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Dissertations / Theses on the topic 'Freedom of religion Indonesia'

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Author: Grafiati

Published: 10 December 2022

Last updated: 29 January 2023

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1

Munjid, Achmad. "Building a Shared Home: Investigating the Intellectual Legacy of the Key Thinkers of Inter-Religious Dialogue in Indonesia." Diss., Temple University Libraries, 2014. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/290756.

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Religion
Ph.D.
How does inter-religious dialogue in Indonesia transform and being transformed by the New Order authoritarian regime in the creation of a strong civil society and a religiously plural and democratic country? By discussing the politicization of religion and mobilization of religious communities by the New Order regime to fight against the Communists in the wake of the 1965 tragedy as the background, this dissertation seeks to analyze the anatomy of inter-religious relations in the country, including its historical roots, pivotal events, enduring issues and consequential development in the later period. The discussion is placed in a wider theoretical context on the role of religion in public life. Based on the analysis of topical biography, academic works, media reports and other reliable unpublished documents as the main sources, the dissertation investigates the intellectual legacy of four selected key thinkers in the field of inter-religious dialogue. It critically discusses the complex interplay between religion and politics in particular relation to such issues as religious pluralism, religious tolerance, exclusivism, human rights, freedom of religion, legal discrimination, and minority-majority relations. It highlights why and how the contesting discourse within a particular religious community about other group, between different religious communities, especially the Muslims and the Christians, as well as between religious communities and the regime move toward certain direction in particular context and then move towards the opposite direction in other context. Despite the wide spread conflict towards the end of the New Order regime and during the 2000s, the dissertation proved that inter-religious relations in Indonesia in general developed from antagonism to more dialogical relations over the period. The four selected key thinkers of inter-religious dialogue and their intellectual legacy demonstrated how religion could make fundamental contribution in the creation of democracy in a religiously plural society.
Temple University--Theses

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2

Mursalin, Ayub. "Les restrictions à la liberté de religion et de conviction en Indonésie : genèse et enjeux contemporains de la loi anti-blasphème de 1965." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLS151.

