scholarly journals An Example of the Principle of Cuius Regio, Eius Religio in the 21st Century – A Test of the Right to Property and Freedom of Religion in Montenegro and the Neutrality of the State

2020 ◽  
Vol 66 (4) ◽  
pp. 452-482
Author(s):  
Stojan Mićović
Keyword(s):  
21St Century ◽  
The State ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Church Organization ◽  
Tectonic Disturbances ◽  
The Law ◽  
The Right ◽  
State Relations ◽  
The Church

The neglect of freedom of religion is relevant once again. Montenegro passed its Law on Freedom of Religion, which caused tectonic disturbances in the relations between the state and the church, prescribing the nationalization of church land and shrines, inherently challenging the legal continuity of certain religious communities and with a questionable generality, i.e. the ability to apply to all. The law provoked mass litanies of Orthodox faithful as non-violent resistance, which also received recognition by the global public. A particular facet is the aspiration of the President of Montenegro and the decades-long ruling political party to form a new, independent Orthodox Church. There is thus a unique case in 21st century Europe that a government in a secular state is officially charging itself with the reorganization of an existing church organization. This article deals with the Law on Freedom of Religion in Montenegro, its concordance with the Constitution of Montenegro and the ECHR, and also analyzes the relationship between Montenegrin religious policy and the principle of state neutrality, as an indispensable principle of modern regulation of the church-state relations, bearing in mind the legislation and political situation in Montenegro until August 30, 2020.

Part 1 Freedom of Religion or Belief, 1.3.9 Communicate with Individuals and Communities on Religious Matters at the National and International Level

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
The State ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Public Order ◽  
International Level ◽  
Right To Communicate ◽  
The Right ◽  
Domestic Level

This chapter focuses on issues concerning the right to communicate on religious matters at the national and international level. Such communications not only encompass transmitting and receiving verbal or written religious messages, but also personal contacts, processions, and pilgrimages. At the domestic level, processions or parades may provoke violent clashes and public order problems, often leading the State authorities to ban or restrict such processions. Meanwhile, at the international level, religious communities and their pilgrimage sites are usually not confined to the territory of only one State, which naturally leads to the need for international communications and pilgrimages. This situation illustrates the overlap of the right to communicate in matters of religion also with the rights to disseminate publications and to teach a religion or belief. Issues of interpretation include the questions whether communications are also covered by this freedom if they are made for proselytizing purposes or if they involve transfrontier travels in order to attend a religious meeting or undertake a pilgrimage.

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.

VERSKO PITANjE U VIDOVDANSKOM USTAVU

2021 ◽  
Author(s):  
Velibor Džomić ◽  
Keyword(s):  
Roman Catholic ◽  
The State ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
The Political ◽  
Entire Nation ◽  
The Right

In 1918, the Kingdom of Serbs, Croats and Slovenes included various peoples and numerous churches and religious communities. The largest number of inhabitants of the new state belonged to the Orthodox, Roman Catholic and Muslim religions. The founder of the Constitution had the obligation to regulate the right to freedom of religion by the Constitution and to ensure equality between the existing churches and religious communities. The founder of the Constitution decided to reject the earlier constitutional model of the state religion from the Kingdom of Serbia and the Kingdom of Montenegro and to standardize the constitutional model of adopted or recognized religions. The political basis for the new constitutional solution was found in point 7 of the Corfu Declaration, which stated that ”all recognized religions will be exercised freely and publicly. The Orthodox, Roman Catholic and Mohammedan religions, which are the strongest in our nation in terms of the number of followers, will be equal and equal to the state. Based on these principles, the legislator will take care to preserve and maintain confessional peace, which corresponds to the spirit and past of our entire nation”. The paper analyzes the norms of the Vidovdan Constitution on freedom of religion.

scholarly journals Stosunek państwa do kościołów w Rosji od chrztu Rusi do rewolucji październikowej : (od X w. do 1917 r.)

