Religious Human Rights in Global Perspective Legal Perspectives

Religious Human Rights in Global Perspective   Legal Perspectives
Author: Johan David Van der Vyver,John F. Witte
Publsiher: John Wiley & Sons
Total Pages: 670
Release: 1996-02-09
ISBN: 9789041101808
Category: History
Language: EN, FR, DE, ES & NL

Religious Human Rights in Global Perspective Legal Perspectives 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.

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.

Religion and Human Rights

Religion and Human Rights
Author: John Witte,M. Christian Green
Publsiher: OUP USA
Total Pages: 392
Release: 2011-11-25
ISBN: 0199733449
Category: Political Science
Language: EN, FR, DE, ES & NL

Religion and Human Rights Book Excerpt:

The relationship between religion and human rights is both complex and inextricable. While most of the world's religions have supported violence, repression, and prejudice, each has also played a crucial role in the modern struggle for universal human rights. Most importantly, religions provide the essential sources and scales of dignity and responsibility, shame and respect, restraint and regret, restitution and reconciliation that a human rights regime needs to survive and flourish in any culture. This volume provides authoritative examinations of the contributions to human rights of Judaism, Christianity, Islam, Hinduism, Confucianism, Buddhism, and indigenous religions. Each chapter grapples with the concept and origins of "human rights," and offers insight into the major human rights issues that confront religious individuals and communities. These include core issues of freedom of religious conscience, choice, exercise, expression, association, morality, and self-determination. They also include analysis of the roles of religious ideas and institutions in the cultivation and abridgement of rights of women, children, and minorities, and rights to peace, orderly development, and protection of nature and the environment. With contributions by a score of leading experts, Religion and Human Rights provides authoritative and accessible assessments of the contributions of Judaism, Christianity, Islam, Hinduism, Confucianism, Buddhism, and Indigenous religionsto the development of the ideas and institutions of human rights. It also probes the major human rights issues that confront religious individuals and communities around the world today, and the main challenges that the world's religions will pose to the human rights regime in the future.

The Right to Religious Freedom in International Law

The Right to Religious Freedom in International Law
Author: Anat Scolnicov
Publsiher: Routledge
Total Pages: 280
Release: 2010-10-18
ISBN: 1136907068
Category: Law
Language: EN, FR, DE, ES & NL

The Right to Religious Freedom in International Law Book Excerpt:

This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.

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

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.

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: Oxford University Press, USA
Total Pages: 327
Release: 2015
ISBN: 0199684227
Category: Law
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.

Christianity and International Law

Christianity and International Law
Author: Pamela Slotte,John D. Haskell
Publsiher: Cambridge University Press
Total Pages: 135
Release: 2021-05-20
ISBN: 1108642950
Category: Law
Language: EN, FR, DE, ES & NL

Christianity and International Law Book Excerpt:

This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to understand and move past arguments, narratives and tropes that commonly frame law-religion studies in global governance. Readers are introduced to a range of confessional and critical perspectives explicitly engaging a diverse range of methodological and theoretical orientations to rethink how we experience and find ourselves caught within the phenomena of Christianity and international law.

The Right of the Child to Religious Freedom in International Law

The Right of the Child to Religious Freedom in International Law
Author: Sylvie Langlaude
Publsiher: BRILL
Total Pages: 320
Release: 2007-12-12
ISBN: 904742350X
Category: Political Science
Language: EN, FR, DE, ES & NL

The Right of the Child to Religious Freedom in International Law Book Excerpt:

The child’s right to religious freedom in international law has never been considered in a comprehensive fashion, yet key issues include the prevention of indoctrination, religious clothing, the relationship of the child with parents and religious communities, and the duties of the state to the child. Building on a sociological analysis of religious children, a body of international legal materials is analysed against a theoretical model of what the child’s right ought to be. This book is the first attempt at analysing what international law says on the question, the result is a compelling analysis of the definitive position of international law on the child’s right to religious freedom.

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.

Religion Secular Beliefs and Human Rights

Religion  Secular Beliefs and Human Rights
Author: Natan Lerner
Publsiher: Martinus Nijhoff Publishers
Total Pages: 308
Release: 2012-08-01
ISBN: 9004232168
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 and Islam

Human Rights and Islam
Author: Abdullah Saeed
Publsiher: Edward Elgar Publishing
Total Pages: 288
Release: 2018-04-27
ISBN: 1784716588
Category: Law
Language: EN, FR, DE, ES & NL

Human Rights and Islam Book Excerpt:

Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.

Human Rights and Responsibilities in the World Religions

Human Rights and Responsibilities in the World Religions
Author: Joseph Runzo,Arvind Sharma,Nancy M. Martin
Publsiher: Simon and Schuster
Total Pages: 400
Release: 2014-10-01
ISBN: 1780746814
Category: Religion
Language: EN, FR, DE, ES & NL

Human Rights and Responsibilities in the World Religions Book Excerpt:

This volume outlines the approaches to human rights and responsibilities within the different world religions. Featuring contributions from over 15 scholars, the book covers such key issues as women's rights, the role of international law, and responsibility for the environment. It also includes a "Universal Declaration of Human Rights by the World's Religions", presented at the third Parliament of the World Religions.

Freedom from Religion and Human Rights Law

Freedom from Religion and Human Rights Law
Author: Marika McAdam
Publsiher: Routledge
Total Pages: 184
Release: 2019-12-12
ISBN: 9780367886677
Category: Electronic Book
Language: EN, FR, DE, ES & NL

Freedom from Religion and Human Rights Law Book Excerpt:

Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.

Freedom of Religion or Belief

Freedom of Religion or Belief
Author: Bahiyyih G. Tahzib
Publsiher: BRILL
Total Pages: 135
Release: 2021-09-27
ISBN: 9004481656
Category: Law
Language: EN, FR, DE, ES & NL

Freedom of Religion or Belief Book Excerpt:

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: 0191645702
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.

Religious Hatred and International Law

Religious Hatred and International Law
Author: Anonim
Publsiher: Unknown
Total Pages: 135
Release: 2022
ISBN: 1107124174
Category: Electronic Book
Language: EN, FR, DE, ES & NL

Religious Hatred and International Law Book Excerpt:

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.

Facilitating Freedom of Religion or Belief A Deskbook

Facilitating Freedom of Religion or Belief  A Deskbook
Author: W. Cole Durham,Tore Sam Lindholm,Bahia Tahzib-Lie,NA Oslo Coalition on Freedom of Religion or Belief,NA Norway,NA Norsk senter for menneskerettigheter,NA Brigham Young University
Publsiher: Springer
Total Pages: 1017
Release: 2013-12-11
ISBN: 9401756163
Category: Law
Language: EN, FR, DE, ES & NL

Facilitating Freedom of Religion or Belief A Deskbook Book Excerpt:

Religion and International Law

Religion and International Law
Author: Mark W. Janis,Carolyn Maree Evans
Publsiher: Martinus Nijhoff Publishers
Total Pages: 513
Release: 1999-07-13
ISBN: 9789041111746
Category: Political Science
Language: EN, FR, DE, ES & NL

Religion and International Law Book Excerpt:

One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.