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The European Court Of Human Rights And Minority Religions
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Book Synopsis The European Court of Human Rights and Minority Religions by : Effie Fokas
Download or read book The European Court of Human Rights and Minority Religions written by Effie Fokas and published by Routledge. This book was released on 2020-04-28 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court’s case law dealing with religious minority claims (exploring their clarity and consistency – or lack thereof – and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage ‘nationally’ and ‘culturally’ sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court’s religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level. The chapters in this book were originally published in Religion, State & Society, the Journal of Muslim Minority Affairs and Democratization.
Book Synopsis European Court of Human Rights by : Dia Anagnostou
Download or read book European Court of Human Rights written by Dia Anagnostou and published by Edinburgh University Press. This book was released on 2013-04-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Book Synopsis Minority Rights Jurisprudence Digest by : Alcidia Moucheboeuf
Download or read book Minority Rights Jurisprudence Digest written by Alcidia Moucheboeuf and published by Council of Europe. This book was released on 2006-01-01 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains information on the statements and judgements made in minority rights court cases by the following international bodies: the European Court of Human Rights (Council of Europe); the African Commission on Human and People's Rights; the European Court of Justice (European Union); the Inter-American Court of Human Rights, the International Court of Justice; the Permanent Court of International Justice and the United Nations Human Rights Committee. The information is organised under the following subject headings: assembly; association; discrimination; due process; education; effective participation; existence; expression; family life; group identity; international aspects; limitations, derogations and restrictions; linguistic rights; minority issues; religion; and socio-economic rights. A list of case summaries and the text of selected major international conventions in this field are included as annexes.
Book Synopsis The European Court of Human Rights and the Freedom of Religion or Belief by : Jeroen Temperman
Download or read book The European Court of Human Rights and the Freedom of Religion or Belief written by Jeroen Temperman and published by BRILL. This book was released on 2019-01-04 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.
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.
Book Synopsis Legal Code of Religious Minority Rights by : Daniele Ferrari
Download or read book Legal Code of Religious Minority Rights written by Daniele Ferrari and published by Routledge. This book was released on 2021-08-12 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities’ rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.
Book Synopsis Diversity and European Human Rights by : Eva Brems
Download or read book Diversity and European Human Rights written by Eva Brems and published by Cambridge University Press. This book was released on 2013 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.
Book Synopsis The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context by : Dia Anagnostou
Download or read book The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context written by Dia Anagnostou and published by BRILL. This book was released on 2009-11-02 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the effects of Strasbourg Court jurisprudence for protecting the rights of marginalised individuals and minorities. It argues that its consequences vary depending upon the diverse social, legal and institutional context that shapes litigation and judicial approaches in each country.
Author :United States. Congress. Commission on Security and Cooperation in Europe Publisher : ISBN 13 : Total Pages :76 pages Book Rating :4.F/5 ( download)
Book Synopsis Religious Freedom in Western Europe by : United States. Congress. Commission on Security and Cooperation in Europe
Download or read book Religious Freedom in Western Europe written by United States. Congress. Commission on Security and Cooperation in Europe and published by . This book was released on 2000 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on International Relations Publisher : ISBN 13 : Total Pages :168 pages Book Rating :4.F/5 ( download)
Book Synopsis The Treatment of Religious Minorities in Western Europe by : United States. Congress. House. Committee on International Relations
Download or read book The Treatment of Religious Minorities in Western Europe written by United States. Congress. House. Committee on International Relations and published by . This book was released on 2001 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Religion, Rights and Secular Society by : Peter Cumper
Download or read book Religion, Rights and Secular Society written by Peter Cumper and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔReligion, Rights and Secular Society by Peter Cumper and Tom Lewis is a both timely and important publication. In a series of highly interesting and well-written essays Ð some of which are case studies covering many different European nations whereas others are more theoretical Ð the book looks at a key paradox in contemporary Europe: the relatively high levels of secularity in most European countries on the one hand, and the marked resurgence of religion in public debates on the other. While never pretending that there are ready answers to the problems of reconciling secular and religious values in Europe, the contributors make it quite clear that Europeans need to return to questions about religion that they had previously regarded as being settled. This is food for thought at a very high level!Õ Ð Helle Porsdam, University of Copenhagen, Denmark This topical collection of chapters examines secular society and the legal protection of religion and belief across Europe, both in general and more nation-specific terms. The expectations of many that religion in modern Europe would be swept away by the powerful current of secularization have not been realised, and today few topics generate more controversy than the complex relationship between religious and secular values. The Ôreligious/secularÕ relationship is examined in this book, which brings together scholars from different parts of Europe and beyond to provide insights into the methods by which religion and equivalent beliefs have been, and continue to be, protected in the legal systems and constitutions of European nations. The contributorsÕ chapters reveal that the oft-tumultuous legacy of EuropeÕs relationship with religion still resonates across a continent where legal, political and social contours have been powerfully shaped by faith and religious difference. Covering recent controversies such as the Islamic headscarf, and the presence of the crucifix in school class-rooms, this book will appeal to academics and students in law, human rights and the social sciences, as well as law and policy makers and NGOs in the field of human rights.
Book Synopsis Reactions to the Law by Minority Religions by : Eileen Barker
Download or read book Reactions to the Law by Minority Religions written by Eileen Barker and published by Routledge. This book was released on 2020-12-30 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of religion and the law, new religious movements, minority religions and the sociology of religion.
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 575 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.
Book Synopsis Blasphemy and Freedom of Expression by : Jeroen Temperman
Download or read book Blasphemy and Freedom of Expression written by Jeroen Temperman and published by Cambridge University Press. This book was released on 2017-11-16 with total page 771 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
Book Synopsis Protecting the Human Rights of Religious Minorities in Eastern Europe by : Peter G. Danchin
Download or read book Protecting the Human Rights of Religious Minorities in Eastern Europe written by Peter G. Danchin and published by McGill-Queen's Press - MQUP. This book was released on 2002 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: The demise of former communist regimes has not guaranteed protection of human rights. As official atheism is replaced by varying church-state arrangements, how much will the rule of law prevail against resurgent nationalism and intolerance toward minorities? These essays consider this crucial question.
Book Synopsis The Ambiguous Relationship Between Religious Minorities and Fundamental (minority) Rights by : Kristin Henrard
Download or read book The Ambiguous Relationship Between Religious Minorities and Fundamental (minority) Rights written by Kristin Henrard and published by Eleven International Pub. This book was released on 2011 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: On October 29, 2010, Kristin Henrard accepted the position of extraordinary professor on minority protection at the Erasmus School of Law, a chair which is funded by the Trustfonds of Erasmus University Rotterdam. This book contains Henrard's inaugural speech. Henrard first revisits the relationship between and temporal evolution of general human rights and special minority-specific rights, by showing how fundamental rights were originally conceived for and tailored towards the needs of religious minorities. In the second part, Henrard exposes the ambiguous relationship between religious minorities and fundamental rights. Indeed, while religious minorities, and the protection they were considered to need, may have triggered the emergence of both general human rights and special minority rights, subsequently their special needs - in terms of human dignity, identity, and substantive equality - were neglected. Henrard consequently calls for a redress of the current imbalance - more particularly by a refinement of the existing norms.
Book Synopsis Religion and Human Rights by : John Witte
Download or read book Religion and Human Rights written by John Witte and published by OUP USA. This book was released on 2012 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the relationship between religion and human rights in seven major religious traditions, as well as key legal concepts, contemporary issues, and relationships among religion, state, and society in the areas of human rights and religious freedom.
