scholarly journals Analysis of real-estate property issues between the Serbian Orthodox Church and the Montenegrin state in the context of adopting the Act on freedom of religion or belief and the legal status of religious communities

2020 ◽  
Vol 59 (88) ◽  
pp. 111-133
Author(s):  
Sanja Arežina
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
Religious Community ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Adoption Process ◽  
Orthodox Church ◽  
The Status ◽  
Estate Property ◽  
Mutual Relations

The entry into force of the Act on Freedom of Religion or Belief and the Legal Status of Religious Communities (hereinafter: the Freedom of Religion Act) in January 2020 provoked reactions and protests from the Orthodox population of Serbian descent in Montenegro because some provisions of this Act allow for the confiscation of centuries-old real-estate property of the Serbian Orthodox Church dioceses in Montenegro. It should be noted that the Serbian Orthodox Church (SOC) is the only religious community in Montenegro with which the Montenegrin authorities have not concluded a Fundamental Agreement on the Regulation of Mutual Relations. In order to reach a compromise solution, negotiations have begun between the dioceses of the SOC in Montenegro and the Montenegrin authorities. In this article, the author discusses the history of relations between the SOC and the Montenegrin state in the period from the beginnings of Montenegrin statehood in the 15th century to the enactment of the the Freedom of Religion Act in early 2020. In particular, the paper focuses on the regulation of real-estate property issue in that period, the factors that influenced the adoption of this Act, the adoption process, the analysis of provisions related to real-estate property issues, and the recommendations of the Venice Commission. The author uses the structural-functional analysis, induction and deduction methods to prove the basic hypothesis that the Montenegrin authorities will not be able to ignore the legitimate rights of the SOC's dioceses in Montenegro regarding the regulation of real-estate property issues, and that the two sides will find an interest to reach a compromise during the negotiations on the disputed Act and conclude the Fundamental Agreement in order to permanently resolve the status of the Serbian Orthodox Church in Montenegro.

Part V Global and Regional Security Mechanisms, Ch.58 The Organization for Security and Co-operation in Europe

2021 ◽  
Author(s):  
Greminger Thomas
Keyword(s):  
Legal Status ◽  
Regional Security ◽  
Legal Personality ◽  
Relevant Today ◽  
Legal Context ◽  
The Status ◽  
Operational Activities ◽  
Mutual Relations ◽  
The Cold War ◽  
United Nations Charter

This chapter details how, for several decades, the normative framework for European security has been based on the principles and commitments of the Helsinki Final Act. The Helsinki principles and commitments, the result of more than two years of almost unbroken diplomatic negotiations, became the basis for guiding mutual relations amongst the participating States during the Cold War and helped to smooth the process of post-Communist transition. They remain relevant today as the fifty-seven participating States of the Organization for Security and Co-operation in Europe (OSCE) look to return to a rules-based system in order to enhance predictability, trust, and stability. The chapter looks at how OSCE principles and commitments have contributed to promoting security and cooperation in Europe. It explores how a political body, and the norms articulated by its participating States, fit into the framework of international law, and influence or are driven by it. Moreover, the chapter considers the impact that the unclear legal status of the OSCE has, particularly on operational activities. It analyses the OSCE as a political arrangement, its legal context, its structures, the status of its international legal personality and its impact, the OSCE as a regional arrangement under the United Nations Charter, and the various dimensions of the OSCE’s work.

scholarly journals Presecular character of Montenegrin Law on Freedom of Religion in context of Fuller's demands for internal morality of law

2020 ◽  
pp. 7-26
Author(s):  
Vladimir Đurić ◽  
Vasilije Marković
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
Basic Principle ◽  
Legal Status ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
The Rule Of Law ◽  
Material Sources ◽  
Internal Morality ◽  
The Law

The authors analyse the new Montenegrin Law on Freedom of Religion or Belief and the Legal Status of Religious Communities from two aspects: the aspect of the socio-political context of its adoption (material sources of law) and formal aspects of the provisions of the Law itself (formal source of law) in order to point out the serious imperfections of that Law. Regarding the first aspect, wider social context in Montenegro is analysed in comparison with European regulative principles of area of religious freedoms. As for the provisions of the Law itself, they are considered in the context of Fuller's theory of the internal morality of law and its 8 requirements that make law possible in order to examine in detail whether and to what extent the Law fulfils the principles of legality as a basic principle for realization of the rule of law. The conclusion of the analysis from both aspects is that the analysed Law is also full of imperfections and obviously incompatible with the values of the rule of law.

