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1
Abramowicz, Aneta. "Reflections on Religious Freedom and Security in Europe – 2019 OSCE Guidelines." Teka Komisji Prawniczej PAN Oddział w Lublinie 15, no. 2 (December 31, 2022): 3–13. http://dx.doi.org/10.32084/tkp.4618.
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Freedom of thought, conscience and religion as one of the fundamental freedoms and human rights, the source of which is inherent, inalienable and inviolable human dignity, is guaranteed in addition to the provisions of international law also in documents issued by the Conference/Organization for Security and Cooperation in Europe (CSCE/OSCE). They emphasize a clear link between religious freedom and the need to ensure security. Of special importance to this issue are the political guidelines: Freedom of Religion or Belief and Security: Policy Guidance, which are entirely devoted to this subject in accordance with the concept of comprehensive security. The document formulates guiding principles, practical tips and recommendations on many important issues related to freedom of religion or belief and security in the OSCE region. In the study, the content of the indicated document was analyzed and an attempt was made to evaluate it. This allows for the conclusion that ensuring religious freedom is an important element in ensuring security.
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Kolodnyi, Anatolii M. "Civic and legal provision of freedom of missionary activity." Religious Freedom, no. 17-18 (December 24, 2013): 204–7. http://dx.doi.org/10.32420/rs.2013.17-18.1007.
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Ukraine is a country of freedom of beliefs and beliefs. The Constitution of the country (Article 35) provides its citizens with not only the right to profess any religion, but also the freedom of religious activity, prohibits the binding of any one of the religions by recognizing it as a state. In the civil society of Ukraine, each of its citizens is sovereign. In accordance with the Law on Freedom of Conscience and Religious Organizations (Article 3), he is free to accept or change his religion of his choice. Every citizen has the right to express and freely distribute his religious beliefs. "No one can set obligatory beliefs and outlooks. No coercion is allowed in determining a citizen's attitude to religion ..., to participation or non-participation in worship, religious rites and ceremonies, teaching religion. " Thus, by proclaiming the right to freedom of religion, freedom of religion, the Ukrainian state, if it considers itself to be democratic and claims to join such a united Europe, is obliged to create conditions for the functioning of different religions in its territory.
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Sauer, Christof. "Religious Freedom and Pluralistic Europe. Challenges for Christians." European Journal of Theology 29, no. 1 (December 1, 2020): 49–61. http://dx.doi.org/10.5117/ejt2020.1.006.saue.
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SUMMARY Christians in Europe face challenges regarding freedom of religion or belief which differ in magnitude or character from those facing Christians elsewhere. The 51 states associated with geographical Europe are predominantly Christian but denominationally diverse and in part highly secularised. Those which cause highest concern in global religious freedom surveys are on the fringe of Europe: populous Russia and Turkey and less populous Azerbaijan and Kazakhstan. Yet numerous western countries also give cause for concern. Problems identified are stereotyping, vilification and hate speech; violence against people and objects; state control of religious practices; excluding religion from public life; and suppressing conscience, traditional Christian ethics and truth claims. Christian responses to such challenges include descriptive, legal and spiritual approaches, such as litigation, political lobbying and campaigning, cooperative strategies, intellectual engagement and attempts at shaping culture. ZUSAMMENFASSUNG Christen in Europa stehen vor Herausforderungen im Blick auf Religions- und Weltanschauungsfreiheit, die sich in Ausmaß und Charakter von denen unterscheiden, denen sich Christen anderswo gegenübersehen. Die 51 Staaten, die mit dem geographischen Europa assoziiert werden, sind überwiegend christlich, aber konfessionell vielfältig und zum Teil stark säkularisiert. Diejenigen, die in globalen Erhebungen zur Religionsfreiheit am meisten Anlass zur Sorge geben, liegen am Rande Europas: die bevölkerungsreichen Länder Russland und Türkei sowie die weniger bevölkerungsreichen Aserbaidschan und Kasachstan. Aber auch zahlreiche westliche Länder geben Anlass zur Sorge. Als Probleme werden Stereotypisierung, Verunglimpfung und Hassreden, Gewalt gegen Menschen und Objekte, staatliche Kontrolle religiöser Praktiken, Ausschluss der Religion aus dem öffentlichen Leben und die Unterdrückung des Gewissens, der traditionellen christlichen Ethik und der Wahrheitsansprüche genannt. Christliche Antworten auf solche Herausforderungen umfassen beschreibende, rechtliche und geistliche Ansätze, wie Prozessieren, politische Lobbyarbeit und Kampagnen, kooperative Strategien, intellektuelles Engagement und Versuche die Kultur zu gestalten. RÉSUMÉ En Europe, les chrétiens font face à des problèmes en matière de liberté religieuse et de liberté de conscience, dont la nature et l’ampleur diffèrent de ceux que rencontrent les chrétiens dans d’autres parties du monde. Les cinquante-et-un États constituant l’Europe géographique sont majoritairement chrétiens, mais en même temps très divers au plan confessionnel, et en partie très sécularisés. Ceux qui suscitent le plus de préoccupations selon les enquêtes mondiales sur la liberté religieuse se trouvent à la périphérie de l’Europe : la Russie et la Turquie, très peuplées, ainsi que l’Azerbaïdjan et le Kazakhstan, moins peuplés. Cependant, la situation dans de nombreux pays d’Europe de l’ouest est également préoccupante. Parmi les problèmes constatés figurent les stéréotypes, la diffamation, les discours haineux, les actes de violence contre les personnes et les biens, le contrôle exercé par l’État sur les pratiques religieuses, l’exclusion de la religion de la sphère publique, les atteintes à la liberté de conscience et la mise en cause de l’éthique chrétienne traditionnelle et de la revendication de vérité. Pour y faire face, les chrétiens peuvent avoir recours à des approches descriptives, juridiques et spirituelles, telles que les procès, le lobbying, les campagnes politiques, les stratégies de coopération, la présentation argumentée de leurs positions, et les tentatives de façonner la culture.
4
Sauer, Christof. "Religious Freedom and Pluralistic Europe. Challenges for Christians." European Journal of Theology 29, no. 1 (December 1, 2020): 49–61. http://dx.doi.org/10.5117/ejt2020.1.006.saue.
