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Focussing on the contemporary struggle to achieve a triangulated alignment between religious beliefs, human rights and charity law, this comparative analysis of law and practice in six common law nations identifies and assesses the issues currently challenging judiciary, regulators and religious charities.
Winner of the 2016 Grawemeyer Award in Religion Global health efforts today are usually shaped by two very different ideological approaches: a human rights-based approach to health and equity-often associated with public health, medicine, or economic development activities; or a religious or humanitarian "aid" approach motivated by personal beliefs about charity, philanthropy, missional dynamics, and humanitarian "mercy." The underlying differences between these two approaches can create tensions and even outright hostility that undermines the best intentions of those involved. In Beholden: Religion, Global Health, and Human Rights, Susan R. Holman--a scholar in both religion and the history of medicine--challenges this traditional polarization by telling stories designed to help shape a new perspective on global health, one that involves a multidisciplinary integration of religion and culture with human rights and social justice. The book's six chapters range broadly, describing pilgrimage texts in the Christian, Hindu, Buddhist, and Islamic traditions; the effect of ministry and public policy on nineteenth-century health care for the poor; the story of the Universal Declaration of Human Rights as it shaped economic, social, and cultural rights; a "religious health assets" approach based in Southern Africa; and the complex dynamics of gift exchange in the modern faith-based focus on charity, community, and the common good. Holman's study serves as an insightful guide for students and practitioners interested in improving and broadening the scope of global health initiatives, with an eye towards having the greatest impact possible.
In Christian Human Rights, Samuel Moyn asserts that the rise of human rights after World War II was prefigured and inspired by a defense of the dignity of the human person that first arose in Christian churches and religious thought in the years just prior to the outbreak of the war. The Roman Catholic Church and transatlantic Protestant circles dominated the public discussion of the new principles in what became the last European golden age for the Christian faith. At the same time, West European governments after World War II, particularly in the ascendant Christian Democratic parties, became more tolerant of public expressions of religious piety. Human rights rose to public prominence in the space opened up by these dual developments of the early Cold War. Moyn argues that human dignity became central to Christian political discourse as early as 1937. Pius XII's wartime Christmas addresses announced the basic idea of universal human rights as a principle of world, and not merely state, order. By focusing on the 1930s and 1940s, Moyn demonstrates how the language of human rights was separated from the secular heritage of the French Revolution and put to use by postwar democracies governed by Christian parties, which reinvented them to impose moral constraints on individuals, support conservative family structures, and preserve existing social hierarchies. The book ends with a provocative chapter that traces contemporary European struggles to assimilate Muslim immigrants to the continent's legacy of Christian human rights.
The 60 or so nations that subscribe to the common law tradition had for centuries broadly accepted the same legal definitions of what constitutes a charity. In recent years, however, a number of countries have embarked on charity law reform processes, designed to strengthen the regulatory framework and to review and encode common law concepts. A primary driver of reform was the need to modernise national charity law and ensure human rights compatibility. In light of these reforms, this book takes stock of how charity law is adapting to face the challenges presented by human rights. The book identifies the key areas where human rights and charity law intersect and examines the importance of those areas, the principles involved and their political significance. It offers a comparative analysis of selected common law countries including England, Wales, Ireland, US, Canada, Australia and New Zealand, assessing the extent of national human rights and charity compatibility. Kerry O’Halloran also goes on to consider tensions arising from the intersection of human rights and charity law, including the significance of cultural values and heritage, the importance of proportionality and striking a balance between public and private interests in current society.
This book examines the role of faith-based organizations in managing international aid, providing services, defending human rights and protecting democracy. It argues that greater engagement with faith communities and organizations is needed, and questions traditional secularism that has underpinned development policy and practice in the North.
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.
For the first time in 400 years a number of leading common law nations have, fairly simultaneously, embarked on charity law reform leading to an encoding of key definitional matters in charity legislation. This book provides an analysis of international case law developments on the ever growing range of issues now being generated by clashes between human rights, religion and charity law. Kerry O'Halloran identifies and assesses the agenda of 'moral imperatives', such as abortion and gay marriage that delineate the legal interface and considers their significance for those with and those without religious belief. By assessing jurisdictional differences in the law relating to religion/human rights/charity the author provides a picture of the evolving 'culture wars' that now typify and differentiates societies in western nations including the USA, England and Wales, Ireland, Australia, Canada and New Zealand.
Recently the topic of civil society has generated a wave of interest, and a wealth of new information. Until now no publication has attempted to organize and consolidate this knowledge. The International Encyclopedia of Civil Society fills this gap, establishing a common set of understandings and terminology, and an analytical starting point for future research. Global in scope and authoritative in content, the Encyclopedia offers succinct summaries of core concepts and theories; definitions of terms; biographical entries on important figures and organizational profiles. In addition, it serves as a reliable and up-to-date guide to additional sources of information. In sum, the Encyclopedia provides an overview of the contours of civil society, social capital, philanthropy and nonprofits across cultures and historical periods. For researchers in nonprofit and civil society studies, political science, economics, management and social enterprise, this is the most systematic appraisal of a rapidly growing field.
Repulsed by evil Nazi practices and desiring to create a better world after the devastation of World War II, in 1948 the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Because of the secular imprint of this text, it has faced a series of challenges from the world’s religions, both when it was crafted and in subsequent political and legal struggles. The book mixes philosophical, legal, and archival arguments to make the point that the language of human rights is a valid one to address the world’s disputes. It updates the rationale used by the early UN visionaries and makes it available to twenty-first-century believers and unbelievers alike. The book shows how the debates that informed the adoption of this pivotal normative international text can be used by scholars to make broad and important policy points.
'The Status of Religion and the Public Benefit in Charity Law' is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition. In response to growing academic and political pressure to reform charity law – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of religion in a secular society that would deny any space for religious communities outside their houses of worship. In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. It represents a series of concerns about the proper role of the state in relation to the differing beliefs of citizens – some of which will quite rightly manifest in actions to benefit the wider society. This debate, then, naturally engages with broader issues related to secularism, civic engagement and liberal democratic freedoms.