The European Court Of Human Rights And The Freedom Of Religion Or Belief

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As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.

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Genre : Law
Author : Jeroen Temperman
Publisher : BRILL
Release : 2019-01-04
File : 630 Pages
ISBN-13 : 9789004346901


Freedom Of Religion Or Belief In The European Convention On Human Rights

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It challenges the classic scholarly approach to ECHR Article 9 and related ECtHR jurisprudence, and offers an alternative interpretation.

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Genre : Political Science
Author : Caroline K. Roberts
Publisher : Cambridge University Press
Release : 2023-06-30
File : 275 Pages
ISBN-13 : 9781009233644


The European Court Of Human Rights And Minority Religions

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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.

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Genre : Social Science
Author : Effie Fokas
Publisher : Routledge
Release : 2020-04-28
File : 229 Pages
ISBN-13 : 9780429954405


Religions Beliefs And Education In The European Court Of Human Rights

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The Routledge Research in Religion and Education series aims at advancing public understanding and dialogue on issues at the intersections of religion and education. These issues emerge in various venues and proposals are invited from work in any such arena: public or private education at elementary, secondary, or higher education institutions; non-school or community organizations and settings; and formal or informal organizations or groups with religion or spirituality as an integral part of their work. Book proposals are invited from diverse methodological approaches and theoretical and ideological perspectives. This series does not address the work of formal religious institutions including churches, synagogues, mosques, and temples. Rather, it focuses on the beliefs and values arising from all traditions as they come into contact with educational work in the public square. Please send proposals to Mike Waggoner (mike.waggoner@uni.edu) and Alice Salt (alice.salt@tandf.co.uk).

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Genre : Education
Author : Nigel Fancourt
Publisher : Taylor & Francis
Release : 2024-02-20
File : 220 Pages
ISBN-13 : 9781003851745


Freedom Of Religion And Belief

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The essays and articles selected for this volume analyze what is generally understood by freedom of religion and belief in today’s world. The different aspects of this fundamental right are considered from the contents of freedom of religion, to the possible limitations of this freedom; and from the freedom of, or freedom from, conundrum to the question of the collective or individual right. This volume reflects legal, philosophical and international perspectives, addresses numerous unanswered questions and offers an effective overview of the current literature and debate in this aspect of the discipline of law and religion.

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Genre : Political Science
Author : Rinaldo Cristofori
Publisher : Routledge
Release : 2016-12-05
File : 531 Pages
ISBN-13 : 9781351935777


The European Convention On Human Rights

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The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

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Genre : Law
Author : William A. Schabas
Publisher : Oxford University Press
Release : 2015-09-24
File : 1433 Pages
ISBN-13 : 9780191066764


Freedom Of Religion And Religious Diversity

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Today, pluralism is increasingly the norm and can be seen as a permanent characteristic of modernity. As seen in world events, religion has not become irrelevant but more diverse, giving rise to a complex web of religion and belief minorities, together with intra-plural majorities. Nations seek ways to implement the ideal of freedom of religion, but as this book shows, whether East or West, in the global North or the South, there is no simple formalism for accommodating religious diversity. Different faith communities have competing needs and demands for the same social space, with tensions inevitably arising. This book highlights responses from liberal democracies which enshrine secularism into their constitutions to other constitutions where religion and ethnic identity are enshrined to prioritise their ethno-religious majority. Western and Asian countries encounter different obstacles and challenges. With analysis from 19 international scholars, the book explores different obstacles and responses to accommodation of religious minorities in a range of jurisdictions. In a globalised world, it will be invaluable for comparative legal scholars, for law and religion scholars, researchers and students, and decision-makers, e.g., governments, non-governmental organisations, and for those who seek to better understand the challenges of our time.

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Genre : Law
Author : Md Jahid Hossain Bhuiyan
Publisher : Taylor & Francis
Release : 2024-08-23
File : 307 Pages
ISBN-13 : 9781040131152


International Human Rights Law

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International Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics.

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Genre : Law
Author : David S. Weissbrodt
Publisher : University of Pennsylvania Press
Release : 2007
File : 452 Pages
ISBN-13 : 0812240324


European Convention On Human Rights

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The European Convention on Human Rights (ECHR) entered into force on 3 September 1953 with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination) plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)). Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. The States are bound by the Court's decisions. The Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. Professor Grabenwarter's Commentary deals with the Convention systematically, article-by-article, considering the development and scope of each article, together with the relevant case-law and literature.

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Genre : Law
Author : Christoph Grabenwarter
Publisher : Bloomsbury Publishing
Release : 2014-02-12
File : 600 Pages
ISBN-13 : 9781509927470


State Without Religion

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In recent decades, the Netherlands and Flanders have faced challenges in how to deal with a multicultural society. As far as worldviews are concerned, the question arises whether the state should guarantee a maximum level of choice concerning religion and humanism to individuals or leave a free space to the religious and humanist communities. This study explores in how far committed Catholic, Protestant, Muslim and humanist youth agree with different models of the relationship between worldviews and the state against the backdrop of their religious and humanist beliefs, as well as social determinants. It does so by drawing on quantitative and qualitative empirical research. The analyses show that, overall, most religious and humanist youth prefer the state to guarantee a maximum level of choice to individuals, but also want the state to respect a substantial free space for communities. Above all, they want the state to treat worldviews equally before the law. Their religious and humanist beliefs are the most significant determinants.

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Author : Jeroen Jans
Publisher : LIT Verlag Münster
Release :
File : 256 Pages
ISBN-13 : 9783643914996