2001 ◽  
Vol 44 (1-2) ◽  
pp. 185-211
Author(s):  
Jelena Byś
Keyword(s):  
Civil Rights ◽  
Church History ◽  
The State ◽  
Church Organization ◽  
Russian Orthodox Church ◽  
Russian State ◽  
First Millennium ◽  
The Law ◽  
First Time ◽  
The Church

The relation ship of the state to the Church in the course of history has always been problematic. This is true especially in Eastern Europe. This article presents the most significant historical events which influenced the relations between the state and the churches in Russia from Russia’s baptism in 10th century till the October Revolution of 1917. The text reveals the gradual emergence of cesaropapism, imported from Byzance and aiming at the full subordination of the churches to the state authorities. Several historical periods can be traced to this development. The first period begins at the end of the first millennium when Russia of Kiev was baptized, and lasts till the 14th century when Russia of Moscow arose. This time is marked by the building up of the church organization and its laws which developed from the beginning in close connection with the state law. The second period embraces the church history in the Moscow Russia, i.e. under Russia tsars, from the 14th till the 17th century. The state authority and the church authority seem to have a certain tendency to be balanced. Later on, however, as the Russian state is strengthened, the tsar began to have a decisive voice as well in church and religions matters. In the third period (18th cent. - 1903) there exists a system of severe control and supervision over the churches in Russia by the absolutist monarchy. The Russian imperium devided all confessions into three categories: the orthodox one, dominant and looked upon as loyal to the state; foreign confessions, Christian including (catholic and protestant) or non-Christian were tolerated. But sects of the orthodox origin were persecuted. The law regarded these sects as dangerous and harmful and a betrayal of the orthodox faith, and prohibited public worship, the faithful were deprived of their civil rights. As late as the end of 19th century, the idea of religious tolerance and freedom was unknown in the Russian law. At the beginning of the 20th century, Russian confessional law made a great step forward when acts guaranteeing religious freedom appeared. This development during the years 1903-1917 is characteristic of the fourth period. For the first time in Russia’s history, freedom of conscience and freedom of confession were stated by the law. The intolerance which ruled in the 17th – 19th centuries was transformed into tolerance of all confessions; even of those which were earlier persecuted. Nevertheless, the Temporary Government of Russia supported the dominant position and privileges of the Russian Orthodox Church.

scholarly journals State-confessional relations in their practical expression in Ukraine

2013 ◽  
pp. 62-74 ◽  
Author(s):  
Oleksandr N. Sagan
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Freedom Of Conscience ◽  
Constant Attention ◽  
The Law ◽  
The Right ◽  
The Church ◽  
The Way

The position of the state (its leaders and authorities) regarding the Church, the peculiarities of the established state-church relations greatly influence the nature of the development of church institutions and the level of religiousness of the population, as well as ensuring the right of citizens to freedom of conscience. Consequently, the development of a legal democratic Ukraine is impossible without constant attention of state bodies to the issue of guaranteeing freedom of conscience and religion, the state of which is currently dependent on their constitutional and legal regulation and the existence of a holistic mechanism for guaranteeing the said freedom, as well as from the way of monitoring and responding to violations of the law.

scholarly journals Religion and Land Rights in Indonesian Indigenous – State Relations (Case Study of Orang Rimba in Jambi)

2020 ◽  
Vol 10 (2) ◽  
pp. 230-251
Author(s):  
Mufdil Tuhri
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
State Recognition ◽  
The Right ◽  
State Relations

This paper will examine the contestation between religion and land rights in state and indigenous people’s relations in Indonesia from the perspective of national and International Laws. This paper will depart from the recent development of state recognition of customary law based on the Constitutional Court (MK) decision No. 35/2012 that state customary forest is not under the state forest. This paper will explain the significance of advocating Freedom of Religion or Belief for forest conflict and resonsidering to encompassing the land rights as part of Religious Rights for Indigenous People in Indonesia. To build the argument, this paper initially discuss on the discourse on the land rights in Indonesia, which is divided into two main sub topic, namely, a brief discussion on human rights for indigenous peoples from the perspective of national and international law. Furthermore, this paper will describe case studies of Orang Rimba in Jambi that will be consist of the belief of their indigenous religion and the particular problem of conflict of land and forest. The paper argues that land and religion constitute a unity for indigenous peoples who adhere to belief. This means that if buildings and lands as spiritual and worship place disappear then indigenous peoples will lose the right to worship according to the beliefs they believe. In fact, worship is a right attached to every citizen who cannot be reduced (non derogable rights) and should be protected and respected by the state. In conclusion, this paper will offers customary management in Indonesia through advocacy of freedom of religion or belief (FORB).

