and philosophical positions? This article argues that that is an impossibility and that the most basic principles of our democratic society, such as our belief in the importance of individual freedom and equality, are Christian in origin and need their Christian roots. The relevance of recent judgments in the European Court of Human Rights and in English courts is discussed. In particular, exception is taken to views of religious belief that see it as subjective, irrational and arbitrary. It is argued that religion needs to take its place in the public arena, and that the national recognition of the Church of England through establishment is an important means to that end.1

scholarly journals Notas acerca de la formación histórica de la Ciencia del Derecho Eclesiástico

2003 ◽  
Vol 10 ◽  
pp. 403
Author(s):  
Lourdes RUANO ESPINA
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The State ◽  
Training Process ◽  
Legal Science ◽  
The Law ◽  
The Right ◽  
The Church

If the historical training process of the Ecclesiastic Law was begun when the State was considered legitimated to legislate in ecclesiastic matters, defending its own front sovereignty against the monopoly of the domain of the Law of the Church, at present, its consolidation as autonomous legal Science has been possible thanks to the recognition, tutela and promotion of the human rights and, in particular, of the right to religious freedom.

Engaging with the State for the Common Good: Some Reflections on the Role of the Church

2009 ◽  
Vol 11 (2) ◽  
pp. 169-180
Author(s):  
Peter Smith
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Social Issues ◽  
The State ◽  
Fundamental Rights ◽  
European Convention ◽  
The Common Good ◽  
The Common ◽  
The Right ◽  
The Church

The Canon Law of the Roman Catholic Church establishes the right of the Church to proclaim the Gospel and expound it, and to proclaim moral principles especially when this is required by fundamental rights or ‘for the salvation of souls’ (Canon 747). While this was taken for granted for centuries, society and culture have undergone rapid and extensive changes, especially over the last forty years. From what was once a Christian society and culture, we have moved to a multicultural and secular society, and have seen the rise of ‘ideological secularism’. The place of religion and religious values in the public forum is being questioned, and an aggressive secularism seeks to reduce religion and its practice to the private sphere. However, a healthy secularity should recognise both the autonomy of the state from control by the Church and also the right of the Church to proclaim its teaching and comment on social issues for the common good of humanity. This right is recognised in the 1948 Universal Declaration of Human Rights and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms. From the Church's point of view, this right was recognised for all religions in the Second Vatican Council's ‘Declaration on Religious Liberty’. We must defend that right because the Church exists not for its own sake but for the sake of humanity.

Conclusion

2018 ◽  
Author(s):  
Michael P. DeJonge
Keyword(s):  
Human Rights ◽  
Moral Authority ◽  
The State ◽  
Political Resistance ◽  
The West ◽  
Political Thinking ◽  
Humanitarian Organizations ◽  
The Church

The Conclusion considers the distance between Bonhoeffer’s politics and ours. Our own thinking about political resistance in the West tends to begin with the idea of inviolable human rights, the protection of which is a chief duty of the state. If the state allows those rights to be violated or violates them itself, individual citizens ought to resist, and the church should lend its moral authority. As this book has shown, Bonhoeffer’s vision of resistance differs from ours in several important ways. His political thinking privileges not rights but the state’s mandate for preservation. And for him it is not the chief task of the church but rather humanitarian organizations to speak out against the state on moral grounds. This latter, consistently articulated distinction between humanitarian organizations and the church as the gospel community frequently sets Bonhoeffer’s politics at some distance from ours.

scholarly journals Aðskilnaður ríkis og kirkju. Almenn umræða á „stuttri tuttugustu öld“. Fyrri grein - Með aðskilnaði

2019 ◽  
Author(s):  
Hjalti Hugason
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The State ◽  
Point Of View ◽  
Church Membership ◽  
Religious Communities ◽  
The People ◽  
The Cost ◽  
Evangelical Lutheran ◽  
The Church

In this article and another which follows the author analyses the discourse about the separation of the state and the national church in Iceland over the period 1915–1995 — called “the short 20th century”. In this first article it will be dealt with the arguments for separation. In the second one views against separation will be discussed. Various ecclesiastical, theological or religious arguments were presented for separation. First it was pointed out that the liberal theology had made a schism within the national church which according to the constitution of Iceland should be evangelical-Lutheran. Therefore, it would be best to separate the church from the state as soon as possible so that the liberal ones and the conservatives could go their own ways in the future. Later it was stated that the separation between the state and the national church increased the freedom of church in fulfilling its vocation. It was also argued for separation from the ecumenical point of view and stated that the religious communities in the country should stand on equal footing in spite of various size. Many advocated for separation on the basis of human rights views. Some of them stated that the national church system effectively prevented the constitutional religious freedom of the people. It was also pointed out that the national church enjoyed a multitude of direct and indirect economical support from the state. In this way, all Icelanders indirectly participated in the cost of churchwork regardless of their church membership and religious beliefs. Finally, some recommended separation of financial reasons. They pointed out that the state invested large sums in the church, which, however, had few formal roles in the society.

scholarly journals Endangering the principle of secularity with new legal solutions in the Republic of Serbia

2021 ◽  
Vol 55 (3) ◽  
pp. 751-770
Author(s):  
Miljan Lazović ◽  
Dušan Ilić
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
The State ◽  
Religious Communities ◽  
The Republic ◽  
The Government ◽  
The One ◽  
The Right ◽  
The Relationship ◽  
The Church

In this paper, the authors deal with the analysis of new antidiscrimination legal solutions proposed by the Ministry of Human and Minority Rights and Social Dialogue of the Government of the Republic of Serbia, which would redefine the relations between the state and the church. The focus of the research will be especially on those solutions that could threaten, on the one hand, the principle of secularity, and on the other hand, some of the fundamental human rights, such as the right to freedom of thought, conscience and religion. The solutions proposed by the amendments to the Law on Prohibition of Discrimination, it seems, could be problematic from the standpoint of guaranteeing certain fundamental human rights and freedoms, but also the autonomy of churches and religious communities. Some of the proposals made by the Ministry could be seen as an attempt to return the verbal offence to the Serbian legal system. Accordingly, the authors will try to re-examine the possible impact of changes in antidiscrimination legislation on the relationship between the state and the church, but also on the possible suppression of religious rights and freedoms in the Republic of Serbia in the coming period.

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