Protecting the Religious Freedom of New Minorities in International Law

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Publisher : Routledge
ISBN 13 : 0429559178
Total Pages : 273 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Protecting the Religious Freedom of New Minorities in International Law by : Fabienne Bretscher

Download or read book Protecting the Religious Freedom of New Minorities in International Law written by Fabienne Bretscher and published by Routledge. This book was released on 2019-09-19 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Religious Freedom Advocacy

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Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Religious Freedom Advocacy by : H. Knox Thames

Download or read book International Religious Freedom Advocacy written by H. Knox Thames and published by . This book was released on 2009 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Freedom of Religion Or Belief

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Publisher : Oxford University Press
ISBN 13 : 0198703988
Total Pages : 701 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Freedom of Religion Or Belief by : Heiner Bielefeldt

Download or read book Freedom of Religion Or Belief written by Heiner Bielefeldt and published by Oxford University Press. This book was released on 2016 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.

Law and International Religious Freedom

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Publisher : ICLARS Series on Law and Religion
ISBN 13 : 9780367886097
Total Pages : 116 pages
Book Rating : 4.8/5 (86 download)

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Book Synopsis Law and International Religious Freedom by : Pasquale Annicchino

Download or read book Law and International Religious Freedom written by Pasquale Annicchino and published by ICLARS Series on Law and Religion. This book was released on 2019-12-12 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.

The Right to Religious Freedom in International Law

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Publisher : Routledge
ISBN 13 : 113690705X
Total Pages : 383 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis The Right to Religious Freedom in International Law by : Anat Scolnicov

Download or read book The Right to Religious Freedom in International Law written by Anat Scolnicov and published by Routledge. This book was released on 2010-10-18 with total page 383 pages. Available in PDF, EPUB and Kindle. 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.

Annual Report on International Religious Freedom 2007, February 2008, 110-2 Report, *

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Author :
Publisher :
ISBN 13 :
Total Pages : 848 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Annual Report on International Religious Freedom 2007, February 2008, 110-2 Report, * by :

Download or read book Annual Report on International Religious Freedom 2007, February 2008, 110-2 Report, * written by and published by . This book was released on 2008 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International protection of religious freedom

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Publisher : Emile Bruylant
ISBN 13 : 9782802716242
Total Pages : 333 pages
Book Rating : 4.7/5 (162 download)

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Book Synopsis International protection of religious freedom by : Jean-François Flauss

Download or read book International protection of religious freedom written by Jean-François Flauss and published by Emile Bruylant. This book was released on 2002 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'attention croissante portée dans les instruments et fora internationaux à la protection de la liberté religieuse n'est pas sans évoquer l'image, à vrai dire le spectre, de Docteur Jekyll et de Mister Hyde. Si la valorisation de la garantie de la liberté religieuse rassure en effet tous ceux qui, à juste titre, l'assimilent à l'une des assises essentielles de toute société démocratique, elle inquiète corrélativement tous ceux qui, non moins légitimement, redoutent une croisade du " religieusement correct " menée au nom du droit international des droits de l'homme. Plus que l'exercice de toute autre liberté, celui de la liberté religieuse est en proie, au plan international, à des turbulences nées de l'action conjuguée des fanatismes de tous bords, des préjugés culturels et des divisions idéologiques. C'est dire combien une bonne gouvernance de la protection de la liberté religieuse confine au numéro d'équilibrisme. Les auditeurs de la 32e session d'enseignement de l'Institut international des droits de l'homme ont pu bénéficier d'une présentation, actualisée et critique, des thèmes structurants de la protection internationale de la liberté religieuse. Réunies dans le présent volume, les versions écrites des conférences présentées en juillet 2001 à Strasbourg sacrifient, tant individuellement que collectivement, au pluralisme académique si cher à René CASSIN.

Freedom of Religion or Belief

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191009199
Total Pages : 869 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Freedom of Religion or Belief by : Heiner Bielefeldt

Download or read book Freedom of Religion or Belief written by Heiner Bielefeldt and published by Oxford University Press. This book was released on 2016-01-21 with total page 869 pages. Available in PDF, EPUB and Kindle. 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.