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SUMMARYChristians in Europe face challenges regarding freedom of religion or belief which differ in magnitude or character from those facing Christians elsewhere. The 51 states associated with geographical Europe are predominantly Christian but denominationally diverse and in part highly secularised. Those which cause highest concern in global religious freedom surveys are on the fringe of Europe: populous Russia and Turkey and less populous Azerbaijan and Kazakhstan. Yet numerous western countries also give cause for concern. Problems identified are stereotyping, vilification and hate speech; violence against people and objects; state control of religious practices; excluding religion from public life; and suppressing conscience, traditional Christian ethics and truth claims. Christian responses to such challenges include descriptive, legal and spiritual approaches, such as litigation, political lobbying and campaigning, cooperative strategies, intellectual engagement and attempts at shaping culture.ZUSAMMENFASSUNGChristen in Europa stehen vor Herausforderungen im Blick auf Religions- und Weltanschauungsfreiheit, die sich in Ausmaß und Charakter von denen unterscheiden, denen sich Christen anderswo gegenübersehen. Die 51 Staaten, die mit dem geographischen Europa assoziiert werden, sind überwiegend christlich, aber konfessionell vielfältig und zum Teil stark säkularisiert. Diejenigen, die in globalen Erhebungen zur Religionsfreiheit am meisten Anlass zur Sorge geben, liegen am Rande Europas: die bevölkerungsreichen Länder Russland und Türkei sowie die weniger bevölkerungsreichen Aserbaidschan und Kasachstan. Aber auch zahlreiche westliche Länder geben Anlass zur Sorge. Als Probleme werden Stereotypisierung, Verunglimpfung und Hassreden, Gewalt gegen Menschen und Objekte, staatliche Kontrolle religiöser Praktiken, Ausschluss der Religion aus dem öffentlichen Leben und die Unterdrückung des Gewissens, der traditionellen christlichen Ethik und der Wahrheitsansprüche genannt. Christliche Antworten auf solche Herausforderungen umfassen beschreibende, rechtliche und geistliche Ansätze, wie Prozessieren, politische Lobbyarbeit und Kampagnen, kooperative Strategien, intellektuelles Engagement und Versuche die Kultur zu gestalten.RÉSUMÉEn Europe, les chrétiens font face à des problèmes en matière de liberté religieuse et de liberté de conscience, dont la nature et l’ampleur diffèrent de ceux que rencontrent les chrétiens dans d’autres parties du monde. Les cinquante-et-un États constituant l’Europe géographique sont majoritairement chrétiens, mais en même temps très divers au plan confessionnel, et en partie très sécularisés. Ceux qui suscitent le plus de préoccupations selon les enquêtes mondiales sur la liberté religieuse se trouvent à la périphérie de l’Europe : la Russie et la Turquie, très peuplées, ainsi que l’Azerbaïdjan et le Kazakhstan, moins peuplés. Cependant, la situation dans de nombreux pays d’Europe de l’ouest est également préoccupante. Parmi les problèmes constatés figurent les stéréotypes, la diffamation, les discours haineux, les actes de violence contre les personnes et les biens, le contrôle exercé par l’État sur les pratiques religieuses, l’exclusion de la religion de la sphère publique, les atteintes à la liberté de conscience et la mise en cause de l’éthique chrétienne traditionnelle et de la revendication de vérité. Pour y faire face, les chrétiens peuvent avoir recours à des approches descriptives, juridiques et spirituelles, telles que les procès, le lobbying, les campagnes politiques, les stratégies de coopération, la présentation argumentée de leurs positions, et les tentatives de façonner la culture.
5
Kyrychenko, Yuriy, and Hanna Davlyetova. "Theoretical-legal aspects of constitutional regulation of the right to freedom of opinion and religion in Ukraine and the countries of continental Europe." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 15–20. http://dx.doi.org/10.31733/2078-3566-2020-2-15-20.
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The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious cults and rituals, as well as to conduct religious activities. It is noted that in the states of continental Europe the constitutional and legal regulation of the right to freedom of opinion and religion is implemented differently. Thus, in the constitutions of Andorra, Bulgaria, Bosnia and Herzegovina, Armenia, Georgia, Estonia, Lithuania, Macedonia, Romania, San Ma-rino, Serbia, Czech Republic and Montenegro, the analyzed law is enshrined along with other human rights. In other constitutions of European states, the law under study is formulated in a separate article. It is stated that the constitutions of European states use unequal verbal designations of this right. In particular, such terminological expressions as "freedom of conscience and religion", "freedom of cults", "freedom of conscience, religion and other beliefs", "freedom of conscience and religion", "freedom of conscience", "freedom of religion and worship", " freedom of religion ”,“ freedom of choice of religion ”,“ freedom of conscience, religion and worship ”,“ freedom of religion and conscience ”,“ freedom of religious beliefs ”, which differ but have much in common. The expediency of deleting the term “freedom of world outlook” from Part 1 of Art. 35 of the Constitution of Ukraine and the consolidation of the term "freedom of conscience", which in its content, first, covers a broad sphere of spiritual, world-view of human being, and second, acts as the freedom of choice and assertion of the individual in the system of religious coordinates. It is proposed taking into account the European experience of constitutional and legal regulation of the right to freedom of opinion and religion of the provision of Art. 35 of the Constitution of Ukraine shall be read as follows: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious or ritual rites alone or collec-tively, to conduct religious activities. The exercise of this right may be restricted by law only in the interests of public order, the health and morals of the population, or the protection of the rights and freedoms of others. Churches and religious organizations in Ukraine are separated from the state and the state education system from the church. No religion can be recognized as binding by the state. Churches and religious organizations are equal before the law. It is forbidden to compel a person to choose and profess any religion or belief, to participate in re-ligious and ritual ceremonies or activities of a religious organization and to receive religious education.”
6
Alidadi, Katayoun, and Marie-Claire Foblets. "Framing Multicultural Challenges in Freedom of Religion Terms." Netherlands Quarterly of Human Rights 30, no. 4 (December 2012): 388–416. http://dx.doi.org/10.1177/016934411203000403.
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Multicultural challenges in Europe are being framed in human rights language, and in particular in terms of the freedom of thought, conscience and religion. The question is whether the practical case-by-case application of the fundamental right to freedom of religion in national and European case law facilitates a ‘deep (and normative) diversity’ in Europe or rather only allows space for a limiting or ‘conditioned diversity’ instead. While opening up possibilities for minorities to live out their lives in accordance to their deeply-held convictions, it seems to us that the human rights working frame in a predominantly ‘minimalist’ conception comes with its inherent limitations as to the management of Europe's religious diversity. While human rights purport to liberate and protect, they also impose conditions, criteria and standards that are grounded in a Western vision of law, society and religion. Religious minorities stand to gain from playing by the human rights rules as long as they accept to mould, shape and limit their claims to fit dominant conceptions, which perhaps diverge from their own understandings, needs and aspirations. Drawing on case law collected through the RELIGARE project network, this article aims to illustrate some of the limitations and confines that Europe's diverse communities face in the areas of the workplace, the public place, the family, and State support to religions.
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Berger, Maurits. "Legal Trends in Western Europe Related to Freedom of Religion." Religion & Human Rights 4, no. 1 (2009): 1–6. http://dx.doi.org/10.1163/187103209x440173.
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AbstractFreedom of religion is not a static concept, especially not when religion becomes an increasingly dominant actor in the social and political field. This is particularly the case in Western Europe, where legal systems based on different forms of secularism are confronted with increasing religiosity among its indigenous people and large numbers of migrants. The author discerns four legal trends resulting from this confrontation, ranging from engaging religion to rebutting it: state involvement with religious authorities and activities; active state promotion of organization of religious communities (in particular Muslims); the protection of religion rather than its believers; and curbing religious behavior by law.
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Sobczak, Jacek. "Obraza uczuć religijnych a wolność sztuki i ekspresji artystycznej." Themis Polska Nova 8, no. 1 (2015): 87–111. http://dx.doi.org/10.15804/tpn2015.1.05.
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The offense against religious feelings expressed in the text of Art. 196 of PC is strongly embedded in the constitutional liberties and freedoms and human rights of both the Council of Europe and the European Union. Freedom of conscience and religion, which originated in the wording of Art. 196 of PC remains in antinomy to other constitutional values protected by both international acts such as freedom of expression, freedom of artistic expression, the freedom to teach and freedom to enjoy cultural heritage. This requires balancing the content of these freedoms. At present stage there is yet no way to resolve the alleged doctrine of countertype of art.
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Modood, Tariq, and Thomas Sealy. "Freedom of Religion and the Accommodation of Religious Diversity: Multiculturalising Secularism." Religions 12, no. 10 (October 13, 2021): 868. http://dx.doi.org/10.3390/rel12100868.
