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This book assesses whether a new category of actors-religious actors-has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.
Offers expert comparative analysis of the child's best interests within the context of Article 3 of the UNCRC.
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.
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.
Recent events such as ‘Iran’s Green Revolution’ and the ‘Arab Uprisings’ have exploded notions that human rights are irrelevant to Middle Eastern and North African politics. Increasingly seen as a global concern, human rights are at the fulcrum of the region’s on-the-ground politics, transnational intellectual debates, and global political intersections. The Routledge Handbook on Human Rights and the Middle East and North Africa: emphasises the need to consider human rights in all their dimensions, rather than solely focusing on the political dimension, in order to understand the structural reasons behind the persistence of human rights violations; explores the various frameworks in which to consider human rights—conceptual, political and transnational/international; discusses issue areas subject to particularly intense debate—gender, religion, sexuality, transitions and accountability; contains contributions from perspectives that span from global theory to grassroots reflections, emphasising the need for academic work on human rights to seriously engage with the thoughts and practices of those working on the ground. A multidisciplinary approach from scholars with a wide range of expertise allows the book to capture the complex dynamics by which human rights have had, or could have, an impact on Middle Eastern and North African politics. This book will therefore be a key resource for students and scholars of Middle Eastern and North African politics and society, as well as anyone with a concern for Human Rights across the globe.
An examination of the law applicable to detention conducted by non-State armed groups, together with their practices in conflict settings. Drawing on his personal experiences working with humanitarian organizations, Ezequiel Heffes explores how international law could be best employed to protect individuals.
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations. Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan. Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross. Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.
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.
Written by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making International Human Rights Law the ideal companion for students of human rights. Digital formats This fourth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks