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.
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.
Religion, and beliefs related to religion, are a central factor in international life and politics. International law, and human rights law in particular, have to take into consideration the religious dimension, and have done it to some extent. A body of positive law has already been developed for the protection of freedom of religion, and from religion, by the United Nations and regional and specialized organizations. The first edition of this book appeared six years ago, in coincidence with the 25th anniversary of the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion of Belief. It discussed the legal meaning of religion and belief, the United Nations work in this respect, religious minorities, relevant regional and special arrangements, the issue of proselytism, religion and terrorism, religious symbols, international criminal law, and some particular cases such as the state and religious communities in Israel, and this country’s agreement with the Holy See. This second edition of the book updates the information on relevant developments that took place in the time elapsed. and incorporates several new chapters on important issues related to religious freedoms. Such are the chapters on freedom from religion, religion and freedom of association, religion and freedom of expression (including the controversy with respect of defamation of religions), and group rights and legal pluralism. The order of the chapters has been rearranged. It is hoped that law and political science schools, human rights associations and scholars, as well as governments and bodies active in the area of religious freedoms, will find interest in this second, revised and considerably enlarged, edition.
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.
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.
Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.
Although there is no shortage of recent books arguing against religion, few offer a positive alternative—how anyone might live a fulfilling life without the support of religious beliefs. This enlightening book fills the gap. Philip Kitcher constructs an original and persuasive secular perspective, one that answers human needs, recognizes the objectivity of values, and provides for the universal desire for meaningfulness. Kitcher thoughtfully and sensitively considers how secularism can respond to the worries and challenges that all people confront, including the issue of mortality. He investigates how secular lives compare with those of people who adopt religious doctrines as literal truth, as well as those who embrace less literalistic versions of religion. Whereas religious belief has been important in past times, Kitcher concludes that evolution away from religion is now essential. He envisions the successors to religious life, when the senses of identity and community traditionally fostered by religion will instead draw on a broader range of cultural items—those provided by poets, filmmakers, musicians, artists, scientists, and others. With clarity and deep insight, Kitcher reveals the power of secular humanism to encourage fulfilling human lives built on ethical truth.
Argues that a return to a more secular America will promote religious diversity and freedom, and help eliminate the widening divide between religious conservatives and staunch atheists.
Religion, and beliefs related to religion, are today a central factor in international life and politics. International law, and human rights law in particular, have to take into consideration the religious dimension, and have done it to some extent. A body of positive law has already been developed for the protection of freedom of religion, and from religion, by the U.N. and regional organizations. This book, incorporating previously published as well as unpublished materials, discusses the legal meaning of religion and belief, the U.N. work in this respect, religious minorities, relevant regional and special arrangements, the issues of proselytism, religion and terrorism, the use of religious symbols, international criminal law, and some particular situations, such as the state and religious communities in Israel and this country's agreement with the Holy See. Law schools, human rights scholars and activists, and international organizations will find interest in the book.
In 1948, the General Assembly of the United Nations adopted and proclaimed the International Declaration of Human Rights, a document designed to hold both individuals and nations accountable for their treatment of fellow human beings, regardless of religious or cultural affiliations. Since then, the compatibility of Islam and human rights has emerged as a particularly thorny issue of international concern, and has been addressed by Muslim rulers, conservatives, and extremists, as well as Western analysts and policymakers; all have commonly agreed that Islamic theology and human rights cannot coexist. Abdulaziz Sachedina rejects this informal consensus, arguing instead for the essential compatibility of Islam and human rights. He offers a balanced and incisive critique of Western experts who have ignored or underplayed the importance of religion to the development of human rights, contending that any theory of universal rights necessarily emerges out of particular cultural contexts. At the same time, he re-examines the juridical and theological traditions that form the basis of conservative Muslim objections to human rights, arguing that Islam, like any culture, is open to development and change. Finally, and most importantly, Sachedina articulates a fresh position that argues for a correspondence between Islam and secular notions of human rights.