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Cette thèse propose une lecture juridique, politique et sociale de l’application de la loi anti-blasphème de 1965 dans le plus grand pays musulman du monde, l’Indonésie. Plusieurs controverses sont apparues ces dernières années concernant la nature de la loi sur le blasphème dans la vie religieuse de la société démocratique indonésienne ; cette loi correspond-elle à la prévention des abus en matière de religion et/ou de blasphème, comme il est mentionné explicitement dans son titre, ou bien concernerait-elle plutôt la restriction de la liberté de religion et d’expression en matière religieuse ? En avril 2010, après le procès contrôlant la constitutionnalité de cette loi, une décision de la Cour constitutionnelle indonésienne a établi que la loi examinée ne correspondait pas à cette seconde lecture. Si cette loi a bien pour objectif de restreindre la liberté de religion ou d’expression en matière religieuse, selon la Cour, cela ne signifie pas que cette forme de restriction est inconstitutionnelle dès lors que la Constitution de 1945 en vigueur s’accompagne d’une restriction légale au respect ou à la sauvegarde des valeurs religieuses en particulier, à côté de la moralité, de la sécurité et de l’ordre public. Toutefois, les débats et les tensions au sein de la société concernant l’application de cette loi perdurent sans relâche. Les défenseurs des droits de l’homme maintiennent que l’existence d’une telle loi anti-blasphème est contraire à l’esprit de la démocratie. En revanche, les défenseurs de la censure religieuse s’obstinent à affirmer que cette loi est nécessaire pour éviter les conflits religieux. À travers une analyse de son contenu juridique et de sa mise en application, nous considérons que la loi anti-blasphème de 1965 a visé en premier lieu à entraver le déploiement des courants de croyance spirituelle locale ou des courants mystiques javanais qui, dans une certaine mesure, sont considérés par les musulmans en particulier comme une menace pour les religions existantes et pour la désintégration du pays. Dans un second temps, nous verrons que l’existence de ladite loi est davantage destinée à restreindre le nombre des religions reconnues par l’État d’une part, et à réprimer les courants religieux « dissidents » ou « hétérodoxes » d’autre part. Si les actes jugés comme blasphématoires, parmi lesquels figure la diffusion d’interprétation religieuse « déviantes » de l’orthodoxie, sont des infractions sanctionnées, ce n’est pas la loi anti-blasphème de 1965 qui sert de référence, mais l’article 156a du Code pénal qui trouve son origine dans ladite loi. Ainsi, la loi anti-blasphème de 1965 est plutôt utilisée pour restreindre la liberté de religion et de conviction au sens large, alors que l’article 156a du Code pénal est chargé de limiter la liberté d’expression en matière religieuse. En Indonésie comme ailleurs, le renforcement de l’application de la loi anti-blasphème va de pair avec l’émergence des groupes religieux radicaux qui veulent voir triompher leur conception totalitaire d’une liberté d’expression bridée par le respect de la foi religieuse. Ces derniers utilisent de cette loi non seulement à des fins religieuses, mais également à des fins politiques, notamment celle déstabiliser un régime « laïque » ou bien d’étendre leur influence. L’objectif de cette thèse est non seulement d’analyser la nature de la loi anti-blasphème de 1965, mais aussi de proposer une perspective alternative pour aborder les conflits juridiques en Indonésie concernant les deux droits fondamentaux, à savoir le droit à la liberté de religion et le droit d’expression. La thèse vise alors la prévention des conflits juridiques en la matière et ainsi qu’à trouver un équilibre entre les libertés concernées
This thesis proposes a legal, political and social reading of the application of the blasphemy law in the largest Muslim country in the world, Indonesia. Several controversies have emerged in recent years regarding the nature of the blasphemy law in the religious life of the Indonesian democratic society. For instance, disagreement remains with regards to the intent of this law, i.e., whether it really aims at preventing misuse of religion and/or acts of blasphemy, as explicitly mentioned in its title, or whether it intends to restrict the freedom of religion and religious expression. In April 2010, after the examination of the constitutionality of this law, the Indonesian Constitutional Court ruled out the second possibility. The court further argues that even if the law has an unintended effect of restricting the freedom of religion or religious expression, it is not against the constitution since the 1945 Constitution is accompanied by a legal restriction to respect or preserve religious values in particular, as well as morality, security and public order. However, the debates and tensions within society regarding the implementation of this law continue unabated. On the one hand, human rights defenders persist in saying that the existing anti-blasphemy law is contrary to the spirit of democracy. On the other, defenders of religious censorship persist in resisting that this law is necessary to avoid religious conflicts. Through an analysis of legal content and its implementation, I argue that the blasphemy law of 1965 initially aims to hinder the development of the local spiritual belief stream or Javanese mystical groups, which to some extent are considered by Muslims in particular as a threat to existing religions and a source of disintegration of the country. Further, I maintain that the existence of the above-mentioned law has the tendency to restrict the number of religions officially acknowledged by the State and to repress “dissident” or “heterodox” religious movements. If acts considered blasphemous, including the "deviant" religious interpretation of orthodoxy, are punishable offenses, it is not the anti-blasphemy law of 1965 that serves as a reference, but the article 156a of the Penal Code, which has its origin in that blasphemy law does. As a consequence, the blasphemy law of the 1965 is rather used to restrict the freedom of religion and belief in the broad sense, while article 156a of the Penal Code is applied to limit the freedom of religious expression. In Indonesia, as elsewhere, the strengthening of the application of the blasphemy law goes hand in hand with the emergence of radical religious groups intend to promote their totalitarian concept of freedom of expression restrained by respect for the religious faith. The latter make use of this law not only for religious reasons, but also for political reasons, including destabilizing a secular regime or extending their influence. The thesis does not only aim to analyze the nature of the blasphemy law of 1965, but also to propose an alternative perspective in understanding and solving the problem of the legal conflicts in Indonesia pertaining to the two fundamental rights, namely the right to freedom of religion and expression. The thesis also seeks to find a balance between two freedoms and to propose preventive measures that can be adopted in the aforementioned legal conflicts

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Neff, Pamela S. "Freedom of Religion or Freedom from Religion? The New Laicite in France." Kent State University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=kent1351638370.

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4

Burlando, Giannina L. "Suarez on soul, will, and freedom /." The Ohio State University, 1994. http://rave.ohiolink.edu/etdc/view?acc_num=osu148784889151255.

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5

Lee, Yu-Jung. "Human rights in China : freedom of religion and freedom of movement compared." Thesis, University of Essex, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.423447.

