The changing nature of religious rights under international law

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Where to find it

Law Library — 3rd Floor Collection (3rd floor)

Call Number
K3258 .C47 2015
Status
Available

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Summary

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.

Contents

  • Foreword p. v Baroness Berridge of the Vale of Catmose
  • List of Contributors p. ix
  • List of Abbreviations p. xi
  • Introduction p. xiii
  • 1 Is Religious Freedom an 'Orphaned' Right? p. 1 Mary Ann Glendon
  • 2 Privileging the "Homo Religiosus'? Towards a Clear Conceptualization of Freedom of Religion or Belief p. 9 Heiner Bielefeldt
  • 3 Challenging Conventional Assumptions: The Case for a Preventive Approach to the Protection of the Freedom of Religion or Belief p. 25 Malcolm D Evans
  • 4 Interpretation of the 1981 Declaration through the Mandate Practice of the United Nations Special Rapporteur on Freedom of Religion or Belief p. 51 Michael Wiener
  • 5 Incitement to Hatred and the 1981 United Nations Declaration on Religion or Belief p. 80 Natan Lerner
  • 6 A View from the United States: US Bilateral and Multilateral Promotion of Freedom of Religion or Belief p. 101 Elizabeth K Cassidy and Catherine Cosman
  • 7 Lost Opportunities and Missed Targets: Notes on Freedom of Religion or Belief in the Organization of Security and Co-operation in Europe p. 124 Thomas M Krapf
  • 8 Old Is New: Europe and Freedom of Religion or Belief p. 146 Knox Thames
  • 9 The Contribution of the European Parliament to the Protection of Freedom of Religion or Belief through the External Relations of the European Union p. 164 Cornells (Dennis) de Jong
  • 10 Faith-based Non-governmental Organizations in the Public Square p. 185 Christopher McCrudden
  • 11 Religious Exceptionalism, Religious Rights, and Public International Law p. 211 Peter Petkoff
  • 12 The Holy See's Understanding of Religious Freedom p. 235 David-Maria Jaeger OFM
  • 13 Religion, Human Rights, and Foreign Policy p. 245 Gary Wilton
  • 14 The Emergence of Corporate Religious Freedom p. 256 Elizabeth A Clark and W Cole Durham, Jr
  • 15 Freedom of Religion in Transnational Contract and Commercial Transactions p. 286 Lias Bantekas
  • Index p. 307

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