Religion Human Rights and International Law

Religion  Human Rights and International Law
Author: Javaid Rehman,Susan Carolyn Breau
Publsiher: Martinus Nijhoff Publishers
Total Pages: 569
Release: 2007
ISBN: 900415826X
Category: Religion
Language: EN, FR, DE, ES & NL

Religion Human Rights and International Law Book Excerpt:

Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

Freedom of Religion or Belief

Freedom of Religion or Belief
Author: Heiner Bielefeldt,Nazila Ghanea,Michael Wiener
Publsiher: Oxford University Press
Total Pages: 575
Release: 2016-01-21
ISBN: 0191009180
Category: Law
Language: EN, FR, DE, ES & NL

Freedom of Religion or Belief Book Excerpt:

Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of religion or belief is a key human right: the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodies (for example the Human Rights Committee, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. Freedom of Religion or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur's framework for communications, the commentary analyses, for example, the limitations on the wearing of religious symbols and vulnerable situations, including those of women, detainees, refugees, children, minorities and migrants, through a combination of scholarly expertise and practical experience.

Religion Human Rights and International Law

Religion  Human Rights and International Law
Author: Javaid Rehman,Susan Carolyn Breau
Publsiher: Studies in Religion, Secular B
Total Pages: 569
Release: 2007
ISBN: 1928374650XXX
Category: Law
Language: EN, FR, DE, ES & NL

Religion Human Rights and International Law Book Excerpt:

Pt. 1. Introduction -- Freedom of religion in international law -- Women's human rights and religion: how do they co-exist? pt. 2. Reflections on religion, human rights and international law -- The twain doth meet! A preliminary exploration of the theory and practice of as-Siyar and international law in the contemporary world -- Religion as a source of international law -- Human rights and cultural relativism: the false dichotomy -- Some arguments on the universality of human rights in Islam. pt. 3. Religions, values and constitutionalism within international human rights law -- Religion within the refugee context: squaring the circle? -- The advent of proportional human rights and the dignity inherent in individuals qua human beings -- The religiosity of jus cogens: a moral case for compliance? -- Why the Hindu caste system presents a new challenge for human rights. pt. 4. Islam, state practices and contemporary international law -- The role of Islam in human rights and development in Muslim states -- Human rights, natural justice and Pakistan's Shariat courts -- Women, Islamisation and human rights in Pakistan: developing strategies of resistance -- Nation-building in an Islamic state: minority rights and self-determination in the Islamic Republic of Pakistan. pt. 5. Islam, minorities rights and the implications of 9/11 -- Multiculturalism and extremism: international law perspectives -- Prayers, planners and pluralism: protecting the rights of minority religious groups -- 'Are you a Protestant or a Catholic Muslim?' The path of Muslim integration into Northern Ireland -- Religion, minority rights and Muslims of the United Kingdom.

Religion Secular Beliefs and Human Rights

Religion  Secular Beliefs and Human Rights
Author: Natan Lerner
Publsiher: BRILL
Total Pages: 238
Release: 2006-06-01
ISBN: 9047410017
Category: Law
Language: EN, FR, DE, ES & NL

Religion Secular Beliefs and Human Rights Book Excerpt:

This second edition of the book updates the information on relevant developments that took place in the time elapsed. and incorporates several new chapters on important issues related to religious freedoms. Such are the chapters on freedom from religion, religion and freedom of association, religion and freedom of expression (including the controversy with respect of defamation of religions), and group rights and legal pluralism. The order of the chapters has been rearranged.

Human Rights Religion and International Law

Human Rights  Religion and International Law
Author: Kerry O'Halloran
Publsiher: Routledge
Total Pages: 288
Release: 2018-11-13
ISBN: 135118833X
Category: Law
Language: EN, FR, DE, ES & NL

Human Rights Religion and International Law Book Excerpt:

In this book Kerry O’Halloran analyses a subject of international interest – religion – and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies – nationally and internationally – are contributing to religion’s currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally. Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes – such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion – and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising. This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.

Religious Legal Traditions International Human Rights Law and Muslim States

Religious Legal Traditions  International Human Rights Law and Muslim States
Author: Hashemi
Publsiher: BRILL
Total Pages: 304
Release: 2008-07-25
ISBN: 9047431537
Category: Political Science
Language: EN, FR, DE, ES & NL

Religious Legal Traditions International Human Rights Law and Muslim States Book Excerpt:

Considering the subject of Islam and Human Rights, the book tackles three areas that have been largely ignored in literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child.

