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Author: Anat Scolnicov
Publisher: Routledge
ISBN: 113690705X
Category : Law
Languages : en
Pages : 280
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Book Description
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.
Author: Anat Scolnicov
Publisher: Routledge
ISBN: 113690705X
Category : Law
Languages : en
Pages : 280
Get Book
Book Description
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.
Author: Sylvie Langlaude
Publisher: Martinus Nijhoff Publishers
ISBN: 9004162666
Category : Law
Languages : en
Pages : 322
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Book Description
Religious children -- A model of the right of the child to religious freedom -- The ICCPR -- The UNCRC -- The special rapporteur -- The ECHR
Author: Heiner Bielefeldt
Publisher: Oxford University Press
ISBN: 0198703988
Category : Law
Languages : en
Pages : 701
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Book Description
"Freedom of Religious 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." -- Back cover.
Author: Fabienne Bretscher
Publisher: Routledge
ISBN: 0429559178
Category : Law
Languages : en
Pages : 273
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Book Description
This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.
Author: Mark W. Janis
Publisher: BRILL
ISBN: 9047413407
Category : Law
Languages : en
Pages : 533
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Book Description
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, now available in paperback, builds on the eleven essays edited 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.
Author: Heiner Bielefeldt
Publisher: Oxford University Press
ISBN: 0191009199
Category : Law
Languages : en
Pages : 575
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Book Description
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.
Author: Malcolm D. Evans
Publisher: Cambridge University Press
ISBN: 9780521047616
Category : Law
Languages : en
Pages : 432
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Book Description
Malcolm Evans's account of the protection of religious liberty under international law in Europe.
Author: Sylvie Langlaude
Publisher: BRILL
ISBN: 904742350X
Category : Political Science
Languages : en
Pages : 321
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Book Description
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.
Author: Malcolm David Evans
Publisher: Oxford University Press, USA
ISBN: 0199684227
Category : Law
Languages : en
Pages : 353
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Book Description
"The book explores, and challenges, the particular institutional perspectives which emerge in the context of differing approaches to the protection of religious rights. It identifies new directions for approaching religious rights through international law by examining existing legal tools, assessing their achievements and shortcomings. By studying religious organizations' support for international human rights protection, as well as religious critiques of international human rights, it offers complementary perspectives on the institutions and processes of religious rights protection. It identifies ways in which these rights are being eroded and suggests new forms of reinforcement and protection, not least by way of an alternative religious 'bill of rights'. So this collection of essays is offered as a record of a set of important debates. The texts expose not merely the evolving normative framework within which questions of religious rights are resolved in international law. The Editors have been as much interested in how activists in the human rights field perceive that framework, as well as the political contests which lie behind them. By interweaving practitioner perspectives with scholarly reflection, the volume provides an opportunity for the reader to come away with an understanding of how international law works in a context both fascinating and fluid"--Unedited summary from book jacket.
Author: H. Knox Thames
Publisher:
ISBN:
Category : Freedom of religion
Languages : en
Pages : 276
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Book Description
The first resource of its kind, International Religious Freedom Advocacy equips activists and policymakers with an intimate knowledge of the governmental institutions, NGOs, and laws that work to safeguard religious liberties across the world. Beginning with an overview of the international legal protections, these advocacy veterans explain the intricacies of and resources available within the United Nations, European Union, Council of Europe, Organization of American States, African Union, and more. They conclude with in-depth case studies of Turkmenistan and Vietnam and a host of additional helpful information.