Protecting Religious Freedom

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Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Protecting Religious Freedom by : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations

Download or read book Protecting Religious Freedom written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations and published by . This book was released on 2014 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Religious Liberty and International Law in Europe

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Publisher : Cambridge University Press
ISBN 13 : 9780521047616
Total Pages : 432 pages
Book Rating : 4.0/5 (476 download)

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Book Synopsis Religious Liberty and International Law in Europe by : Malcolm D. Evans

Download or read book Religious Liberty and International Law in Europe written by Malcolm D. Evans and published by Cambridge University Press. This book was released on 1997 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Evans's account of the protection of religious liberty under international law in Europe.

Beyond Religious Freedom

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Publisher : Princeton University Press
ISBN 13 : 0691176221
Total Pages : 216 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Beyond Religious Freedom by : Elizabeth Shakman Hurd

Download or read book Beyond Religious Freedom written by Elizabeth Shakman Hurd and published by Princeton University Press. This book was released on 2017-02-14 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome. Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between "expert religion," "governed religion," and "lived religion," Hurd charts new territory in the study of religion in global politics. A forceful and timely critique of the politics of promoting religious freedom, Beyond Religious Freedom provides new insights into today's most pressing dilemmas of power, difference, and governance.

Religion and International Law

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Publisher : BRILL
ISBN 13 : 9004349154
Total Pages : 397 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Religion and International Law by : Robert Uerpmann-Wittzack

Download or read book Religion and International Law written by Robert Uerpmann-Wittzack and published by BRILL. This book was released on 2018-08-13 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing religious antagonisms are challenging the ultimate goal of ‘living together’ in peaceful societies. Living together explores international law responses, beginning with their historic roots, before the perspective shifts to the role of religious institutions and religious law. Contributions of different human rights bodies are analyzed, before further sections deal with the international protection of religion, the relationship between religious beliefs and freedom of expression, and the roles of other individual rights. Religion and International Law originates from the long-standing cooperation between the German and the French Societies of International Law, thus bringing together the traditions of French laicism and a cooperative German approach. Experts from Austria, Italy, Poland, Portugal and the UK complement the pan-European perspective.

Defend the Sacred

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Publisher : Princeton University Press
ISBN 13 : 0691190909
Total Pages : 400 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Defend the Sacred by : Michael D. McNally

Download or read book Defend the Sacred written by Michael D. McNally and published by Princeton University Press. This book was released on 2020-04-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--

Annual Report of the United States Commission on International Religious Freedom

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Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Annual Report of the United States Commission on International Religious Freedom by : United States Commission on International Religious Freedom

Download or read book Annual Report of the United States Commission on International Religious Freedom written by United States Commission on International Religious Freedom and published by . This book was released on 2004 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Religious Freedom in Islam

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Publisher : Oxford University Press
ISBN 13 : 0190908203
Total Pages : 273 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Religious Freedom in Islam by : Daniel Philpott

Download or read book Religious Freedom in Islam written by Daniel Philpott and published by Oxford University Press. This book was released on 2019-02-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question. It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist. The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it "seeds of freedom," and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large. It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice--not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world. In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.

Routledge Handbook of Freedom of Religion or Belief

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Publisher : Routledge
ISBN 13 : 1351401955
Total Pages : 467 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis Routledge Handbook of Freedom of Religion or Belief by : Silvio Ferrari

Download or read book Routledge Handbook of Freedom of Religion or Belief written by Silvio Ferrari and published by Routledge. This book was released on 2020-11-29 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right’s roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.

Religion and International Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111746
Total Pages : 544 pages
Book Rating : 4.1/5 (117 download)

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Book Synopsis Religion and International Law by : Mark W. Janis

Download or read book Religion and International Law written by Mark W. Janis and published by Martinus Nijhoff Publishers. This book was released on 1999-07-13 with total page 544 pages. Available in PDF, EPUB and Kindle. 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.