scholarly journals REGISTRATION OF RELIGIOUS COMMUNITIES IN EUROPEAN COUNTRIES

2010 ◽  
Vol 4 (1) ◽  
pp. 99-117
Author(s):  
Sergej Flere
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
Religious Liberty ◽  
Religious Community ◽  
European Countries ◽  
Religious Communities ◽  
Religious Groups ◽  
European Court ◽  
Religious Cultures ◽  
Venice Commission

In the text regimes of religious community registration by statutory law in European countries is reviewed. Although freedom of religion is declared as a pricniple at the European level and individual constitutional provisions, varied obstacles to registering religious communities are set. They may reflect fear of abuse of religion or the intent to safeguard the hegemony of a traditionally entrenched religion. Some of these obstacles are historically entrenched, whereas in post-Communist countries they have been set during democrratic reconstruction. States differ in conditions for registration, in bodies competent to act upon such supplications, procedures in reviewing them and in practice. A trend toward reaching the standards set by the Europeaн Convention on Human Rights may be discerned. The major policies of the Venice Commission regarding religious liberty and a number of standard setting judgments by the European Court of Human Rights, regarding religious liberty, particularly within the registration of religious groups are reviewed in continuation. These policies and judgments ensue from a strict vision of individual and collective religious rights and may collide with traditional religious cultures favouring an entrenched church, within various confessional traditions in Europe. These opinions and judgments present a limited but important instrument of affirmation of religious liberty and suppressing state arbitrariness in the treatment of religious freedom, particularly of minority groups and beliefs. Problems of Orthodox cultures are stressed.

Lachiri v Belgium and Bans on Wearing Islamic Dress in the Courtroom: An Emerging Trend

2019 ◽  
Vol 21 (1) ◽  
pp. 48-53
Author(s):  
Kaushik Paul
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Public Spaces ◽  
Religious Liberty ◽  
Recent Case ◽  
European Convention ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Islamic Dress

In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recent case before the ECtHR as to the prohibition on wearing the hijab is Lachiri v Belgium. In this case, the ECtHR held that a prohibition on wearing the hijab in the courtroom constitutes an infringement of Article 9 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of religion or belief. From the perspective of religious freedom, the ruling of the Strasbourg Court in Lachiri is very significant for many reasons. The purpose of this comment is critically to analyse the ECtHR's decision in Lachiri from the standpoint of religious liberty.

scholarly journals Improving Human Rights Protection on the national and the European Level

2015 ◽  
pp. 36-51
Author(s):  
RUDOLF DUR SCHNUTZ
Keyword(s):  
Human Rights ◽  
National Level ◽  
European Level ◽  
Human Rights Protection ◽  
Current State ◽  
European Court ◽  
Protection Of Human Rights ◽  
Venice Commission ◽  
Effective Remedy ◽  
The Individual

The recent move towards the individual access to constitutional justice is a progress for protection of human rights in Europe. The explicit purpose of these efforts is to settle human rights issues on the national level and to reduce the number of cases at the Strasbourg Court. Such individual complaints have to be designed in a way that makes them an effective remedy which has to be exhausted before a case can be brought before the European Court of Human Rights. This paper points out the current state of these improvements on the national level in a difficult context on the European level and the recommendations of the Venice Commission in this regard.

Extradition Between European and African Countries: Overcoming the Challenges

2021 ◽  
Vol 11 (3) ◽  
pp. 288-319
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Criminal Court ◽  
European Countries ◽  
Criminal Proceedings ◽  
African Countries ◽  
European Court ◽  
Real Risk ◽  
Civil Proceedings ◽  
The Right

Although EU states use the European Arrest Warrant (EAW) for the purpose of surrendering a person who is accused of committing an offence or who has been convicted of an offence, they use extradition when dealing with countries outside the EU. However, they use surrender when dealing with the International Criminal Court (ICC). Thus, extradition is one of the ways in which African and European countries (especially EU members) are cooperating in the fight against crime. Case law from courts in some African and European countries and from the European Court of Human Rights, the Human Rights Committee and the Committee against Torture, shows that extraditions between African and European countries have been delayed or hampered by allegations of human rights violations in the requesting state. These allegations have focused on mainly two rights: the right to a fair trial and the right to freedom from torture. The European Court of Human Rights has held that the extradition of a person should not go ahead if his or her trial was or will amount to a flagrant denial of justice or where there is a real risk of being subjected to torture. Although African courts and international human rights bodies have also held that extradition should not go ahead where there is a real risk that the person will be subjected to torture or where his/her trial will be unfair, they have not adopted the ‘flagrant denial of justice’ test. The case law also shows that some people have challenged the legal basis for their extradition. This article highlights this case law and suggests ways in which some of the challenges associated with extradition could be overcome. The article demonstrates that courts in some African and European countries have considered the nature of extradition enquiries. In some countries, such as Kenya, courts have held that extradition enquiries are criminal proceedings. However, in the United Kingdom, courts have held that extradition enquiries are criminal proceedings of a special type. There is consensus that extradition enquiries are not civil proceedings.