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The classical liberal concern for freedom of religion today intersects with concerns of equality and respect for minorities, of what might be loosely termed ‘multiculturalism’. When these minorities were primarily understood in terms of ethno-racial identities, multiculturalism and freedom of religion were seen at that time as quite separate policy and legal fields. As ethno-religious identities have become central to multiculturalism (and to rejections of multiculturalism), specifically in Western Europe in relation to its growing Muslim settlements, not only have the two fields intersected, new approaches to religion and equality have emerged. We consider the relationship between freedom of religion and ethno-religious equality, or alternatively, religion as faith or conscience and religion as group identity. We argue that the normative challenges raised by multicultural equality and integration cannot be met by individualist understandings of religion and freedom, by the idea of state neutrality, nor by laicist understandings of citizenship and equality. Hence, a re-thinking of the place of religion in public life and of religion as a public good and a re-configuring of political secularism in the context of religious diversity is necessary. We explore a number of pro-diversity approaches that suggest what a respectful and inclusive egalitarian governance of religious diversity might look like, and consider what might be usefully learnt from other countries, as Europe struggles with a deeper diversity than it has known for a long time. The moderate secularism that has historically evolved in Western Europe is potentially accommodative of religious diversity, just as it came to be of Christian churches, but it has to be ‘multiculturalised’.
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Scharffs, Brett G. "THE (NOT SO) EXCEPTIONAL ESTABLISHMENT CLAUSE OF THE UNITED STATES CONSTITUTION." Journal of Law and Religion 33, no. 2 (August 2018): 137–54. http://dx.doi.org/10.1017/jlr.2018.33.
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ABSTRACTSince the end of World War II and the beginning of the human rights era, a common narrative has dominated international discussions of law and religion, especially in Europe, that emphasizes the alleged idiosyncrasy and uniqueness of U.S. Constitutional law regarding freedom of religion. What I call the “standard story” notes that unlike human rights instruments, and the constitutions of most European States, the U.S. Constitution contains an “Establishment Clause” prohibiting an establishment of religion, while European countries do not have prohibitions on state establishments, and indeed the relationships between religion and the state fall along a continuum running from cooperation, favored religions, to actual state establishments of religion. According to the standard story, the Free Exercise Clause of the U.S. First Amendment is a precursor of and has analogues in the human rights instruments’ provisions protecting freedom of thought, conscience, and religion, but the Establishment Clause is characterized as being sui generis, a thing unto itself. The U.S. experience with the antiestablishment principle, symbolized by Jefferson's wall of separation, the standard story notes, is so unique and so different that the lessons gleaned there have very little to offer Europe, or indeed perhaps the rest of the world. In this article I argue, as my title suggests, that the American experience is not as unique as some (especially Europeans) sometimes think it is.
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Ghanea, Nazila. "Religious Pluralism and Human Rights in Europe: Where to Draw the Line? Religion, Secular Beliefs and Human Rights, 25 Years After the 1981 Declaration." International Journal on Minority and Group Rights 15, no. 4 (2008): 539–44. http://dx.doi.org/10.1163/157181108x376624.
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AbstractThese two books address the vexing question of human rights and freedom of religion or belief essentially in two different contexts and from two different perspectives: the European and the international. They do so in a broad manner, addressing the social, political, legal and policy implications of religion at large as well as freedom of religion or belief itself. From an overview of both, it can be seen that neither minority rights, cultural rights, freedom of expression nor freedom of association compensate the absence of freedom of religion or belief in human rights terms.
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Begović, Nedim. "Freedom of Religion or Belief." Context: Journal of Interdisciplinary Studies 7, no. 1 (April 1, 2021): 63–84. http://dx.doi.org/10.55425/23036966.2020.7.1.65.
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The aim of this paper is to analyse how Bosnian Muslims, both as part of the global Muslim Ummah and an autochthonous European people, view the European or, more broadly, Western concept of the individual right to freedom of religion. While the paper does provide a historical review of their engagement with freedom of religion from the time of the Ottoman conquest and the spread of Islam among the population until the period of the socialist Yugoslavia in the 2nd half of the 20th century, the focus is on the period since the 1990s, during which Bosnian society has been undergoing transformation from a communist to a liberal open society, including the establishment of new standards for the religious sphere that reflect the values of the European liberal democratic tradition. In addition to analysing the normative legal framework of freedom of religion and the relationship between the state and the religious communities, due attention is given to how the Islamic Community in Bosnia and Herzegovina has positioned itself under the new regime and the challenges involved in achieving the various individual and institutional aspects of religious freedom for Bosnian Muslims. The author argues that the Islamic Community in Bosnia and Herzegovina, as the bearer of religious authority for Bosnian Muslims, has exhibited a proactive approach in post-socialist restructuring of relations between the state and religion, deploying all the positive attributes of the internationally recognized right to freedom of religion, as embodied in the liberal-democratic tradition of Western Europe.
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Fylypovych, Liudmyla O. "Freedom of Religion and Belief in a State Department Report." Religious Freedom 2, no. 19 (November 8, 2016): 25–28. http://dx.doi.org/10.32420/rs.2016.19.2.887.
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Freedom of conscience and religion, freedom of religion and belief - the natural right of any person in any community. As experience has shown, it is this right, which is subjected to the greatest infringement, oppression, discrimination, and persecution. This right requires constant support and assistance from state and public institutions. In order to protect freedom of religion and religion, various platforms have been created to promote freedom of religion or belief, which is protected by numerous international conventions and declarations, including conventions and declarations of the United Nations (UN) and the Organization for Security and Cooperation in Europe (OSCE). Within the UN, issues of religious freedom are addressed primarily by the Human Rights Council, including its new Universal Periodic Review (VPO) procedure, as well as by monitoring it by the Special Rapporteur (independent expert) on freedom of religion or belief. The Human Rights Council and the UN General Assembly, through the adoption of their resolutions, monitor situations using thematic experts, including the Special Rapporteur on freedom of religion or belief, 32 as well as appointing or continuing the work of Special Rapporteurs specializing in certain countries. The OSCE continues to be an important forum in which the 56 participating States report on their broad obligations in the field of religious freedom.
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Quatrini, Francesco. "Tolerance, Society, and Sovereignty: The Retreat from Pluralism in the Polish-Lithuanian Commonwealth." Renaissance Quarterly 76, no. 1 (2023): 124–65. http://dx.doi.org/10.1017/rqx.2022.434.
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The Polish Brethren were fervent advocates of religious tolerance. Johann Crell's “Vindiciae pro Religionis Libertate” (1637) is prominent among their works, because of its far-reaching and progressive arguments for freedom of religion. This article outlines the historical and intellectual context of this pamphlet, and its reception in seventeenth-century Europe. Despite being familiar with a historical situation in the Polish-Lithuanian Commonwealth where toleration was practiced on a societal level, Crell strongly argued that freedom of religion had to be enacted through a public law. Only in this way could freedom of religion be truly effective and guarantee safety for all citizens.
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Lassen, Eva Maria. "Limitations to Freedom of Religion or Belief in Denmark." Religion & Human Rights 15, no. 1-2 (April 23, 2020): 134–52. http://dx.doi.org/10.1163/18710328-bja10008.
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Abstract The article analyses legislative changes in the area of freedom of religion or belief in Denmark between 2014 and 2018. Recent legislation has placed pressure particularly on religious minorities to limit certain religious manifestations, and it is possible to trace a certain “juridification” of freedom of religion, by which the values underlying freedom of religion according to international standards are not always fully reflected. Additionally, there is a tendency to address societal concerns by means of legal interventions. The article argues that by making increased use of soft law developed by the EU, the Council of Europe and the UN, Danish lawmakers would be able to reach a more comprehensive understanding of freedom of religion or belief as well as include non-legal solutions to societal concerns. It further argues that while Denmark’s national (Lutheran) church possess the majority of constituents, nonetheless its privileged position may paradoxically strengthen freedom of religion for religious minorities.
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Ferrari, Silvio. "Religion between Liberty and Equality." Journal of Law, Religion and State 4, no. 2 (June 23, 2016): 179–93. http://dx.doi.org/10.1163/22124810-00402003.