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.

scholarly journals Theoretical-legal aspects of constitutional regulation of the right to freedom of opinion and religion in Ukraine and the countries of continental Europe

2020 ◽  
Vol 2 (2) ◽  
pp. 15-20
Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activities ◽  
Freedom Of Conscience ◽  
Freedom Of Choice ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious cults and rituals, as well as to conduct religious activities. It is noted that in the states of continental Europe the constitutional and legal regulation of the right to freedom of opinion and religion is implemented differently. Thus, in the constitutions of Andorra, Bulgaria, Bosnia and Herzegovina, Armenia, Georgia, Estonia, Lithuania, Macedonia, Romania, San Ma-rino, Serbia, Czech Republic and Montenegro, the analyzed law is enshrined along with other human rights. In other constitutions of European states, the law under study is formulated in a separate article. It is stated that the constitutions of European states use unequal verbal designations of this right. In particular, such terminological expressions as "freedom of conscience and religion", "freedom of cults", "freedom of conscience, religion and other beliefs", "freedom of conscience and religion", "freedom of conscience", "freedom of religion and worship", " freedom of religion ”,“ freedom of choice of religion ”,“ freedom of conscience, religion and worship ”,“ freedom of religion and conscience ”,“ freedom of religious beliefs ”, which differ but have much in common. The expediency of deleting the term “freedom of world outlook” from Part 1 of Art. 35 of the Constitution of Ukraine and the consolidation of the term "freedom of conscience", which in its content, first, covers a broad sphere of spiritual, world-view of human being, and second, acts as the freedom of choice and assertion of the individual in the system of religious coordinates. It is proposed taking into account the European experience of constitutional and legal regulation of the right to freedom of opinion and religion of the provision of Art. 35 of the Constitution of Ukraine shall be read as follows: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious or ritual rites alone or collec-tively, to conduct religious activities. The exercise of this right may be restricted by law only in the interests of public order, the health and morals of the population, or the protection of the rights and freedoms of others. Churches and religious organizations in Ukraine are separated from the state and the state education system from the church. No religion can be recognized as binding by the state. Churches and religious organizations are equal before the law. It is forbidden to compel a person to choose and profess any religion or belief, to participate in re-ligious and ritual ceremonies or activities of a religious organization and to receive religious education.”

scholarly journals DEGREE OF SCIENTIFIC SUBSTANTIATION AND ADMINISTRATIVE AND LEGAL SUPPORT OF CONSTITUTIONAL FUNDAMENTALS OF STATE AND CHURCH RELATIONS

2021 ◽  
pp. 71-79
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Public Relations ◽  
Negative Impact ◽  
Legal Regulation ◽  
The State ◽  
Freedom Of Religion ◽  
Current State ◽  
Administrative Legislation ◽  
Scientific Substantiation ◽  
The Right ◽  
The Church

The article analyzes the development of scientific thought on the administrative and legal support of relations between the state and the church, as well as reveals the current state of national administrative legislation in the field of religion. It has been established that in the doctrine of administrative law studies of administrative and legal support of relations between the state and the church are of a fragmentary nature. This has a negative impact on the administrative and legal regulation of public relations in the sphere of religion, on the effectiveness of public government bodies implementing state policy in the sphere of religion, and on the state of protection of believers in Ukraine. It is concluded that the state of scientific substantiation of administrative and legal support of the constitutional principles of relations between the state and the church remains unsatisfactory in Ukraine. It is substantiated that in modern conditions of society development, the church, despite all the restrictions enshrined in the constitutional principles of relations between the state and the church, is an active participant in administrative relations. However, the imperfection of the existing mechanisms for the implementation of the right to freedom of religion and the constitutional principles of state-church relations, as well as gaps in the current administrative legislation sometimes lead to the fact that in practice these constitutional provisions are either not implemented in practice or implemented in full or in part, which, in its turn leads to tensions in society over freedom of religion and the activities of religious organizations.

Old Pastor and Local Bureaucrats: Recasting Church-State Relations in Contemporary China

Modern China ◽  
2018 ◽  
Vol 45 (5) ◽  
pp. 564-590 ◽  
Author(s):  
Jifeng Liu ◽  
Chris White
Keyword(s):  
Church Leaders ◽  
The State ◽  
Local State ◽  
Religious Activities ◽  
Contemporary China ◽  
Church Structure ◽  
Church State Relations ◽  
State Relations ◽  
The Church ◽  
Local Levels

In examining the relationships between a state-recognized Protestant pastor and local bureaucrats, this article argues that church leaders in contemporary China are strategic in enhancing interactions with the local state as a way to produce greater space for religious activities. In contrast to the idea that the Three-Self church structure simply functions as a state-governing apparatus, this study suggests that closer connection to the state can, at times, result in less official oversight. State approval of Three-Self churches offers legitimacy to registered congregations and their leaders, but equally important is that by endorsing such groups, the state is encouraging dialogue, even negotiations between authorities and the church at local levels.

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