Intellectual Elites

2019 ◽  
pp. 81-101
Author(s):  
Sarah Stroumsa
Keyword(s):  
Religious Community ◽  
Religious Communities ◽  
Philosophical Tradition ◽  
Religious Groups ◽  
Small Minority ◽  
Intellectual Elites

This chapter focuses on Andalusian philosophers. Philosophers, in al-Andalus as elsewhere in the medieval Islamicate world, were committed to what can be called “the philosopher's life,” namely, the unremitting effort to attain human perfection. At the same time, as intellectuals integrated into their own societies, they could significantly shape their communities' cultural, communal, and even political profiles. Philosophers in al-Andalus truly shared a common philosophical tradition. Jews and Muslims alike read scientific and philosophical works translated from Greek into Arabic, as well as books by earlier Muslim and Christian thinkers. Being a small minority within their respective religious communities, and sharing the same education, interests, concerns, and ideals, philosophers constituted, in some ways, a subculture of their own. While they lived fully within their own religious community and adhered to the boundaries between it and other religious groups, they were acutely aware of the commonality of philosophy. The chapter then evaluates the philosophical curriculum which guided the advancement of students to become philosophers, as well as the friendships formed between philosophers. It illustrates the inherently elitist nature of the philosophers' life qua philosophers.

scholarly journals Adventists in Montenegro—From the Atheistic Psychosis of Socialism to the Post-socialist Individuation of Adventism

Religions ◽  
2020 ◽  
Vol 11 (5) ◽  
pp. 233
Author(s):  
Vladimir Bakrač ◽  
Danijela Vuković-Ćalasan ◽  
Predrag Živković ◽  
Rade Šarović
Keyword(s):  
Religious Affiliation ◽  
Family Members ◽  
Sociology Of Religion ◽  
Roman Catholic ◽  
Religious Community ◽  
Religious Communities ◽  
Religious Groups ◽  
Valuable Data ◽  
Long Period ◽  
Depth Interview

The process of converting individuals to a particular religious community is one of the issues addressed by the Sociology of Religion. In the post-socialist Montenegrin society, there have been research works related to dominant religious communities, the Orthodox, the Roman Catholic, and the Islamic, while science has shown no interest in small religious groups. The Adventist movement in Montenegro, although present for a long period of time, has failed to mobilise individuals for conversion to a greater extent. Therefore, this research aims to find out when, under what conditions and in what way the individuals in Montenegro, as a post-socialist state, chose Adventism as religious affiliation, what affected this process the most, and were there any specificities in that regard. This paper is a result of a survey conducted via an in-depth interview with 17 believers of the Adventist Church. The obtained results indicate several valuable data: most respondents accepted the Adventist movement in Montenegro in the early 1990s; they got first-hand knowledge of this religion from their friends or wider family members and relatives, a consistent interpretation of the Holy Bible is the main reason for conversion. A significant factor in the process of conversion to Adventism is early religious socialisation within a family.

Case-law of the European Court of Human Rights in juvenile cases. Selected cases

2019 ◽  
Vol 584 (9) ◽  
pp. 18-32
Author(s):  
Elżbieta Czyż
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Young Person ◽  
Fair Trial ◽  
European Countries ◽  
European Court ◽  
Court Proceedings ◽  
The Right ◽  
Procedural Rights ◽  
Entire Procedure

The right to a fair trial, rules on deprivation of liberty are important standards in the entire procedure of dealing with juveniles, from detention to the end of court proceedings. The judgments of the European Court of Human Rights cited in the article illustrate what are the problems with complying with this standard in practice in several European countries, including Poland. It seems that one of the reasons may be declarative, apparent treatment of the rights of child/juvenile, especially when it concerns procedural rights. Teaching a young person respect for the law and responsibility for his behaviour requires subjective treatment so that he can feel, on his own example, the operation of a system based on clear, predictable, understandable rules.

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.

Winning the Battle by Losing the War: The Lautsi Case and the Holy Alliance between American Conservative Evangelicals, the Russian Orthodox Church and the Vatican to Reshape European Identity

2011 ◽  
Vol 6 (3) ◽  
pp. 213-219 ◽  
Author(s):  
Pasquale Annicchino
Keyword(s):  
Human Rights ◽  
Public Schools ◽  
European Convention ◽  
Russian Orthodox ◽  
Orthodox Church ◽  
Religious Groups ◽  
Russian Orthodox Church ◽  
European Court ◽  
Grand Chamber ◽  
Pyrrhic Victory

The compulsory display of crucifixes in Italian public schools does not violate the European Convention on Human Rights. The victory before the Grand Chamber of the European Court of Human Rights in the Lautsi judgment of a variegated coalition of actors ranging from the strong alliance between the Vatican and the Italian Government to the Russia of the New Orthodoxy as well as to American Conservative Evangelicals, promises to change our understanding of church-state relationship in Europe and signals the emergence of a ‘new ecumenism’ in which the religious groups of different traditions work together toward common political goals. But was this judgment a real success for the Holy Alliance that successfully overturned the first Lautsi decision? I will argue that the March 2011 decision may result in a pyrrhic victory. The continuous reliance on State support to defend majority religious privileges may endanger, rather than benefit, religious vitality.

scholarly journals Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights

2016 ◽  
Vol 24 (2-3) ◽  
pp. 107-134 ◽  
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
European Countries ◽  
The European Union ◽  
European Court ◽  
The Right

Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.

State Neutrality and Legal Status of Religious Groups in the European Court of Human Rights Case-law

2016 ◽  
Vol 11 (3) ◽  
pp. 189-223
Author(s):  
Fernando Arlettaz
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Case Law ◽  
European Convention ◽  
Level System ◽  
Religious Groups ◽  
Legal Personality ◽  
State Neutrality ◽  
European Court ◽  
Multi Level

From the premise of religious freedom, the European Court of Human Rights (ECtHR) case-law has established a State duty of neutrality concerning religious matters. However, the concept of neutrality is not univocal, and the ECtHR uses various different forms of it. States have a duty to allow religious groups access to legal personality, but they are not obliged to grant every religious group the same kind of legal personality. A double or multi-level system of recognition is legitimate under the European Convention on Human Rights (echr) if some conditions are fulfilled. The ECtHR has also affirmed that the most radical kind of double or multi-level system, that of an established church, is not contrary to the Convention. In a recent case, however, the ECtHR seems to have adopted a stricter approach to the legitimacy of privileges granted to some church/churches above other ones.

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