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In this paper I argue that the shift from liberty to equality in the legal regulation of freedom of religion is part of a larger process of globalization of law that can change the “quality” of the right to freedom of religion and belief However, this shift does not have the same impact on different areas of the legal regulation of freedom of religion and belief. Moreover, it needs to be contextualized and considered in the light of the different historical and cultural background of each country. For these reasons the shift from liberty to equality cannot be understood as a linear process. The forms it takes and its final outcome can be very different according to the legal fields and the countries that are taken into consideration. Europe, with its rich background of internal diversity, provides a good case-study to test the soundness of this claim.
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Hill, Mark. "Religious Freedom: Transition and Globalisation." Ecclesiastical Law Journal 8, no. 36 (January 2005): 100–101. http://dx.doi.org/10.1017/s0956618x00006116.
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In the year 988 Prince Vladimir dramatically baptised his entire nation in the Dnepr River, thereby establishing a new state religion in what is now Ukraine. Fittingly, Kiev (or Kyiv to adopt the Ukrainian spelling) played host in May to a conference on ‘Religious Freedom: Transition and Globalisation’. Convened by the State Committee for Religious Affairs, the conference brought together academics from Western Europe and the USA with civil servants from the emergent democracies of the former USSR.
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Iyer, Sriya. "Religion and Discrimination: A Review Essay of Persecution and Toleration: The Long Road to Religious Freedom." Journal of Economic Literature 60, no. 1 (March 1, 2022): 256–78. http://dx.doi.org/10.1257/jel.20201594.
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Noel D. Johnson and Mark Koyama’s book, Persecution and Toleration: The Long Road to Religious Freedom, examines the links between religion, state action, and the development of liberalism in medieval Europe. It discusses a model of “conditional toleration”; how the interaction between religion and state influences persecution and discrimination against minorities; and how religious freedom eventually paved the way for scientific advances, liberalism, and economic growth. It tackles issues such as fiscal capacity, anti-Semitism in Europe, plagues including the Black Death, heresy in the Spanish Inquisition, witchcraft trials, the Holocaust, climate shocks, and the growth of cities with emergent religious minorities. It discusses these issues for a range of countries in medieval Europe, providing rich historical detail and interpretive depth for its main argument. This is a deeply evocative book that makes an important contribution to the new economics of religion. Carefully researched and thoughtfully crafted, the themes it discusses and the ideas it raises have relevance not only for medieval European societies, with which it is principally concerned, but also for contemporary economies everywhere. (JEL D72, N13, N33, N43, Z12)
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Valero-Estarellas, María-José. "Freedom of Religion, Religious Employment, and Conflicts of Rights: Europe at a Crossroads." Journal of Law, Religion and State 10, no. 1 (September 14, 2022): 27–52. http://dx.doi.org/10.1163/22124810-10010004.
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Abstract Religious communities and churches have traditionally been significant sources of employment. Many European countries have found ways to integrate into their legal systems particularities of religious employment that are alien to other areas of labor law. Until recently, constitutional courts have been reluctant to question the right of churches to define the occupational requirements of their secular employees, but the recognition of church autonomy in religious employment has not been straightforward in the European Court of Human Rights and the Court of Justice of the European Union. This paper provides some reflections on where Europe may be headed in this field, and whether well-tested principles, such as denominational neutrality, may offer some insight on how to address the still unresolved conflict between important human rights: freedom of religion and the right to autonomy of religious employers, and the individual fundamental freedoms of their employees.
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Sagan, Oleksandr N. "Identity issues: external manifestations of freedom of religion and belief." Religious Freedom 2, no. 19 (November 8, 2016): 20–25. http://dx.doi.org/10.32420/rs.2016.19.2.886.
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In the conditions of modern Ukraine, despite the 25th anniversary of its independence, the issues of identity / self-identity have not lost their relevance in it. Immediately I would like to say that this situation exists not only in Ukraine. These questions have not lost their relevance throughout the world and even, it would seem, such a prosperous Europe in all respects.
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Choudhary, Vikas K. "The Idea of Religious Minorities and Social Cohesion in India’s Constitution: Reflections on the Indian Experience." Religions 12, no. 11 (October 21, 2021): 910. http://dx.doi.org/10.3390/rel12110910.
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India has many religious groups, of which Hindus are a majority, and Muslims, Christians, Sikhs, Buddhists and Jains are minorities. India’s Constitution, adopted in 1950, departed from the existing norms of secularism in Europe and elsewhere, which suggested a strict separation of religion and state. Moreover, freedom of religion is a Fundamental Right guaranteed under the Indian Constitution. With its distinct model of secularism and special provisions for religious minorities, India’s social cohesion arrangement needs special attention. On one hand, the distinct understanding of secularism in the Indian context has led to the advancement of religious pluralism. At the same time, it has invited criticism for selective intervention in the affairs of religious communities from governments in power. The selective intervention has challenged the exclusivity of Indian secularism. This article evaluates the constitutional and theoretical ideas underlying provisions on religious minorities and freedom of religion enshrined in the Indian Constitution. It appraises the idea of religious minorities enshrined in the constitution through a discussion of the process that shaped the idea. The article reflects on the Indian experience of managing the rights of religious minorities and freedom of religion. By analysing a landmark judgement related to freedom of religion and the rights of religious minorities, the article evaluates whether the Indian Constitution advances a model of social cohesion by balancing freedom of religion and the rights of religious minorities or remains ineffective in achieving the same.
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Pushkar, Pavlo, and Oleksii Ivanets. "Right to freedom of religion and the principle of neutrality of the state in in the case-law of the European Court of Human Rights and the decisions of the Committee of Ministers of the Council of Europe. Ukrainian Perspective and view to the future." Ukrainian Journal of International Law 3 (September 30, 2020): 41–55. http://dx.doi.org/10.36952/uail.2020.3.41-55.
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This article suggests a review of the case-law of the European Court of Human Rights and the practices of the Committee of Ministers of the Council of Europe as sources of evaluation of the material and procedural requirements as to the right to freedom of expression. These practices, being synchronised and coherent, are aimed at ensuring implementation of the requirements of the Convention. The right to freedom of expression reflects several aspects of realisation of this right – its realisation as an individual and its collective dimension – together with other persons, or even refusal to exercise a right to freedom of religion. Also, most importantly, the article deals with the requirements of the procedural protection of this right, supplemented guarantees of preventive nature and procedural nature aimed at ensuring effective protection of the right domestically. Such measures include domestic administrative or judicial action. The right to freedom of religion is a right, which integrates some aspects of its subsidiary implementation. In particular, in determining existence of legitimate aim and proportionality of interference with the right to freedom of religion. The article also discusses the relevance of “margin of appreciation” and “proportionality” as elements that influence academic discussions and public criticism of some of the approaches taken by the European Court of Human Rights in assessing compliance of measures taken by the states to limit exercise of freedom of religion.
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Cinar, Ozgur H. "Brexit and its Implications on the Freedom of Religion and Belief in the UK." International Journal of Religion 3, no. 1 (June 1, 2022): 37–48. http://dx.doi.org/10.33182/ijor.v3i1.1941.
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This article examines what the implications of Brexit might be on the freedom of religion and belief, one of the most significant freedoms for social identity, in light of the ongoing debate concerning the political, economic, social and cultural effects of Brexit on the United Kingdom (UK). There is particular anxiety over increasing religious hate crime since the European Union (EU) Referendum of 23 June 2016, with people wondering if the tradition of tolerance in Britain will be affected. Consequently, in this article the following questions will be asked: Will Brexit seriously undermine the existential conditions of this freedom? Will Brexit enable the UK to present itself as a haven for people suffering because of restrictions on religious symbols introduced in Continental Europe? Are Government plans to prevent a rise in Brexit-related religious hate crimes sufficient? How should such hate crimes be combatted?
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Krawerenda-Wajda, Katarzyna. "The Spirituality of Contemporary Danes – between Paganism and Secularisation." Intercultural Relations 2, no. 2(4) (March 27, 2019): 147–60. http://dx.doi.org/10.12797/rm.02.2018.04.10.
