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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.
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.
Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a reference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement? In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title. The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.
Are human rights universal or the product of specific cultures? Is democracy a necessary condition for the achievement of human rights in practice? And when, if ever, is it legitimate for external actors to impose their understandings of human rights upon particular countries? In the contemporary context of globalization, these questions have a salient religious dimension. Religion intersects with global human rights agendas in multiple ways, including: whether ''universal'' human rights are in fact an imposition of Christian understandings; whether democracy, the ''rule of the people,'' is compatible with God's law; and whether international efforts to enforce human rights including religious freedom amount to an illicit imperialism. This book brings together leading specialists across disciplines for the first major survey of the religious politics of human rights across the world's major regions, political systems, and faith traditions. The authors take a bottom-up approach and focus particularly on hot-button issues like human rights in Islam, Falun Gong in China, and religion in the former Soviet Union. Each essay examines the interaction of human rights and religion in practice and the challenges they pose for national and international policymakers.
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.
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.
This interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.
When the Universal Declaration of Human Rights was drafted in 1945, French Catholic philosopher Jacques Maritain observed, "We agree on these rights, providing we are not asked why. With the 'why,' the dispute begins." The world since then has continued to agree to disagree, fearing that an open discussion of the divergent rationales for human rights would undermine the consensus of the Declaration. Is it possible, however, that current failures to protect human rights may stem from this tacit agreement to avoid addressing the underpinnings of human rights? This consequential volume presents leading scholars, activists, and officials from four continents who dare to discuss the "why" behind human rights. Appraising the current situation from diverse religious perspectives -- Jewish, Protestant, Orthodox, Muslim, Confucian, and secular humanist -- the contributors openly address the question whether God is a necessary part of human rights. Despite their widely varying commitments and approaches, the authors affirm that an investigation into the "why" of human rights need not devolve into irreconcilable conflict. Contributors: Khaled Abou El Fadl Barbra Barnett Elizabeth M. Bucar Jean Bethke Elshtain Robert P. George Vigen Guroian Louis Henkin Courtney W. Howland David Novak Sari Nusseibeh Martin Palouš Robert A. Seiple Max L. Stackhouse Charles Villa-Vicencio Anthony C. Yu
Countering the mainstream debate between religious freedom and the imposition of secular notions of human rights, contributors from various religious traditions explore the impact of religion itself on human rights. Among the topics they take up are environmental rights, the rights of women in India and Iran and within Orthodox Judaism, the global imposition of criminal justice, and the pressure in Latin American to democratize the Catholic Church. Six of the seven essays are followed by lengthy responses. Annotation copyrighted by Book News, Inc., Portland, OR