The Montenegrin Law on Freedom of Religion or Beliefs and Legal Status of Religious Communities

2021 ◽  
Author(s):  
Gerhard Robbers
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Religious Institutions ◽  
The European Union ◽  
International Human Rights ◽  
European Court ◽  
International Human

The European Court of Human Rights has underlined that freedom of religion or belief is one of the foundations of a democratic society. It is seriously endangered when churches, temples, monasteries and other religious institutions owned by religious communities are arbitrarily expropriated by the state. This study analyses the Law on Freedom of Religion and Belief and the Legal Status of Religious Communities of Montenegro of 2019 in light of international human rights instruments and in light of Montenegro's possible accession to the European Union.

Labour Rights as Human Rights: Implications for Employers’ Free Movement in an Enlarged European Union

2007 ◽  
Vol 9 ◽  
pp. 357-386 ◽  
Author(s):  
Tonia Novitz
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Free Movement ◽  
The European Union ◽  
Labour Rights ◽  
European Court ◽  
The Right ◽  
Ec Law ◽  
The Eu

This chapter considers the legal status of labour rights as human rights within the European Union (EU) and the implications that this may have for free movement provisions under European Community (EC) law. This is not by any means a new subject for analysis and reflection, but has been of particular concern since the fifth enlargement of the EU which commenced in 2004. It is in this context that we have witnessed significant litigation before the European Court of Justice concerning the scope of the right to strike, and widespread protest concerning the adoption of a new Directive on Services in the Internal Market.

Part 2 Discrimination, 2.2 State Religion

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
National Identity ◽  
Cultural Heritage ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
International Human Rights ◽  
Critical Questions ◽  
International Human ◽  
Belief States ◽  
The Relationship

This chapter analyses different ways of organizing the relationship between State and religious communities. Although official State religions are not forbidden in international human rights laws, they usually give rise to critical questions and concerns, in particular in light of the principle of non-discrimination. Many formally ‘secular’ States also privilege certain religions, often under the auspices of protecting their national identity or a particular cultural heritage, with discriminatory implications for people not following the dominant religions—illustrating that the term ‘secularism’ can carry very different meanings. Under freedom of religion or belief, States should provide an inclusive space for the free unfolding of religious or belief-related diversity for all, free from fear and free from discrimination. A ‘respectful distancing’ of State authority and religious communities—possibly in the name of an ‘inclusive secularism’—seems ultimately necessary in the interest of providing space for everyone’s freedom of religion or belief.

scholarly journals PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH

Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 148-158
Author(s):  
Mentari Jastisia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Status ◽  
International Human

Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe

The Project

2019 ◽  
pp. 6-31
Author(s):  
Shreya Atrey
Keyword(s):  
Human Rights ◽  
Current Status ◽  
The European Union ◽  
International Human Rights ◽  
European Court ◽  
Wide Range ◽  
The Us ◽  
Central Argument ◽  
International Human

Chapter 1 inaugurates the project by setting out the current status of intersectionality in discrimination laws across jurisdictions, including the US, UK, South Africa, Canada, and India, and in the jurisprudence of the European Court of Human Rights, the Court of Justice of the European Union, and international human rights treaty bodies. Although each jurisdiction’s tryst with intersectionality has been unique, the survey concludes by pointing out the similarities between the continuing legislative and judicial struggles in redressing intersectional discrimination successfully. This prepares the stage for the current intervention. The chapter goes on to define the central argument of this work and the parameters within which it unfolds. In particular, it explains the choice of comparative jurisdictions and the wide range of materials employed in making a case for intersectional discrimination.

Privacy in European, Civil, and Common Law

2016 ◽  
Author(s):  
N A Moreham ◽  
Tanya Aplin
Keyword(s):  
European Union ◽  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Council Of Europe ◽  
International Human Rights ◽  
European Court ◽  
Form Part ◽  
External Sources ◽  
International Human

The purpose of this chapter is to examine some of the external sources that influence the shape and scope of the protection of privacy in English law. Those influences are diverse. They include the jurisprudence of the European Court of Human Rights (ECtHR) and other institutions of the Council of Europe, European Union instruments, international human rights obligations, foreign common law jurisdictions, and European civil law. All of these sources form part of the multifaceted context in which English privacy protections are developing.

Recent Developments in Religious Liberty

2008 ◽  
Vol 11 (1) ◽  
pp. 65-72 ◽  
Author(s):  
Ian Leigh
Keyword(s):  
Human Rights ◽  
Religious Liberty ◽  
Freedom Of Religion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Recent Developments ◽  
International Human ◽  
The Uk

This is the first in what is intended as a series of comments on current developments in the law concerning freedom of religion that will appear regularly in this Journal. This first survey deals with religious liberty challenges brought in the UK courts in 2007 and 2008. A subsequent survey will examine similar developments in international human rights law and especially before the European Court of Human Rights.

The Hungarian Act CCVI of 2011 on Freedom of Conscience and Religion and on the Legal Status of Churches, Religious Denominations and Religious Associations in Light of the Jurisprudence of the European Court of Human Rights

2013 ◽  
Vol 8 (1) ◽  
pp. 3-22
Author(s):  
Júlia Mink
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Freedom Of Conscience ◽  
International Human Rights ◽  
Protestant Church ◽  
European Court ◽  
Religious Associations ◽  
International Human

Abstract In 2011 Hungary replaced and completely reversed its formerly existing ‘liberal’ regulation of the registration of churches and church status by constituting a system built upon a highly dubious procedure and a set of stricter criteria. The aim of this article is to provide—after a brief summary of the process leading to the adoption of the present regulation—an assessment of the controversial, much debated Act CCVI of 2011 on freedom of conscience and religion and on the legal status of churches, religious denominations and religious associations in view of international human rights law standards as set by the ECHR and the jurisprudence of the ECtHR. The actual implementation and impact of the new Act will be demonstrated via the case of the Hungarian Evangelical Fellowship, a small, formerly registered free protestant church of Methodist denomination, which lost its church status after 30 years of lawful operation and still strives for recognition.

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