THE LEGAL – POLITICAL POSITION OF THE ISLAMIC RELOGIOUS COMMUNITY IN THE KINGDOM OF SCS JUGOSLAVIA (1918-1935)

2018 ◽  
Vol 28 (7) ◽  
pp. 2459-2466
Author(s):  
Rejhan Mandak
Keyword(s):  
World War I ◽  
Legal Status ◽  
Religious Community ◽  
Peace Treaty ◽  
Muslim Population ◽  
Islamic Religion ◽  
The Status ◽  
Court Proceedings ◽  
Marital Disputes ◽  
The 19Th Century

The position and organization of the Islamic religious community of Muslims in the newly formed Kingdom of SCS in different parts of the country were set differently. The Islamic religion in the Kingdom of Serbia during the second half of the 19th century, up to the World War I, had the status of a recognized religion, but not equal to the Orthodox one. Up to the First Balkan War, Islam had the same status in Macedonia. After the Balkan Wars (1912–1913), the Ottoman rule ceased in Macedonia, Kosovo and Sandjak. The new territories were added to the Kingdom of Serbia and Montenegro. In these areas, the Muslim population was significant in numbers, so the question of their religious and civil-legal status was raised. These questions were also entered into the content of the Peace Treaty, signed between the Kingdom of Serbia and the Ottoman State on 14th March, 1914, in Istanbul. The Constantinople Agreement envisioned establishment of an entire religious organization of Muslims in the Kingdom of Serbia. The head of Muslims for the Kingdom of Serbia was the Supreme Mufti seated in Nis, and later in Belgrade, and in each Muslim-populated district there would be a mufti, which had local religious, administrative, educational and judicial power over the Muslim population. One of the characteristic of the Muslims in Vardar Macedonia, as well as in Kosovo and Sandjak, is that the religious and sharia-judicial functions were merged in one person – the mufti. With the Decree on the organization of courts and court proceedings in the incorporated areas in old Serbia, (referring to Macedonia, Kosovo and Sandjak) from 7th June, 1914, the jurisdiction of the mufti also included marital disputes of Muslims, disputes over support, guardianship and its obligations, as well as the emancipation of young people.

Compensation to the Divorced Woman in the Israeli Druze Family

1977 ◽  
Vol 12 (3) ◽  
pp. 330-343 ◽  
Author(s):  
Aharon Layish
Keyword(s):  
Spiritual Leadership ◽  
Religious Community ◽  
Religious Communities ◽  
District Court ◽  
Exclusive Jurisdiction ◽  
Personal Status ◽  
The Status ◽  
Court Of First Instance ◽  
Court Of Appeal ◽  
Religious Courts

Neither under Ottoman rule nor under the Mandate—nor even under Israel law until 1957—were the Druzes recognised as a religious community. Until quite recently, they resorted to the Sharī'a Courts in matters of personal status although under the Palestine Order-in-Council of 1922 these courts had no jurisdiction over non-Muslims. But in 1957, the Druzes gained recognition as a religious community within the meaning of the Religious Communities (Organisation) Ordinance, 1926, and the Druze Spiritual Leadership was given the status of a religious council within the meaning of the Religious Communities (Organisation) (Druze Community) Regulations, 1957. In 1963, by virtue of the Druze Religious Courts Law, 1962, a court of first instance and a court of appeal were established for the community. These have exclusive jurisdiction in matters of marriage and divorce of Druzes in Israel who are nationals or residents of the State. In other matters of personal status they have concurrent jurisdiction. In the absence of agreement to the jurisdiction of the religious court, jurisdiction vests in the District Court. The Druze courts also have exclusive jurisdiction in matters relating to the creation or internal administration of waqfs (endowments) established before a Druze court under Druze law or established, prior to the coming into force of the Druze Religious Courts Law, in accordance with Druze custom and not before any judicial authority.

The Prohibition of Ritual Slaughtering (Kosher Shechita and Halal) and Freedom of Religion of Minorities

2006 ◽  
Vol 22 (1) ◽  
pp. 1-62 ◽  
Author(s):  
Pablo Lerner ◽  
Alfredo Mordechai Rabello
Keyword(s):  
Animal Rights ◽  
Legal Status ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Animal Suffering ◽  
Religious Minorities ◽  
Significant Challenge ◽  
Nation States ◽  
Rights Discourse ◽  
The Right

The statutory prohibition against ritual slaughter, which does not stun the animal prior to slaughter, as required in most Western nations, poses a significant challenge for the international right to freedom of religion or belief in European nation-states. This prohibition is important not only in Europe, or because of the prohibition itself, but because it implicates the legal status of two minority religious communities in these nation-states, those of Judaism and Islam. Some animal rights advocates have objected to ritual slaughter without stunning because, in their view, it causes needless suffering by the animal, and they have been successful in getting their views enacted into law in a number of European countries. Indeed, some countries prohibit ritual slaughtering altogether, as we shall discuss below.This paper argues that the right to freedom of religion or belief requires nation-states to respect the rights of religious minorities that engage in ritual slaughter, even if they recognize the importance of avoiding unnecessary suffering of animals. Following a review of the legal status of animals in rights discourse generally, we will show why the prohibition of ritual slaughter needlessly results in discrimination against religious minorities, and why it is important that nation-states attempting to reduce animal suffering more clearly specify realistic alternatives for avoiding such suffering that are compatible with current religious mandates about animal slaughter. We will also consider whether the alternative of importing kosher orhalalmeat in place of ritual slaughtering, proposed by some nation-states as a method of alleviating the harm to religious minorities, is an effective and fair alternative.