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6

Petty, John A. "Securing soul freedom as a Baptist distinctive cultivating appreciation and preservation of soul freedom in the local church /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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Jurgens, Hishaam. "Investigating the conflict between freedom of religion and Freedom of expression under the South African constitution." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4099.

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Magister Legum - LLM
This mini-thesis is based on the presumption that the Danish cartoons and the anti-Muslim clip posted on YouTube as forms of expression, ridiculed the religious beliefs and practices of Muslims which in turn affected the exercise of religious freedom as it violated the dignity of the bearers of the right to freedom of religion and therefore a conflict between the right to freedom of religion and freedom of expression exists. The above incidence of conflict between the right to freedom of religion and freedom of expression involves infringing the freedom of religion of the Islamic community. Blasphemy in Islam is speech that is insulting to God, but during the course of Muslim history it has become increasingly linked with insult to the Prophet Muhammad. In Islam the depiction of the Prophet Muhammad in any way is strictly forbidden and is considered blasphemous.

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8

Cunningham, Heather. "The Great Awakening and religious freedom." Morgantown, W. Va. : [West Virginia University Libraries], 2002. http://etd.wvu.edu/templates/showETD.cfm?recnum=2606.

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Thesis (M.A.)--West Virginia University, 2002.
Title from document title page. Document formatted into pages; contains iii, 100 p. Includes abstract. Includes bibliographical references (p. 98-100).

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9

Gunn, Torri Kenneth. "Defining Religion with Chinese Characters: Interrogating the Criticism of the Freedom of Religion in China." Thèse, Université d'Ottawa / University of Ottawa, 2011. http://hdl.handle.net/10393/19878.

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This thesis seeks to explore the points of dissonance and resonance around the understanding and deployment of the term 'religion' between Human Rights Watch, and the government of the People's Republic of China. In doing this, it is highlighted that a fundamental disjunction exists in the meaning of, and the boundaries of, the word 'religion' between these two groups. The space that this difference creates makes discussions on religion and religious freedom between these two groups extremely problematic, primarily because Human Rights Watch seeks to protect the right to religious freedom of groups and individuals that the Chinese government does not consider ‘religion’, but that Human Rights Watch demands they should. This thesis addresses the question of the role of social and cultural relativism in the defining, and the subsequent role in defending, of the term and contents of 'religion'.

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10

Neoh, Weng Fei Joshua. "Law, love and freedom." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285411.

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How does one lead a life of law, love and freedom? This inquiry has very deep roots in the Judeo-Christian tradition. Indeed, the divergent answers to this inquiry mark the transition from Judeo to Christian. This dissertation returns to those roots to trace the routes that these ideas have taken as they move from the sacred to the secular. The argument of this dissertation is threefold. First, it argues that the concepts of law, love and freedom are each internally polarized. Each concept contains, within itself, conflicting values. Paul's equivocation in his letters is a striking manifestation of this internal polarization. Second, it argues that, while values are many, my life is one. Hence, one needs to combine the plurality of values within a singular life. Values find their coherence within a form of life. There are, at least, two ways of leading a life of law, love and freedom: monastic versus antinomian. Third, it argues that the Reformation transformed these religious ideals into political ideologies. The monastic ideal is politically manifested as constitutionalism, and the antinomian ideal is politically manifested as anarchism. There are, at least, two ways of creating a polity of law, love and freedom: constitutional versus anarchic. To mount the threefold argument, the dissertation deploys a whole range of disciplinary tools. The dissertation draws on analytic jurisprudence in its analysis of law; ethics and aesthetics in its analysis of love; political philosophy in its analysis of freedom; biblical scholarship in its interpretation of Paul; the history of ideas in its study of the formation and transformation of these ideas; and moral philosophy in concluding how one could lead a life of law, love and freedom.

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Christie, David Osborne. "Bible and sword : the Cameronian contribution to freedom of religion." Thesis, Link to the online version, 2008. http://hdl.handle.net/10019.1/1077.

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12

Scolnicov, Anat. "Freedom of religion or belief : group right or individual right?" Thesis, London School of Economics and Political Science (University of London), 2006. http://etheses.lse.ac.uk/1925/.

