scholarly journals Murtad dalam Perspektif Fikih, Teologi, dan Hak Asasi Manusia

TAJDID ◽  
2021 ◽  
Vol 28 (1) ◽  
pp. 105
Author(s):  
Miftahur Rahmah ◽  
Zainuddin Zainuddin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Research Data ◽  
Freedom Of Religion ◽  
Journal Articles ◽  
Sensitive Issue ◽  
Library Research ◽  
Comprehensive Manner ◽  
The Law ◽  
The Right

This study examines apostasy from the perspective of jurisprudence, theology and human rights. Freedom in choosing beliefs is the right of all humans. Even in Human Rights (HAM) it has been mentioned about basic human rights in detail, one of which is freedom of interest and religion. Not only in human rights, the law in Indonesia is the same. In Islam also regulates freedom of religion. But what is happening today is the issue of apostasy, which is an important issue in Islam. This study often occurs among Muslims and is a very sensitive issue because someone who leaves Islam or is called an apostate will disturb the feelings and harmony of many parties as well as the harmony of the community. This study aims to determine how apostasy is in the perspective of fiqh, theology and human rights. This type of research is library research. Data were collected through books and journal articles related to research. The results of this study indicate that there is no compulsion in adhering to religious beliefs. A person has the freedom to choose Islam or anything else. However, if someone has made his choice to Islam, then there is no freedom to choose anymore, that person must obey and obey the teachings of Islam in a kaffah (comprehensive) manner. There are penalties and sanctions for those who violate.

scholarly journals Ārstniecības personas tiesības paust savu reliģisko pārliecību darba tiesiskajās attiecībās

2021 ◽  
Vol 2 (20) ◽  
pp. 188-211
Author(s):  
Laura Šāberte ◽  
Dace Tarasova ◽  
Karina Palkova
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Labor Law ◽  
Medical Practitioner ◽  
Case Law ◽  
Medical Rehabilitation ◽  
Freedom Of Religion ◽  
Employment Relations ◽  
Medical Practitioners ◽  
The Right

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.

scholarly journals Accommodating What Needn’t Be Special

2016 ◽  
Vol 10 (2) ◽  
pp. 319-340 ◽  
Author(s):  
George Letsas
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Religious Beliefs ◽  
The Other ◽  
Religious Practices ◽  
Freedom Of Religion ◽  
Turn On ◽  
Other Hand ◽  
Religious Accommodation ◽  
The Right

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.

scholarly journals Perlindungan Hukum terhadap Pengikut Aliran Syiah di Kabupaten Sampang Jawa Timur

2015 ◽  
Vol 4 (02) ◽  
pp. 243-260
Author(s):  
Achmad Maududi
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Legal Protection ◽  
Protection Of Human Rights ◽  
Religious Sect ◽  
The Law ◽  
The Right

Abstract : The followers of Syiah religious sect in Sampang can get legal protection when they  want to do Bai’at again to the teachings of Ahlus sunnah wal Jamaah. It is agreed, because they believe Itsna Asyarah Syiah religious sect that its existing banned in Indonesia. Legal protection for them is the right of  citizens of Indonesia stipulated in the 1945 constitution. The guarantee of 1945 constitution, written constitution,  in the case of  citizens protection states  itself as the law state that the implementation of its goverment based on law. As a consequence of the law state,  recognation, respect, and protection of human rights should get a serious attention without discrimination in any forms. That the violence for whatever reason that may lead to violence action on the protect of religion is not justified forever. This is in accordance with embodiments of  article 28 and 29 of 1945 constitution which says that every citizens  has the right to run their  each religious beliefs and convictions.Keywords: Legal protection, Syiah, Sampang

scholarly journals Civic and legal provision of freedom of missionary activity

2013 ◽  
pp. 204-207
Author(s):  
Anatolii M. Kolodnyi
Keyword(s):  
Civil Society ◽  
Religious Beliefs ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activity ◽  
Freedom Of Conscience ◽  
Legal Provision ◽  
Teaching Religion ◽  
The Law ◽  
The Right

Ukraine is a country of freedom of beliefs and beliefs. The Constitution of the country (Article 35) provides its citizens with not only the right to profess any religion, but also the freedom of religious activity, prohibits the binding of any one of the religions by recognizing it as a state. In the civil society of Ukraine, each of its citizens is sovereign. In accordance with the Law on Freedom of Conscience and Religious Organizations (Article 3), he is free to accept or change his religion of his choice. Every citizen has the right to express and freely distribute his religious beliefs. "No one can set obligatory beliefs and outlooks. No coercion is allowed in determining a citizen's attitude to religion ..., to participation or non-participation in worship, religious rites and ceremonies, teaching religion. " Thus, by proclaiming the right to freedom of religion, freedom of religion, the Ukrainian state, if it considers itself to be democratic and claims to join such a united Europe, is obliged to create conditions for the functioning of different religions in its territory.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Access to Court v State Immunity

2003 ◽  
Vol 52 (2) ◽  
pp. 297-332 ◽  
Author(s):  
Emmanuel Voyiakis
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
State Immunity ◽  
European Court ◽  
The Law ◽  
The Right

This comment discusses three recent judgments of the European Court of Human Rights in the cases of McElhinney v Ireland, Al-Adsani v UK, and Fogarty v UK. All three applications concerned the dismissal by the courts of the respondent States of claims against a third State on the ground of that State's immunity from suit. They thus raised important questions about the relation the European Convention on Human Rights (the Convention)—especially the right to a fair trial and access to court enshrined in Arcticle 6(1)—and the law of State immunity.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

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.

scholarly journals The Legal Position and Factual Situation of Women Participation to Inheritance in Kosovo

2014 ◽  
Vol 4 (1) ◽  
pp. 271
Author(s):  
LL.M. Egzonis Hajdari
Keyword(s):  
Human Rights ◽  
Legal Aspect ◽  
Practical Situation ◽  
Practical Reality ◽  
Legal Position ◽  
The Law ◽  
The Right ◽  
Women Participation

The right to inheritance represents one of the basic human rights. As such this right is regulated by the law. The Law on Inheritance in Kosovo regulates substantially, all the issues related to inheritance. In this context, this Law contains numerous rules that proclaim full equality of women with men to inheritance.Regardless of equality proclaimed by law practical reality of life indicates a different situation. This reality proves that women participation to inheritance nevertheless is very small. The reasons for this situation are numerous and diverse, but mostly they have to deal with the still existence in people's conscience of many customary rules, which constantly treated women as a subject of second hand. In this article a modest attempt is made to reflect besides legal aspect also the practical situation indicating the degree of women participation to inheritance in Kosovo, in all grades that she may appear as heir.

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