Religion and Human Rights
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Published By Brill

1871-0328, 1871-031x

2021 ◽  
Vol 16 (2-3) ◽  
pp. 201-202

2021 ◽  
Vol 16 (2-3) ◽  
pp. 143-172
Author(s):  
Linda Hogan

Abstract The changing religious landscape in Ireland is the context for this analysis of the implications of the insertion of the 8th Amendment to the Irish Constitution (which in 1983 inserted Article 40.3.3 into the Constitution to give the unborn an equal right to life with that of the mother) and its subsequent repeal in the 2018 referendum. It considers how women’s right to abortion (within the limits specified by the Regulation of Termination of Pregnancy Act 2018) can be vindicated in the context of claims to freedom of religion or belief and in light of the continuing institutional power of the Catholic church in the provision of healthcare. The broader political implications of the changing religious landscape are also considered, as is the question of whether and how the relationship between religion and politics in Ireland can be re-conceptualised.


2021 ◽  
Vol 16 (2-3) ◽  
pp. 117-142
Author(s):  
Amal Idrissi

Abstract This paper will consider the extent to which two competing norms—freedom of religion, on the one hand, and Islam as the religion of the state, on the other—are in tension with each other as seen through the lens of three Muslim-majority countries in the Maghreb. I examine this potential tension in four steps: first, the transformation of meaning of the Arabic word “hurriyya” (freedom) during and after the 19th century; second, the articulation of Islam as the religion of the state in the constitutions of Morocco, Algeria, and Tunisia; third, the articulation of freedom of religion (whether freedom of worship or conscience) in the constitutional texts of these three countries, and finally, the question whether the laws and practices that implement these two constitutional norms are compatible or whether they in fact give priority to Islam as the state religion over the norm of freedom of religion. In Morocco, Algeria, and Tunisia, Islam plays an important role in the legal system, especially in family codes: the Moroccan Family Code (2004), the Algerian Family Code (2016), and the Tunisian Personal Status Code (1957). These are the remaining citadels most implicated with references to Islamic law, the interpretation of which has placed women in an unequal position.


2021 ◽  
Vol 16 (2-3) ◽  
pp. 67-92
Author(s):  
Nazila Ghanea

Abstract Despite the normative integration between freedom of religion or belief (FORB) and women’s equality, these synergies are difficult to discern and there is a common misperception that women’s rights to equality and FORB are clashing rights. This is compounded by the extensive religiously phrased reservations by states upon ratification of international treaties that amplify this misperception that FORB serves to restrict women’s rights to equality. The advocacy groups supporting these rights, and also their normative sources in international human rights law instruments, are largely distinct. However, general non-discrimination provisions do address both, and General Comment no. 28 captures both rights holistically. The correctives to these misperceptions lie in reflecting upon the universality, indivisibility, interdependence, and interrelatedness of all human rights norms. They also lie in the realization that FORB is a right like any other. FORB is neither a right of “religion” as such nor an instrument for support of religiously phrased reservations and limitations on women’s rights to equality. This is particularly the case with harmful practices, as elaborated in the joint general recommendation/General Comment no. 31 of the Committee on the Elimination of All Forms of Discrimination against Women and no. 18 of the Committee on the Rights of the Child however, the core principles also extend to other infringements of women’s rights to equality. It is essential to (re)vitalize the synergies between FORB and women’s equality in order to advance each of these rights, to be able to address overlapping rights concerns, and to adequately acknowledge intersectional claims. Furthermore, the relevant advocacy groups and human rights mechanisms need to give further attention to this as a priority matter.


2021 ◽  
Vol 16 (2-3) ◽  
pp. 173-200
Author(s):  
Eva Brems

Abstract The paper offers an analysis of the case law of the European Court of Human Rights at the intersection of women’s rights and religious freedom. It maps different configurations of gender and religious interests across the corpus of case law, and analyses the Court’s intersectionality practice.


2021 ◽  
Vol 16 (2-3) ◽  
pp. 93-116
Author(s):  
Roja Fazaeli ◽  
Joel Hanisek

Abstract The article explores the tensions between FORB claims and the advancement of women’s rights in Muslim majority state contexts. Forms of Muslim majority state reservations to CEDAW are analysed in critical and comparative fashion. Iran’s historical engagement with CEDAW is studied for insight into how a purported theoretical conflict between CEDAW and FORB may be better understood in terms of the domestic and international politics of gender and power.


2021 ◽  
Vol 16 (1) ◽  
pp. 41-61
Author(s):  
Ilias Bantekas

Abstract This article seeks to examine homosexuality from the lens of two particular ancient Christian writers, namely Paul the Apostle and Maximus the Confessor. Both were fervent missionaries and did not perceive their writings as doctrinal or philosophical, but merely practical and a defence against other heretical teachings. Even so, contemporary scholars recognise a great profoundness and innovation in their theology. Paul’s references to homosexuality consist of only three or four sentences, whereas Maximus does not discuss the issue directly, given his preoccupation with matters pertaining to the nature of Christ, which at the time were fiercely contested among various Christian groups. The purpose of the article is to examine scriptural references to homosexuality from the perspective of the spiritual context in which they are made, rather than the canonical, ethical or social perspectives to which most scholars and civil society—whether in favour or against—refer to. Homosexuality in the sense of sexual orientation is unknown at the time and even so it is not specifically singled out. Paul seems to be specifically chastising exploitative sexual actions and relationships, whether homosexual or heterosexual.


2021 ◽  
Vol 16 (1) ◽  
pp. 1-40
Author(s):  
Renae Barker

Abstract The relationship between the state and religion in Australia exists in a state of tension. On the one hand the “non-establishment” clause in section 116 of the Australian Constitution points to the separation of religion and state. On the other hand there is a high level of cooperation between the state and religion in the public sphere, most visible in the funding of religious schools by the federal government. These two visions of the Australian state-religion relationship are in tension. One requiring the removal of religion from the public sphere while the other calls for a plurality of religions to be accommodated in public spaces. This article seeks to resolve this tension by proposing a new way to understand the Australian state-religion relationship as non-establishment pluralism. Non-establishment in the sense that the Australian Constitution prohibits the establishment of any religion—be that a single state church, multiple state religions, or religion generally. Pluralism in that the state via ordinary legislation, public policy, and government action cooperates with religion in numerous areas of state and religious interest in the public sphere.


2021 ◽  
Vol 15 (3) ◽  
pp. 207-240
Author(s):  
Ivan Ng Yan Chao

Abstract Insults to religion have the potential to stoke tensions and result in physical violence. To protect religious sensitivities, speech which insults religion may be criminalised, even in countries where freedom of speech is enshrined as a constitutional right. The purpose of this article is to look at the role played by the state in dealing with speech which insults religion, through an examination of three Southeast Asian case studies. This article attempts to provide a comparison of the constitutional provisions and specific legislation relating to the insulting of religion in the three countries, as well as consider how the laws have worked in practice. It finds that while the ‘law on the books’ across the three countries may have broad similarities in the way they are drafted, they differ vastly in the ways they are applied and enforced, due to differences in the state-religion relationship, religious demographics and the influence of religious nationalism. At the same time, despite the social, political and cultural heterogeneity of the three countries, the prioritisation of communitarian interests in the three countries over the freedom of speech suggests the continued salience of “Asian values” in Southeast Asia.


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