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Freedom of religious and belief is a recognized right in international law. In order to understand, interpret, develop and implement this right, it is important to go back and analyse the fundamental reasoning behind this right. Freedom of religion and belief is a contradictory right: a freedom for self-constraint. It is a double-sided right, a right of expression and a right of identity, two aspects related to individual and group perceptions of this right. Therefore, this right must be understood through a conflict between competing conceptions of individual and group rights. International law should protect the religious freedoms of individuals, and should protect groups only as derivative from the rights of individuals, and never in contravention of them, and generally does so. Current tendencies towards recognising group rights raise concerns, highlighting the importance of this determination. The conceptual analysis of the right serves as a critical tool for discussion of specific conflicts of rights regarding religious freedom, in different area of legal regulation. Different state constitutional structures concerning religion have important implications for analysis of the group/individual conflict. A categorization of constitutional arrangements shows that each presents problems for guaranteeing religious freedom. The constitutional analysis shows religions have public characteristics, and so must abide by human rights norms. The recognition of group rights compromises state neutrality, central to liberal theory. Whatever their constitutional arrangement, states must allow participation in religious communities while protecting individual rights. Particular conflicts are analysed: A conflict between group and individual rights exists between community religious autonomy and women's rights. While international law has been decisive in mandating supremacy of individual rights in this conflict, it has not addressed some of the root causes undermining women's individual rights. Children's religious freedom, in conflict between state, religious group, family, and child, has not always been amply protected in international law, due to absence of differentiation between group and individual interests. Lastly, use of speech by individuals directed against, or in conflict with, religious groups, such as blasphemy, proselytism or hate speech, is addressed. Discussion of these conflicts examines difficulties created, and shows that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, ultimately only an individualistic approach of international law is a coherent way of protecting religious freedom as a human right.

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Taylor, Paul M. "Freedom of religion : a critique of universal and European standards." Thesis, University of Nottingham, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.421493.

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Kiviorg, Merilin. "Freedom of religion or belief : the quest for religious autonomy." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:6c5916d8-d69d-4f2d-91e5-a5586f8abd4b.

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In this thesis it is argued that while the concept of freedom of religion or belief itself is opaque and difficult to define, the right to religious freedom must contain certain basic factors – most importantly the right to individual (religious) autonomy. The individual autonomy approach is seen here as providing the necessary rationale for the protection of freedom of religion or belief. This rationale is not cemented in stone in the practice of the Convention and this has caused the Court to lose its focus on individual freedom. It is a dangerous tendency. It allows the focus to be placed on the role of the State and leaves freedom of religion or belief to be heavily affected by politics and fluctuating social attitudes. In this regard, this thesis looks for the meaning and scope of individual and collective religious autonomy and how it is and ought to be represented in the practice of the European Court of Human Rights. It is the aim of the author to contribute to a clearer and more principled understanding of Article 9 of the ECHR. The right to individual autonomy is thought to be able to provide the necessary focus for the European Court of Human Rights in creating a more robust framework for the protection of freedom of religion or belief different from current Court practice which shows inconsistency in its reasoning and theoretical chaos. This lack of clarity has also contributed to freedom of religion or belief being a relatively weak right. It is explored here as to how the principle of autonomy (as developed in this thesis) relates to other principles provided by the Court, namely the principle of State neutrality, pluralism and the effective protection of rights, but also the margin of appreciation and the autonomy of religious communities. The individual autonomy centred theoretical framework in the first part of the thesis will be engaged to analyse the conflict in the triangle of state-individual-community explored in the second part.

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Kenning, Douglas W. "A failed religion : necessity and freedom in the Romantic poets." Thesis, University of Edinburgh, 1989. http://hdl.handle.net/1842/19007.

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Gilbert, Howard J. "The right to freedom of belief : a conceptual framework." Thesis, University of Essex, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.327069.

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Desmarais, Gabrielle. "Religion Drag: The Relevance of “Critical Religion” and Queer Theory to Canadian Law and Religious Freedom." Thèse, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/30438.