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The topic of the article is the issue of the place of religion in contemporary Danish society. Not only Scandinavia, but all of Europe is subject to secularisation processes. As a result of this process, the role of the Christian religion remains limited or eliminated. However this crisis of religion, does not affect the deeprooted desire for transcendence and individual search for it. In the case of Denmark, it appears in a return to neo-paganism – a reconstructionist religion that attempts to return to the religion of the “nature” of ancient and early medieval Germans. An example of this religion is the Ásatrú movement, dynamically developing in Denmark. On the other hand, the need for transcendence is realised by the phenomenon of spirituality, which is the need for self-transcending. Both of these directions are an expression of freedom, finding meaning, but also a conscious search for identity in a dynamically changing Europe.
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Pirjola, Jari. "Freedom of Religion in Multi-Faith Europe: Protecting Universal or Western Sensibilities?" Nordic Journal of Human Rights 29, no. 01 (August 30, 2011): 38–55. http://dx.doi.org/10.18261/issn1891-814x-2011-01-03.
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Семенова, Наталия Сергеевна. "Current Problems of the Realization of the Right to Freedom of Conscience and Religious Вeliefs by Christians in Western European States." Праксис, no. 1(3) (June 15, 2020): 17–35. http://dx.doi.org/10.31802/2658-6517-2020-1-3-17-35.
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На сегодняшний день сформирована солидная правовая база международных обязательств государств по гарантии права на свободу мысли, совести и религии. Соблюдение данных гарантий обеспечивается на международном уровне наличием разработанной системы уставных и договорных контрольных механизмов, в рамках которых государства отчитываются о выполнении своих обязательств. Тем не менее, несмотря на наличие хорошо разработанной международно-правовой системы защиты права на свободу мысли, совести и религии, проблемы реализации данного права, включая преследования и дискриминацию по признаку отношения к религии, остро стоят во многих странах Западной Европы. Причем, проблемы реализации права на свободу совести и вероисповедания возникают, как правило, у последователей Христианства - культурообразующей религии большинства государств Западной Европы. В статье рассмотрены основные проблемы и причины дискриминации христиан в Западной Европе. Приведены примеры практики национальных судов и Европейского суда по правам человека в области дискриминации христиан в западноевропейских государствах. Проанализированы последствия «политики толерантности», продвигаемой странами Западной Европы на международном уровне как основной «ценности» демократического общества, во взаимосвязи с дискриминацией христиан. To date, a solid legal base of the international obligations of states has been formed to guarantee the right to freedom of thought, conscience and religion. Compliance with these guarantees is ensured at the international level by the existence of a developed system of statutory and contractual control mechanisms, within which states report on the fulfillment of their obligations. Nevertheless, despite the existence of a well-developed international legal system for protecting the right to freedom of thought, conscience and religion, the problems of the realization of this right, including persecution and discrimination based on religion, are acute in many countries of Western Europe. Moreover, the problems of the realization of the right to freedom of conscience and religion arise, as a rule, among the followers of Christianity, the culture-forming religion of most states of Western Europe. The article discusses the main problems and causes of discrimination against Christians in Western Europe. It contains examples of the practice of national courts and the European Court of Human Rights in the field of discrimination against Christians in Western European countries are given. The consequences of the «policy of tolerance» promoted by the countries of Western Europe at the international level as the main «value» of a democratic society, in connection with discrimination against Christians, are analyzed.
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Bottoni, Rossella, and Cristiana Cianitto. "The Legal Treatment of Religious Dissent in Western Europe: A Comparative View." Ecclesiastical Law Journal 24, no. 1 (January 2022): 25–37. http://dx.doi.org/10.1017/s0956618x21000636.
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This article examines the legal treatment of religious dissent from a comparative perspective, by focusing on the legal evolution from intolerance to toleration, and from toleration to emancipation in France, Italy, Norway and the United Kingdom. Historically, in Europe, only people professing the official religion were regarded as full members of the political community. Those who professed another religion were expelled, persecuted, discriminated or – in the best cases – merely tolerated. Over the course of the nineteenth and twentieth centuries, in different degrees and forms according to the country concerned, European states started separating citizenship from religious belonging – a fundamental step in the process of secularisation of law in Europe. This development led to the emancipation of religious dissenters through the recognition of both the principle of equality of all citizens before the law, regardless of one's religion or belief, and the individual right to freedom of religion and belief.
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Ropi, Ismatu. "Konstitusi dan Nomenklatur Kebebasan Beragama: Pengalaman Berbagai Negara." ILMU USHULUDDIN 7, no. 1 (May 14, 2020): 57–82. http://dx.doi.org/10.15408/iu.v7i1.14411.
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This article examines the idea of religious freedom as the constitutional rights of some countries. In the beginning, the principles of freedom of religion (liberty of religion) was deeply rooted and strongly associated with the concept of 'freedom of thought and conscience', a phrase that first appeared in the Westphalia Treaty of 1648 which ended a long war in the name of religion in Europe. In this context, religious freedom was understood as freedom to believe (or not believe), adhere (or not adhere) to a religious proposition, belief or doctrine on the basis of individual experience or reasoning. It also contained the freedom to change that belief at any time if desired for the reason that basically human being through out his/her life continues to carry out what to be called as the process of preference and selection from the 'better' life. Nevertheless, religious freedom is not merely a natural right belonging to every individual but in turn also a given right granted by the state as a political authority manifested later in the respective Constitution. For this reason, the state as the holder of the people's mandate has the right to take actions in maintaining this order which in turn may in principle be possible to limit the rights of the community itself, including those relating to religion. Hence this article discusses several important matters on the issue. First, how and to what extent international law guarantees religious freedom normatively; second, how do the general portrait of various state constitutions when discussing religious freedom, and third, to what extent freedom is practically influenced by conditions such as the concept of the public sphere and the existence of a dominant majority group.
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ISABELLA, MAURIZIO. "CITIZENS OR FAITHFUL? RELIGION AND THE LIBERAL REVOLUTIONS OF THE 1820S IN SOUTHERN EUROPE." Modern Intellectual History 12, no. 3 (January 16, 2015): 555–78. http://dx.doi.org/10.1017/s147924431400078x.
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Historians of liberalism have tended to ignore or underplay the contribution of southern Europe. However, in the 1820s this part of the world was at the forefront of the struggle for liberal values. This essay explores the relationship between constitutional culture and religion during the liberal revolutionary wave that affected Portugal, Spain, the Italian peninsula and Greece, by examining parliamentary debates, the revolutionary press, literature targeting the masses, religious sermons and exile writings. It argues that rather than rejecting religion, liberals strove to find an accommodation between their values and revealed truth—they were convinced that no society could survive without religious morality. In this way, they developed a variety of religious attitudes that ranged from deism to forms of crypto-Protestantism without abandoning their established religions. At the same time, although they defended individual rights and freedom of expression against the opposition of the churches, and argued for reformed and enlightened forms of religiosity, most of them considered the religious uniformity of their societies advantageous and even opposed religious toleration.
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Aleksiejuk, Artur. "Religious freedom and political correctness in United Europe." Elpis : czasopismo teologiczne Katedry Teologii Prawosławnej Uniwersytetu w Białymstoku, no. 25-26 (2012): 105–13. http://dx.doi.org/10.15290/elpis.2012.25-26.08.
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Wiczanowska, Hanna. "Oddziaływanie doktryny marginesu uznania na rozstrzyganie konfliktu pomiędzy wolnością wypowiedzi a wolnością sumienia i wyznania w praktyce orzeczniczej Europejskiego Trybunału Praw Człowieka." Przegląd Europejski, no. 2-2020 (June 8, 2020): 83–98. http://dx.doi.org/10.31338/1641-2478pe.2.20.6.
