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"In this volume, an Israeli jurist provides an authoritative distillation and analysis of modern international norms on religious rights and liberties - with particular attention to modern controversies over religious and racial discrimination, genocide and group libel, proselytism and conversion, and religious group rights and their limits."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Intended for law schools, human rights scholars and activists, and international organizations, this book discusses the legal meaning of religion and belief, the UN work in this respect, religious minorities, the issues of proselytism, religion and terrorism, the use of religious symbols, international criminal law, and other relevant issues.
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.
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.
Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.
Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.
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.
Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. Addressing the issues surrounding the freedom of religion or belief, the book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.
1 First Report (1987).