The Changing Nature of Religious Rights under International Law

The Changing Nature of Religious Rights under International Law
Author: Malcolm Evans,Peter Petkoff,Julian Rivers
Publsiher: OUP Oxford
Total Pages: 340
Release: 2015-03-19
ISBN: 0191509426
Category: Political Science
Language: EN, FR, DE, ES & NL

The Changing Nature of Religious Rights under International Law Book Excerpt:

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

Religious Human Rights in Global Perspective

Religious Human Rights in Global Perspective
Author: John (jurista) Witte,Johan David Van der Vyver,Van der Vyver, J. D.
Publsiher: Martinus Nijhoff Publishers
Total Pages: 597
Release: 1996-02-09
ISBN: 9789041101761
Category: Political Science
Language: EN, FR, DE, ES & NL

Religious Human Rights in Global Perspective Book Excerpt:

In this 'Dickensian century' of human rights, the world has cultivated the best of religious rights protections, but witnessed the worst of religious rights abuses. In this volume, Jimmy Carter, John T. Noonan, Jr., and a score of leading jurists assess critically and comparatively the religious rights laws and practices of the international community and of selected states in the Atlantic continents. This volume and its companion Religious Human Rights in Global Perspective: Religious Perspectives are products of an ongoing project on religion, human rights and democracy undertaken by the Law and Religion Program at Emory University.

International Law and Religion

International Law and Religion
Author: Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa
Publsiher: Oxford University Press
Total Pages: 480
Release: 2017-08-15
ISBN: 0192528432
Category: Law
Language: EN, FR, DE, ES & NL

International Law and Religion Book Excerpt:

This books maps out the territory of international law and religion challenging received traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion.

International Law and Islamic Law

International Law and Islamic Law
Author: MashoodA. Baderin
Publsiher: Routledge
Total Pages: 706
Release: 2017-07-05
ISBN: 1351562339
Category: Law
Language: EN, FR, DE, ES & NL

International Law and Islamic Law Book Excerpt:

The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.

Human Rights and World Public Order

Human Rights and World Public Order
Author: Myres S. McDougal,Lung-Chu Chen
Publsiher: Oxford University Press, USA
Total Pages: 1112
Release: 2018-12-14
ISBN: 0190882638
Category: Law
Language: EN, FR, DE, ES & NL

Human Rights and World Public Order Book Excerpt:

In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.

Routledge Handbook of Law and Religion

Routledge Handbook of Law and Religion
Author: Silvio Ferrari
Publsiher: Routledge
Total Pages: 426
Release: 2015-03-05
ISBN: 1135045550
Category: Law
Language: EN, FR, DE, ES & NL

Routledge Handbook of Law and Religion Book Excerpt:

The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space. This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space. Key themes within the book include: Religions symbols in the public space; Religion and security; Freedom of religion and cultural rights; Defamation and hate speech; Gender, religion and law; This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.

Human Rights the UN and the Bah s in Iran

Human Rights  the UN and the Bah      s in Iran
Author: Nazila Ghanea-Hercock
Publsiher: Martinus Nijhoff Publishers
Total Pages: 628
Release: 2002
ISBN: 9789041119537
Category: Law
Language: EN, FR, DE, ES & NL

Human Rights the UN and the Bah s in Iran Book Excerpt:

This book provides the first comprehensive assessment of the contribution of the United Nations to the human rights situation of the Bahá ís in Iran. It does this by examining the theoretical, legal, institutional and political dimensions of this issue in detail. The situation of the Bahá í community in Iran between 1979 and 2002 provides a particularly good test case for the international community due to its clarity. By giving attention to a singular case within a discrete time frame, this book is able to effectively examine the impact of UN human rights protection. Attention is given in this study to the clash between religion and human rights, the protection of freedom of religion or belief in international law, the workings of UN human rights charter-based and treaty bodies and their various mechanisms, and recommendations for the resolution of the Bahá í human rights situation in Iran.