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The aim of the paper hereto is to conduct analysis regarding the influence of the margin of appreciation doctrine on the solution of the collision between the freedom of expression and the freedom of religion within the Strasbourg system of human rights protection. The main research question focuses on the issue whether the margin of discretion equally affects both considered freedoms and how it impacts their conflict. The paper will rely on dogmatic analysis of the provisions of the European Convention on Human Rights and selected judgments of the European Court of Human Rights in relation to the collision of the aforesaid freedoms. In this article, the author will also implement the historic method. The main thesis of the article is the primacy of the freedom of religion which causes illegitimate limitation of the freedom of expression due to lack of uniform European consensus regarding the qualification of the blasphemous speeches which constitutes a threat for legal certainty.
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Spencer, J. R. "English Criminal Procedure and the Human Rights Act 1998." Israel Law Review 33, no. 3 (1999): 664–77. http://dx.doi.org/10.1017/s0021223700016101.
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The European Convention on Human Rights is one of the manifestations of the Council of Europe, an organisation of European states founded in 1949 with the aim of strengthening the common democratic heritage. It is an international treaty which binds the contracting States to respect the list of human rights and freedoms it proclaims. An enforcement mechanism exists in the form of the European Court of Human Rights (in this paper called ‘the Strasbourg court’).In brief, these rights and freedoms are the right to life (art. 2); freedom from torture or inhuman and degrading treatment or punishment (art. 3); freedom from slavery or forced labour (art. 4); the right to liberty (art. 5); the right to a fair trial (art. 6); freedom from retrospective criminal laws (art. 7); the right to respect for private and family life, home and correspondence (art. 8); freedom of thought, conscience and religion (art. 9); freedom of expression (art. 10); freedom of peaceful assembly (art. 11); and the right to marry and found a family (art. 12). Over the years, this initial list of rights has been expanded by a series of additional Protocols — not all of which have been ratified by all the Member States. The First Protocol, which Britain has ratified, guarantees the right to peaceful enjoyment of possessions, education, and free elections.
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Loboda, M. I. "M.P.Drahomanov about freedom of conscience and social functionality of religion." Ukrainian Religious Studies, no. 9 (January 12, 1999): 55–59. http://dx.doi.org/10.32420/1999.9.823.
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Our research is based on a rather large "library" of various works by M. Drahomanov, which contains his views on religion. Among them: Paradise and Progress, From the History of Relations Between Church and State in Western Europe, Faith and Public Affairs, Fight for Spiritual Power and Freedom of Conscience in the 16th - 17th Centuries, , "Church and State in the Roman Empire", "The Status and Tasks of the Science of Ancient History," "Evangelical Faith in Old England," "Populism and Popular Progress in Austrian Rus, Austrian-Russian Remembrance (1867- 1877)," "Pious The Legend of the Bulgarians "," The Issues of Religious Freedom in Russia, "" On the Brotherhood of the Baptist or the Baptist in Ukraine, "" The Foreword (to the Community of 1878), " Shevchenko, Ukrainianophiles and Socialism "," Wonderful thoughts about the Ukrainian national affair "," Zazdri gods "," Slavic variants of one Gospel legend "," Resurrection of Christ (folklore record) ", etc.
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Sewerynik, Jakub. "FREEDOM OF RELIGION IN THE EUROPEAN PUBLIC SPACE. REMARKS BASED ON THE LATEST CASE LAW OF SELECTED INTERNATIONAL AND NATIONAL COURTS CONCERNING RELIGIOUS SYMBOLS." Studia Iuridica, no. 96 (July 7, 2023): 318–33. http://dx.doi.org/10.31338/2544-3135.si.2023-96.16.
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The author attempts to analyse selected rulings of the European courts concerning religious symbols in order to answer the question whether freedom of religion is still respected in Europe. The analysis is based on the reflection on the context of contemporary European cultural landscape: diversity of constitutional models of particular states, the concept of neutrality in the matter of religion, and the ability of contemporary political elites and judges to understand the sphere of the sacred (sacrum). The selection criteria for the rulings have been cases concerning objects related to practising religion: (i) the hijab – an Islamic headscarf, (ii) the burqa – a garment covering practically the entire body, and (iii) the crucifix hung on a classroom wall. The review brings up important questions about lack of tolerance, pluralism and acceptance of religious diversity in contemporary Europe, and ‘reasonable accommodation’ as a possible solution.
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Babiy, Mykhailo, and Liudmyla O. Fylypovych. "Freedom of religion and Protestantism: historical and contemporary context." Religious Freedom, no. 20 (March 7, 2017): 122–27. http://dx.doi.org/10.32420/rs.2017.20.875.
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The problem of freedom of religion in the year of the 90th anniversary of the Reformation is relevant. It can not but attract the attention of researchers, experts, believers - Protestants and non-Protestants. Half a millennium of Europeans, and with them a part of Americans live in a new religious and ideological reality, which is fundamentally different from the previous one, mainly one-or two-culturally, with its diversity. And here a special role belongs to Protestantism as one of the consequences of the Reformation of 1517. By studying the Protestant foundations of faith, the life of his followers, the thoughts of his ideologues, you realize that freedom of conscience, freedom of religion is not an empty sound or abstraction, but values that are chosen and endured by Protestants. The right to profess his faith, to honor God in his own way paid for thousands of killed, persecuted, imprisoned, robbed, who did not renounce faith, did not renounce freedom of conscience. Until now, Protestants are the most consistent defenders of religious freedom, since they remember the price that had to be paid for their own convictions and religious confidences in most of Europe and America. Although the vast majority of Protestants have long been historical, and somewhere even dominant churches, they generally consistently continue to defend not only their rights, where they are violated, but also the rights of other religious minorities in countries of their historical origin and spread.
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Ferrari, Silvio. "Law and Religion in a Secular World: A European Perspective." Ecclesiastical Law Journal 14, no. 3 (August 22, 2012): 355–70. http://dx.doi.org/10.1017/s0956618x1200035x.
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This article examines two interpretations of the process of secularisation that can be traced back through European legal and political thought, and a more recent trend that challenges both of them. It does this through the prism of the public sphere, because in today's Europe one of the most debated issues is the place and role of religion in this sphere, understood as the space where decisions concerning questions of general interest are discussed. The article concludes, first, that the paradigm through which relations between the secular and the religious have been interpreted is shifting and, second, that this change is going to have an impact on the notion of religious freedom and, consequently, on the recognised position of religions in the public sphere.1
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Rautenbach, Christa. "Law and Religion in the Liberal State." Potchefstroom Electronic Law Journal 23 (November 3, 2020): 1–7. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a9130.
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This contribution reviews the book titled Law and Religion in the Liberal State, and edited by two scholars, namely Md Jahid Hossain Bhuiyan and Darryn Jensen. The book contains a collection of papers dealing with the relationship between law and religion in liberal jurisdictions such as Great Britain, Europe, Italy, the USA, Australia and India. It also contains a few contributions that explore the relationship between religious freedom and certain traditions, such as Roman Catholicism and Orthodox Christianity. It also has a contribution on the theological ideas of Roger Williams, who is regarded as the founder of the Rhode Island's colony.
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Fahlbeck, Reinhold. "Ora et Labora – On Freedom of Religion at the Work Place: A Stakeholder cum Balancing Factors Model." International Journal of Comparative Labour Law and Industrial Relations 20, Issue 1 (March 1, 2004): 27–64. http://dx.doi.org/10.54648/ijcl2004003.