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This dissertation analyses the use of the word “religion” in Canadian law and theorises the consequences of its use for the legal protection of religious movements in Canada. Chapter One establishes the problems of the word “religion” in academic discourse by providing an overview of work in the field of critical religion. This dissertation considers whether the critiques of the term “religion” by scholars working within critical religion are equally relevant when considering the role of religion in human rights law. Chapter Two turns an investigative eye toward Canadian case law using the word “religion”, from Chaput v Romain (1959) to Alberta v Hutterian Brethren of Wilson Colony (2009). The analysis highlights how the use of “religion” in Canadian law does indeed reflect academic concerns. Chapter Three uses queer theory to speculate the consequences of an unstable concept of religion for the protection of religious freedom, especially as it pertains to new religious movements. Judith Butler’s notions of performativity and drag are applied to theorise the performance of “religion” and its outcomes. Some suggestions for how to proceed conclude the dissertation.

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Effendy, Bahtiar. "Islam and the state : the transformation of Islamic political ideas and practices in Indonesia /." The Ohio State University, 1994. http://rave.ohiolink.edu/etdc/view?acc_num=osu148785931334577.

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Wan, William Kok-Tang. "The impact of the Canadian Charter of Rights and Freedoms on religious freedom." Thesis, University of Ottawa (Canada), 1989. http://hdl.handle.net/10393/5720.

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20

Rodgers, Richard Mason. "What price for press freedom? : the Australian media's relationship with the Philippines, Malaysia and Indonesia /." Title page and contents only, 1990. http://web4.library.adelaide.edu.au/theses/09AR/09arr6912.pdf.

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21

Mundayat, Aris Arif, and risrif@yahoo com au. "Ritual and politics in new order Indonesia : a study of discourse and counter-discourse in Indonesia." Swinburne University of Technology, 2005. http://adt.lib.swin.edu.au./public/adt-VSWT20051129.093517.

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This thesis will examine the more active role played in Java by the urban wong cilik (the underclass; literally, the 'little people') in contesting the state�s authority, particularly during the later years of the New Order regime, and following its demise in 1998. I will provide examples of social practices employed by the wong cilik in their everyday lives and in their adaptation to periods of significant social and political upheaval. These demonstrate the ways in which they are able to contest the state�s efforts to impose its authority. These practices also develop and employ a variety of subversive discourses, whose categories and values diverge significantly from the official language of government. The examination of the relative linguistic, cultural and normative autonomy of the seemingly powerless underclass reveals an extremely contested political terrain in which the wong cilik are active rather than passive agents in urban society. These ideas have developed out of urban field research sited around warungs (sidewalk food stalls), urban kampongs and in the city streets of the three Javanese cities of Yogyakarta, Surabaya, and Jakarta. These urban social spaces will be shown to be significant for the underclass because they constitute sites through which they constantly interact with diverse social groups, thereby sharpening their knowledge of the contradictions and feelings of otherness manifest between the classes in Java�s large cities. It will be shown how, in these spaces, the underclass also experience the state�s attempts at control through various officially sanctioned projects and how the underclass are able to subvert those projects through expressive means such as songs, poems and forms of mockery which combine to make the state�s dominant discourses lose much of their efficacy.

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Taliaferro, B. Dale. "A study of Christian liberty including a suggested curriculum for teaching the study in a local church." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

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Evans, Carolyn. "Freedom of religion or belief under the European Convention of Human Rights." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313453.

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Dalzell, Victoria Marie. "Freedom, Margins and Music| Musical Discourses of Tharu Ethnicity in Nepal." Thesis, University of California, Riverside, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3731835.

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The Tharu are reportedly the fourth largest minority group in Nepal. Yet despite their numerical strength, their social experience in modern Nepal largely consists of marginalization. A culturally and linguistically diverse people indigenous to the flat, southern Terai region of Nepal, the Tharu have claimed an ethnic group identity in the past sixty years in light of their shared geographic location and state exploitation, as well as the rise of ethnic politics in Nepal. I examine how performance practices and musical experiences are central to the Tharu’s group identity formation. First, I examine how the Tharu combat their social exploitation largely through musical means. I focus on the role of sociomusical practices in community ritual, its transformation through folkloricization, and extension as tools for activism. The cultural significance of these practices shift as the Tharu come into contact not only with Nepal’s changing political, social and economic scenes, but also paradigms of global indigenism and human rights. However, even as a marginalized people, the Tharu have their own internal politics. Second, I examine how musical practices are locations for productive friction within Tharu communities. Musical performances constitute intense community negotiation and contestation concerning Tharu womanhood and religious identity, and are places where the Tharu produce situated knowledge about development and modernity. While not ignoring political, historical, and global frameworks, my focus on sociomusical practices brings attention to how an ethnic identity is generated and embodied on a local level.

