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.

In a remarkably short period of time, the realization of religious freedom has achieved broad consensus as an indispensable condition for peace. Faced with widespread reports of religious persecution, public and private actors around the world have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the cultural and epistemological assumptions underlying this response, and what forms of politics are enabled in the process? The fruits of the three-year Politics of Religious Freedom research project, the contributions to this volume unsettle the assumption—ubiquitous in policy circles—that religious freedom is a singular achievement, an easily understood state of affairs, and that the problem lies in its incomplete accomplishment. Taking a global perspective, the more than two dozen contributors delineate the different conceptions of religious freedom predominant in the world today, as well as their histories and social and political contexts. Together, the contributions make clear that the reasons for persecution are more varied and complex than is widely acknowledged, and that the indiscriminate promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities cited as falling short.

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.

This book considers the extent to which religious interests are protected at work, with particular reference to the protection against religious discrimination provided by the Equality Act 2010. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion and belief. The book locates the debates surrounding religion and belief equality within a philosophical and theoretical framework in which the importance of freedom of religion and its role within the workplace are fully debated. This second edition is fully revised and updated in the light of recent case law from the UK and the European Court of Human Rights, which deals with religious discrimination and freedom of religion.

This volume offers theoretical, historical, and legal perspectives on religious freedom, as an experience, value, and right. Drawing on examples from around the world, its essays show how the terrain of religious freedom has never been smooth and how in recent years the landscape of religious freedom has shifted.

The concept of religious freedom is the favoured modern human rights concept, with which the modern world hopes to tackle the phenomenon of religious pluralism, as our modern existence in an electronically shrinking globe comes to be increasingly characterised by this phenomenon. To begin with, the concept of religious freedom, as embodied in Article 18 of the Universal Declaration of Human Rights, seems self-evident in nature. It is the claim of this book, however, that although emblematic on the one hand, the concept is also problematic on the other, and the implications of the concept of religious freedom are far from self-evident, despite the ready acceptance the term receives as embodying a worthwhile goal. This book therefore problematizes the concept along legal, constitutional, ethical and theological lines, and especially from the perspective of religious studies, so that religious freedom in the world could be enlarged in a way which promotes human flourishing.

Debate on freedom of religion as a human right takes place not only in the Western world but also in Muslim communities throughout the world. For Muslims concerned for this freedom, one of the major difficulties is the 'punishment for apostasy' - death for those who desert Islam. This book argues that the law of apostasy and its punishment by death in Islamic law is untenable in the modern period. Apostasy conflicts with a variety of foundation texts of Islam and with the current ethos of human rights, in particular the freedom to choose one's religion. Demonstrating the early development of the law of apostasy as largely a religio-political tool, the authors show the diversity of opinion among early Muslims on the punishment, highlighting the substantial ambiguities about what constitutes apostasy, the problematic nature of some of the key textual evidence on which the punishment of apostasy is based, and the neglect of a vast amount of clear Qur'anic texts in favour of freedom of religion in the construction of the law of apostasy. Examining the significant challenges the punishment of apostasy faces in the modern period inside and outside Muslim communities - exploring in particular how apostasy and its punishment is dealt with in a multi-religious Muslim majority country, Malaysia, and the challenges and difficulties it faces there - the authors discuss arguments by prominent Muslims today for an absolute freedom of religion and for discarding the punishment of apostasy.