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Abstract: Religious pluralism has become a fact in most European countries. So have religious manifestations and symbols in schools and at places of work, in particular non-Christian, the Muslim scarf being the most controversial case. The purpose of this article is to analyse and reflect on the extent to which it is possible to combine work and religious manifestations in Europe today. The article focuses on the 1950 European Convention on Human Rights and case law under it but discusses some national law as well. The text is problem-oriented, abstaining from providing even a cursory survey of freedom of religion under the Convention. Five areas are singled out for analysis. They all pit freedom to manifest religion against some other value, from (1) the supra-norm of democracy via (2) freedom from religion, (3) right to gender equality and (4) freedom of contract to (5) mundane norms concerning the management and running of private enterprises. The balancing of competing interests is shown often to be of a most delicate nature. To conclude, a model for resolving competing interests is presented. It involves two components: schemes (1) to determine the stakeholders and (2) to assess the character in various respects of the interests of each stakeholder.
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Hidas, Zoltán. "Európa – világi és vallási érdekeink és eszményeink tere." Vallástudományi Szemle 17, no. 1 (2021): 9–29. http://dx.doi.org/10.55193/rs.2021.1.9.
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The present study aims at delivering some crucial aspects of thinking about Europe, this subcontinent with vague geographical profiles. The starting point of my considerations is a deep contemporary sense of crisis concerning the future of our inherited world, faced with other cultural and material elements carried by migration processes. Firstly, based on Max Weber’s distinction between worldly and religious, the specific modern European culture is outlined in its differentiation of several spheres of interests and ideas (such as economy, politics, science, religion). The ideal-typical reconstruction of the modern European relation to the world, called world-dominance, reveals not only a specifically active and forming attitude but also clear signs of the presence of religion. In a second step, the main cultural and material roots of Europe are developed in their heterogenities, conflicts and combinations. Ancient Greek and Biblical traditions are prolonged, renewed and partly replaced by Enlightenment projects of freedom and sovereignty. Europe seems to be a historically singular stress-field of material and ideal factors. The self-exploring freedom, the creative productivity and the self-critical criticism of man, bound up with respectful reciprocity in the order of interdependence: these fundaments of recent European humanity cannot be harmonized with any other vision of the world.
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Kessler, Sanford. "Religious Freedom in Thomas More's Utopia." Review of Politics 64, no. 2 (2002): 207–30. http://dx.doi.org/10.1017/s0034670500038079.
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Thomas More advocated religious freedom in Utopia to promote civic peace in Christendom and to help unify his fractious Catholic Church. In doing so, he set forth a plan for managing church-state relations that is a precursor to liberal approaches in this area. Most scholars locate the origins of modern religious freedom in Protestant theology and its first mature articulation in Locke's A Letter on Toleration. This reading of Utopia shows that modern religious freedom has Catholic, Renaissance roots. The essay discusses how scholars have treated Utopian religious freedom and considers the much vexed question of whether More actually favored this principle. It also presents the historical context for More's analysis, his rationale for religious freedom, its effects on Utopian religion and politics, and More's strategy for promoting religious reform in Europe.
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Schirrmacher, Christine. "The Sharia-Based Understanding of Religious Freedom and Women's Rights in Conflict with the Secular Constitutional State." Societas Dei: Jurnal Agama dan Masyarakat 2, no. 2 (October 24, 2017): 366. http://dx.doi.org/10.33550/sd.v2i2.22.
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ABSTRACT: The areas of conflict relating to the freedom of religion and women’s rights do not affect the majority of Muslims who practice their religion in Germany and, in the process, they do not clash with the constitutional state. This is also not a matter having to do with those theologians who take their justification for comprehensive religious freedom and equal rights for women from the Koran and, respectively, other normative sources of Islam. Rather, it has to do with those influential scholars who interpret the norms and commands of Islam in such a way that conflicts arise with the laws of a secular constitutional state. These scholars defend the view that the laws of the Sharia are prior to the norms of the secular constitutional state and are obligatory for all Muslims. At the present moment, the question of freedom of religion could be virtually understood as a topic which, in largely secularized Europe and for the religiously neutral state, possesses little relevance. To what extent do inner-Islamic standpoints interest the constitutional state on the question of religious freedom? For the constitutional state, it does not concern itself with the question of evaluating a religion and its doctrinal content. This also applies with respect to Islam. There, however, where actions are justified by religious convictions, or where they follow from them or are declared to be mandatory by influential religious opinion leaders, and where these actions infringe upon established law or limit the basic rights of individuals, the state and its representatives have to concern themselves with these convictions, independent of whether these convictions are of a religious, political, or of a religious and political nature. KEYWORDS: Germany, Islam, freedom of religion, women’s rights, the constitutional state, conflicts
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Mićović, Stojan. "An Example of the Principle of Cuius Regio, Eius Religio in the 21st Century – A Test of the Right to Property and Freedom of Religion in Montenegro and the Neutrality of the State." osteuropa recht 66, no. 4 (2020): 452–82. http://dx.doi.org/10.5771/0030-6444-2020-4-452.
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The neglect of freedom of religion is relevant once again. Montenegro passed its Law on Freedom of Religion, which caused tectonic disturbances in the relations between the state and the church, prescribing the nationalization of church land and shrines, inherently challenging the legal continuity of certain religious communities and with a questionable generality, i.e. the ability to apply to all. The law provoked mass litanies of Orthodox faithful as non-violent resistance, which also received recognition by the global public. A particular facet is the aspiration of the President of Montenegro and the decades-long ruling political party to form a new, independent Orthodox Church. There is thus a unique case in 21st century Europe that a government in a secular state is officially charging itself with the reorganization of an existing church organization. This article deals with the Law on Freedom of Religion in Montenegro, its concordance with the Constitution of Montenegro and the ECHR, and also analyzes the relationship between Montenegrin religious policy and the principle of state neutrality, as an indispensable principle of modern regulation of the church-state relations, bearing in mind the legislation and political situation in Montenegro until August 30, 2020.
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Tokrri, Renata. "The Crucifix in State Schools in Italy, Victim of Globalization, between Freedom of Religion and Freedom of Education." Journal of Educational and Social Research 11, no. 3 (May 10, 2021): 175. http://dx.doi.org/10.36941/jesr-2021-0061.
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The interest to analyse the phenomenon of the exposure of religious symbols, particularly of the crucifix, in state schools in Italy and the principle of secularism, derives from the cultural and constitutional peculiarities that this system presents, as a consequence of the historical and cultural events that have influenced its ordering. First of all, it must be pointed out, as indeed it is evident, that Catholicism was the dominant faith for about two thousand years, and until recently, almost the only one. The Catholic religion has crossed the entire history of the country, penetrating and intertwining with the socio-cultural dynamics. For this reason, the Italian constitutional history has been crossed by the principle of tolerance. The latter can be considered clearly out-dated only with the Republican Constitution of 1948, thus the legal system emptied itself of its confessionalism. The last few years, as a result of strong migratory flows, the religious-cultural landscape, not only in Italy, but throughout Europe it seems to have changed. Other cultures have brought their own customs, languages and religions like a wave. Thus we are witnessing an extraordinary social, economic and juridical transformation. In this multicultural mosaic, the clash between civilizations could not be missing. Minorities have in many cases felt they were discriminated against, bullied and offended by the display in public buildings (schools, courtrooms, hospitals, etc.) of the symbol par excellence of Christianity, namely the crucifix, arousing the protest of parents of different faiths. All this has produced legal conflicts and jurisprudential rulings that have involved the European Court of Human Rights itself. This discussion aims to analyze from a socio-juridical point of view, the consequences of religious symbology external to educational institutions and to be able to give a juridical truth, stripped of religious indoctrination. This path will not be easy since every element inherent to religion touches delicate aspects, linked in particular with what is most profound in the people and culture of a country.