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Johnson, James Benson II. "Academic freedom and the Southeastern Baptist Theological Seminary experience, 1979-1989." W&M ScholarWorks, 1994. https://scholarworks.wm.edu/etd/1539618388.

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As fundamentalist-conservatives pressed their agenda in Southern Baptist Convention life, and, in particular, as they assumed a majority on the board of trustees of Southeastern Baptist Theological Seminary in Wake Forest, North Carolina, the academic freedom of the Southeastern faculty became an issue. Concerns enunciated by Robert M. MacIver (1955) provide reference points in responding to the inquiry: "Was the academic freedom of the faculty violated at Southeastern Baptist Theological Seminary?" While a prologue and epilogue are offered, the study parameters of the Southeastern Seminary experience are 1979 to 1989. The study concludes that academic freedom was compromised in this case. The following areas were identified: the ability of the faculty to investigate in their fields, draw conclusions, and share their knowledge and skills with freedom; the censorship of the faculty as a collect, as well as some individual members; indirect curbs to faculty mobility; the manipulation of tenure and status conditions of the faculty to insure conformity to religious principles; and, institutional policies and procedures which impinged on academic freedom.

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Aelion, David Maurice. "Freedom of religion : a case study of the Church of Lukumí Babalú Ayé v. City of Hialeah." FIU Digital Commons, 2010. http://digitalcommons.fiu.edu/etd/1105.

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This thesis attempted to explain society's worldview of Santeria and its practice of animal sacrifice, and the breakdown between the federal and local government after a 1993 Supreme Court ruling affirming their right to engage in this sacred ritual. Santeria practitioners are harassed and prosecuted for exercising their right to practice animal sacrifice. The research was intended to present the cosmology of the Lukumi tradition, the intellectual framework explored, a review of Freedom of Religion and the case of Lukumi v. Hialeah, and finally the media's role in shaping the worldview of Santeria that have perpetuated this breakdown. The thesis consisted of 87 research items, a community survey, interviews, a Santeria divination, and review of case law, books,newspaper and online journals. These findings demonstrated that freedom of religion is not so free in the U.S., and exists only to the extent the media and municipal laws choose to allow.

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27

Lenaghan, Patricia Michelle. "The right to freedom of religion in the public domain in South Africa." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9062_1363775015.

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Within the context of South Africa&lsquo
s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights.
The universality and indivisibility of human rights are challenged by this diversity and consequently implies that standards, concepts and structures for implementation have to be reconsidered.
International and national standards are being (re)interpreted and attention is not only focused on the contents of the norms but on the limitations imposed thereupon. The debate on whether limits should be set in permitting or accommodating cultural or religious pluralism is becoming extremely relevant. The manner in which these questions are responded to
is even more prominent in the light of our history of apartheid which has disregarded respect for religious and cultural diversity. In the scope of this research emphasis will be placed on the
right to freedom of religion and in particular the limitation of the right to religion in an attempt to balance conflicting rights and accommodates religious diversity. The right to freedom of religion
albeit constitutionally entrenched is subject to reasonable and justifiable limitations. However, no clear guidelines have been formulated on the criteria for limiting the right to freedom of
religion. The main aim of this research is to find guiding criteria to facilitate the imposition of limitations on the right to freedom of religion. The limitations of the right to freedom of religion are
interrelated with the following research questions: Firstly, the definition afforded to the right to freedom of religion in accordance with national and international standards
secondly, the relationship between culture and religion and any interconnection that exists between these rights. This is followed by the influence of the particular value framework or normative commitments
f the judiciary on the interpretation of the right to religion, as well as the relationship between the state and religion. The above issues will be researched both on a national and
an international level. The aim is to conduct research that will build on an appreciation of the guidelines that should be employed in ensuring the protection of the right to freedom of religion. To this end comparisons will be drawn with other legal
systems, which on the one hand acknowledge the protection of the right to freedom of religion and on the other hand have to find ways in which the right can be balanced in the event of conflict. It is envisaged that the research of the criteria imposed on the limitation of the right to religion both on a national and an international level will assist in suggesting criteria that will influence
scholarly debate on the topic. In addition that this debate will allow for the formulation of a transformative approach within the South African context that sanctions the celebration of diversity in all
its aspects and in particular the right to freedom of religion.