scholarly journals Primary community of modern ukrainian orthodox church as a form church of sociality

2014 ◽  
pp. 22-33
Author(s):  
Yu. Borejko
Keyword(s):  
Social Relations ◽  
Daily Life ◽  
Institutional Structure ◽  
Religious Community ◽  
Religious Communities ◽  
Orthodox Church ◽  
Social Phenomenon ◽  
The Social ◽  
Religious Associations ◽  
The Church

In the article Boreyko Yuri Grigorovich «Primary community of modern ukrainian orthodox church as a form church of sociality» set significance of the religious community as a social phenomenon and the parish as a center of the institutional structure of the church in shaping religious orthodox believers, the ratio of the parish and the community as a form of religious associations, the nature of the participation of the believers in the daily life of religious communities and their integration into the social relations within the parish and the community. 

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.

Part 3 Vulnerable Groups, 3.4 Children

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Religious Education ◽  
Religious Community ◽  
Vulnerable Groups ◽  
Freedom Of Religion ◽  
Community Activities ◽  
Rights Of The Child ◽  
School Participation ◽  
The Family ◽  
The Status ◽  
The Right

This chapter examines the right of the child to religious freedom. The Convention of the Rights of the Child confirms the status of each individual child as a rights holder, including in the area of freedom of religion or belief. At the same time, the child needs a facilitating environment usually provided by the family. Parents have rights and duties to provide direction to the child in the exercise of his or her freedom of religion or belief in a manner consistent with the evolving capacities of the child. This has practical implications for religious socialization within the family and/or community, religious education in the school, participation or non-participation in religious community activities, the prevention of harmful practices, and other areas.

scholarly journals Limitations to Freedom of Religion or Belief in Georgia: Legislation and State Policy

2020 ◽  
Vol 15 (1-2) ◽  
pp. 153-171
Author(s):  
Ekaterine Chitanava ◽  
Mariam Gavtadze
Keyword(s):  
Case Law ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Orthodox Church ◽  
Preferential Treatment ◽  
Religious Institution ◽  
Policy And Practice ◽  
International Human Rights ◽  
Relevant Case ◽  
International Human

Abstract This article demonstrates legal and non-legal limitations of freedom of religion or belief (FoRB) in Georgia, characterized by an absence of relevant case law of common courts about restrictions to FoRB with legitimate aims. Instead, the State is using various instruments for interference, such as administrative barriers and artificial obstacles for religious communities. In certain occasions, its policy and practice do not comply with the constitutional principles and international human rights commitments of the country. The State’s preferential treatment of the dominant and influential religious institution, the Georgian Orthodox Church, ostracises other religious communities. This is further aggravated by the attempts of securitising and weaponising FoRB.

THE LEGAL – POLITICAL POSITION OF THE ISLAMIC RELOGIOUS COMMUNITY IN THE KINGDOM OF SCS JUGOSLAVIA (1918-1935)

2018 ◽  
Vol 28 (7) ◽  
pp. 2459-2466
Author(s):  
Rejhan Mandak
Keyword(s):  
World War I ◽  
Legal Status ◽  
Religious Community ◽  
Peace Treaty ◽  
Muslim Population ◽  
Islamic Religion ◽  
The Status ◽  
Court Proceedings ◽  
Marital Disputes ◽  
The 19Th Century

The position and organization of the Islamic religious community of Muslims in the newly formed Kingdom of SCS in different parts of the country were set differently. The Islamic religion in the Kingdom of Serbia during the second half of the 19th century, up to the World War I, had the status of a recognized religion, but not equal to the Orthodox one. Up to the First Balkan War, Islam had the same status in Macedonia. After the Balkan Wars (1912–1913), the Ottoman rule ceased in Macedonia, Kosovo and Sandjak. The new territories were added to the Kingdom of Serbia and Montenegro. In these areas, the Muslim population was significant in numbers, so the question of their religious and civil-legal status was raised. These questions were also entered into the content of the Peace Treaty, signed between the Kingdom of Serbia and the Ottoman State on 14th March, 1914, in Istanbul. The Constantinople Agreement envisioned establishment of an entire religious organization of Muslims in the Kingdom of Serbia. The head of Muslims for the Kingdom of Serbia was the Supreme Mufti seated in Nis, and later in Belgrade, and in each Muslim-populated district there would be a mufti, which had local religious, administrative, educational and judicial power over the Muslim population. One of the characteristic of the Muslims in Vardar Macedonia, as well as in Kosovo and Sandjak, is that the religious and sharia-judicial functions were merged in one person – the mufti. With the Decree on the organization of courts and court proceedings in the incorporated areas in old Serbia, (referring to Macedonia, Kosovo and Sandjak) from 7th June, 1914, the jurisdiction of the mufti also included marital disputes of Muslims, disputes over support, guardianship and its obligations, as well as the emancipation of young people.

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