Islam and Warfare

Islam and Warfare
Author: Onder Bakircioglu
Publsiher: Routledge
Total Pages: 212
Release: 2014-10-30
ISBN: 113409163X
Category: Law
Language: EN, FR, DE, ES & NL

Islam and Warfare Book Excerpt:

The question of how Islamic law regulates the notions of just recourse to and just conduct in war has long been the topic of heated controversy, and is often subject to oversimplification in scholarship and journalism. This book traces the rationale for aggression within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad. The book reveals that there has never been a unified position on what Islamic warfare tangibly entails, due to the complexity of relevant sources and discordant historical dynamics that have shaped the contours of jihad. Onder Bakircioglu advocates a dynamic reading of Islamic law and military tradition; one which prioritises the demands of contemporary international relations and considers the meaning and application of jihad as contingent on the socio-political forces of each historical epoch. This book will be of great interest to scholars and students of international law, Islamic law, war and security studies, and the law of armed conflict.

What Is Right for Children

What Is Right for Children
Author: Ms Karen Worthington,Professor Martha Albertson Fineman
Publsiher: Ashgate Publishing, Ltd.
Total Pages: 462
Release: 2013-02-28
ISBN: 1409496724
Category: Law
Language: EN, FR, DE, ES & NL

What Is Right for Children Book Excerpt:

Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.

Islamic Law and International Human Rights Law

Islamic Law and International Human Rights Law
Author: Anver M. Emon,Mark Ellis,Benjamin Glahn
Publsiher: OUP Oxford
Total Pages: 416
Release: 2012-10-11
ISBN: 0191645699
Category: Law
Language: EN, FR, DE, ES & NL

Islamic Law and International Human Rights Law Book Excerpt:

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

Women the Koran and International Human Rights Law

Women  the Koran and International Human Rights Law
Author: Niaz A. Shah
Publsiher: Martinus Nijhoff Publishers
Total Pages: 262
Release: 2006
ISBN: 9004152377
Category: Law
Language: EN, FR, DE, ES & NL

Women the Koran and International Human Rights Law Book Excerpt:

Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through "Ijtihad": independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women's human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women's human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women's human rights into reality.

State Religion Relationships and Human Rights Law

State Religion Relationships and Human Rights Law
Author: Jeroen Temperman
Publsiher: BRILL
Total Pages: 382
Release: 2010
ISBN: 9004181482
Category: Law
Language: EN, FR, DE, ES & NL

State Religion Relationships and Human Rights Law Book Excerpt:

This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people s fundamental right to be governed, at all times, in a religiously neutral manner. As this book demonstrates through the various case studies there is increasing interest and concern at the manner in which questions concerning the enjoyment of the right to the freedom of religion or belief bear upon key questions concerning the governance of democratic society. Issues raised involve matters concerning employment, education, expression, association and, more generally, the interface between religion and political life. The existing literature often traces these concerns back to the need to consider the place of religion in contemporary society but leaves matters there. Another body of academic literature explores the theoretical dimensions of that relationship but fails to connect it to the practice of states in order to test out the propositions which are the product of these reflections. The great virtue of this work is that is seeks to unite these various enterprises and engages head on with the challenges which this produces The aim is to demonstrate and illustrate the key contention: that there is an emergent right to religiously neutral governance, and that this is incompatible with the continuation of systems which offer preference to particular forms of belief system religious or otherwise. A chief virtue of this book is that it works through the consequences of this claim in a fearless fashion, posing challenges for those states which continue to use their legal frameworks to offer support (directly or indirectly) for historical, dominant or favoured forms of religion or belief. It challenges received assumptions and, by driving the logic of contemporary human rights thinking to the foundations of state-religion relationships performs a valuable service for those engaging with this most difficult and timely of questions. Malcolm D. Evans, Professor of Public International Law, University of Bristol

Israel Yearbook on Human Rights Volume 26 1996

Israel Yearbook on Human Rights  Volume 26  1996
Author: Yoram Dinstein,Fania Domb
Publsiher: BRILL
Total Pages: 135
Release: 2020-10-26
ISBN: 9004423109
Category: Law
Language: EN, FR, DE, ES & NL

Israel Yearbook on Human Rights Volume 26 1996 Book Excerpt:

Human Rights Religion and International Law

Human Rights  Religion and International Law
Author: Kerry O'Halloran
Publsiher: Unknown
Total Pages: 288
Release: 2020-05
ISBN: 9780367519957
Category: Freedom of religion
Language: EN, FR, DE, ES & NL

Human Rights Religion and International Law Book Excerpt:

In this book Kerry O'Halloran analyses a subject of international interest - religion - and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies - nationally and internationally - are contributing to religion's currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally. Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes - such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion - and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising. This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.