Received: 2 March 2021 / Accepted: 14 April 2021 / Published: 10 May 2021
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Sacksofsky, Ute. "Ernst-Wolfgang Böckenförde's Oeuvre on Religious Freedom Applied to Recent Decisions of the European Court of Human Rights." German Law Journal 19, no. 2 (May 1, 2018): 301–20. http://dx.doi.org/10.1017/s2071832200022707.
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In Europe, issues concerning religious freedom are hotly debated. Many courts had to consider cases concerning infringement of religious freedom. This Article will focus on three examples: Headscarves, burqas, and crucifixes. Often, the interests of members of minority religions have lost in European courts and European constitutional courts. This is particularly true considering the decisions of the European Court of Human Rights. The European Court of Human Rights upheld bans on headscarves for students in universities and public secondary schools, as well as for teachers in public schools. The Court also accepted bans on full-body veils worn in public areas. Finally, mandatory crucifixes in public schools have been deemed to conform to the standards set by the European Convention on Human Rights. In all of these cases, the European Court of Human Rights has not adequately construed religious freedom as a strong right.This is where the work of Ernst-Wolfgang Böckenförde comes in. Böckenförde has thoroughly discussed the proper role of religion in a democratic society. Coming from a theoretical starting point, he developed an understanding of religious freedom as a strong right. He also explained why State neutrality should be understood in terms of open neutrality. Both perspectives help to more fully explain the scope of religious freedom.
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Huda, Nurul, Arqom Kuswanjono, and Agus Himmawan Utomo. "REDEFINING THE MEANING OF FREEDOM IN LIBERAL THEOLOGY AND LIBERATION THEOLOGY, AND ITS IMPLEMENTATION IN RELIGIOUS LIFE." Khazanah: Jurnal Studi Islam dan Humaniora 21, no. 1 (July 31, 2023): 1–24. http://dx.doi.org/10.18592/khazanah.v21i1.8759.
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The concept of freedom in historical settings is often regarded as the primary catalyst for the rise and fall of civilizations. In ancient Greece, freedom was deemed to have played a crucial role in propelling Greek civilization to its zenith. The dark ages of Europe were similarly perceived as a period of diminished freedom due to the dominance of the church. However, the emergence of the Renaissance and modern era marked a resurgence of freedom, reminiscent of the values prevalent during the ancient Greek period, characterized by secular principles. Religious values were considered incompatible with modernity. Nevertheless, in a religious society, the essence of freedom lies in the most fundamental realm, namely theology. This article aims to explore how freedom is evident in the attributes of God, the life of Jesus, and the Bible within the context of liberal and liberation theology. Both of these theological perspectives signify a profound shift in religious attitudes, moving away from dogmatism and excessive conformity to orthodoxy, towards a more critical and progressive outlook. Liberal and liberation theology present a responsive depiction of religion, advocating for and fighting alongside human freedom, thus ensuring that religion remains relevant and problem-solving. While liberal theology endeavors to vocalize freedom to bridge the gap between faith and modern sciences, liberation theology strives for human freedom from all forms of discrimination and marginalization. Despite their apparent similarities, they diverge in their interpretation of freedom, leading to distinctions in the practical realm and religious practices.
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Drozdowicz, Zbigniew. "Jakobińska wolność opresyjna." Humaniora. Czasopismo Internetowe 43, no. 3 (October 12, 2023): 27–40. http://dx.doi.org/10.14746/h.2023.3.2.
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The advice of oppressive freedom in Western culture dates back to ancient times, including those principles of democracy that were implemented in Greek city-states. It changed forms of expression together with Christianity gaining the position of the dominant religion. However, this Christianization over the centuries encountered such unbelievers or infidels who were not willing to subscribe to the Christian conviction that surrendering to the slavery of God and the Church representing Him on earth is the best way to free oneself from various sins. In the 16th and 17th centuries, attempts were made to justify oppressive freedom with earthly needs. In the eighteenth century, however, such social forces came to the fore, which, regardless of the existing beliefs, implemented its form, which in the final phase was primarily terror. It was Jacobin oppressive freedom. Later, various political forces in Western Europe distanced themselves from it, but in Eastern Europe they added their card to it under the title – communist terror.
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Arlettaz, Fernando. "Conscientious Objection in the Council of Europe." International and Comparative Law Review 13, no. 2 (December 1, 2013): 27–50. http://dx.doi.org/10.1515/iclr-2016-0069.
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Abstract The Parliamentary Assembly and the Committee of Ministers of the Council of Europe have been promoting the recognition of conscientious objection, mainly for military service but also in other domains, since the 1960s. However, for more than fifty years the precedents of the European Commission and the European Court of Human Rights repeatedly denied that conscientious objection could be found implicit in article 9 of the European Convention on Human Rights. In 2011 the Court changed its standpoint and energetically affirmed that conscientious objection, at least for military service, is a derivation of freedom of conscience and religion, and that European states are thus bound to incorporate it to their internal legislations.
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Fejes, Zsuzsanna. "Book review: Christianity and human rights. Perspectives from Hungary. Edited by András Koltay." Pro Publico Bono - Magyar Közigazgatás 9, no. 2 (November 24, 2021): 150–61. http://dx.doi.org/10.32575/ppb.2021.2.8.
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Christianity has played a crucial role in building and maintaining civilisation and cultures in Europe until this very day. People living on the continent share the legacy of antiquity and Christianity in balance, while respecting the values of religion and still maintaining neutrality in their constitutional systems. This causes the question to stand, whether Christianity still is a part of European culture, and if so, in what religious, political or cultural ways.All these questions are examined in the volume, which incorporates 16 studies of various authors. Essays show clearly that not only the merge of different cultures, disputes of interests, the connection between law and religion, but also and mainly the ideas of Christianity are all special legal theories and questions waiting to be examined.Even though the various academics contributing to this volume have their own individual concepts and different views, most of the studies concentrate on problems and questions of basic freedoms, such as human dignity, freedom of speech and religious freedom. As it is stated by the Editor in the foreword, all 16 studies are written in English by academics from different research institutes all over Hungary, also easily accessible internationally, inviting researchers to contribute to this international scientific debate.
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Foblets, Marie-Claire. "Islam under the Rule of Law in Europe: How Consistent Is the Human Rights Test?" Religions 12, no. 10 (October 12, 2021): 857. http://dx.doi.org/10.3390/rel12100857.
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This contribution draws attention to human rights as an instrument of justice to deal with requests that are either made directly or may prove indirectly to be relevant to Muslims who claim the protection of freedom of religion and faith in contemporary European societies. The analysis is distributed over two distinct but complementary illustrations of such claims. The position defended here is that the key to a successful multicultural society lies in enabling adherents of all religions and beliefs, and thus also Muslims, to participate to the same extent, fully and actively, in social life, both as citizens and as private individuals. The challenge lies in finding the balance between looking after the interests of the majority society and meeting the needs and wishes of minority groups and communities, including those communities that are perceived to be ‘new’.
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Hensel, Silke. "People Love Their Religion: Political Conflict on Religion in Early Independent Mexico." Religions 12, no. 1 (January 16, 2021): 60. http://dx.doi.org/10.3390/rel12010060.
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Global histories commonly attribute the secularization of the state exclusively to Europe. However, the church state conflict over these issues has been an important thread in much of Latin America. In Mexico, questions about the role of religion and the church in society became a major political conflict after independence. Best known for the Mexican case are the disputes over the constitution of 1857, which laid down the freedom of religion, and the Cristero Revolt in the 1920s. However, the history of struggles over secularization goes back further. In 1835, the First Republic ultimately failed, because of the massive protests against the anticlerical laws of the government. In the paper, this failure is understood as a genuine religious conflict over the question of the proper social and political order, in which large sections of the population were involved. Beginning with the anticlerical laws of 1833, political and religious reaction in Mexico often began with a pronunciamiento (a mixture of rebellion and petitioning the authorities) and evolved into conflicts over federalism vs. centralism.