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Bundzen, Anna, and Maria Jakobsson. "Religion at Work : The freedom to practice and manifest your religion at a workplace according to article 9 ECHR." Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-9093.

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Wilcox, Graham James. "Freedom and authority in Church and society : Maude Dominica Petre 1863-1942." Thesis, University of Birmingham, 2010. http://etheses.bham.ac.uk//id/eprint/805/.

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Maude Petre is a somewhat neglected figure mentioned today chiefly in regard to her association with the Catholic Modernist, George Tyrrell. The aim of the thesis will be to strive to retrieve her from this neglect by showing that she was a significant figure in her own right with a substantial body of published work. Attention will be given in particular to her writings in the later years of her life in which little interest has hitherto been shown. The thesis will endeavour to trace her main ideas as expressed in her published works and see how they developed over the course of her long life. The issue of authority and liberty in Church and society will be highlighted as one of the dominant themes of her writing. Her life and thought will be placed in the context of her age and its many changes both in Church and society and her writings will be related to the events of her own life as recorded in her own diaries. An attempt will be made in conclusion to evaluate the wider significance of her life and thought.

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Malcolm-Woods, Rachel Matthews Donald Henry Dunbar Burton L. "Igbo talking signs in antebellum Virginia religion, ancestors, and the aesthetics of freedom /." Diss., UMK access, 2005.

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Thesis (Ph. D.)--Dept. of Art and Art History and Dept. of History. University of Missouri--Kansas City, 2005.
"A dissertation in art history and history." Advisors: Donald Matthews and Burton Dunbar. Typescript. Vita. Title from "catalog record" of the print edition Description based on contents viewed June 26, 2006. Includes bibliographical references (leaves 263-283). Online version of the print edition.

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Ramsay, Zara. "The politics of emptiness : religion, nonviolence and sacrifice in the Tibetan Freedom Movement." Thesis, University of Portsmouth, 2015. https://researchportal.port.ac.uk/portal/en/theses/the-politics-of-emptiness(058910d1-e389-455a-8015-96b2260d0b22).html.

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This thesis has two categories of contribution, the first of which is theoretical, while the latter may be considered practical or applied. The thesis makes theoretical contributions both to nonviolence theory and to the field of Girardian studies. With regard to the former, the thesis challenges entrenched categorisation methods within nonviolence research that risk homogenising the movements under study. In demonstrating how Girardian theory can provide one additional analytical angle from which to view and understand nonviolent movements, it is argued that our analyses of these movements needs to be broadened still further. The thesis also contributes to Girardian theory directly by challenging its most problematic element: Girard’s insistence on the primacy of Christianity. By bringing Girard’s ideas into conversation with Tibetan Buddhist philosophy, this particular aspect of his thought is challenged, thereby making the rest of his corpus more accessible (and more acceptable) to a multicultural audience. Additionally, while Girard himself has very little to say about how his own style of nonviolent ideals might actually be pursued in the contemporary world, this thesis offers an original example of how his goals have been realised in a real-life political (and non-Christian) situation: the Tibetan freedom movement. Thus, the thesis aims to expand the range of Girard’s applicability by thinking about how his ideas could inform our understandings of contemporary political activity for Tibet. Further to this, the applied aim of this thesis is to illuminate the internal dynamics of the Tibetan freedom movement. Although this movement has a strong collective identity, I seek to reveal internal disparities that may be preventing it from achieving positive results. My research in McLeod Ganj, a Tibetan refugee settlement in northern India, shows that members of the refugee population generally have strong opinions about what constitute acceptable nonviolent methods in their freedom movement, and believe that these are in confluence with the philosophy of the Dalai Lama, their traditional temporal and spiritual leader. However, through the application of Rene Girard’s analytical perspective, this thesis reveals a fundamental (and generally unrecognised) variation between the understandings of the public and the Dalai Lama with regard to nonviolence as practiced.

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Guy, Robert L. Holsinger M. Paul. "Religious expression in public education." Normal, Ill. Illinois State University, 2001. http://wwwlib.umi.com/cr/ilstu/fullcit?p3006619.

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Thesis (D.A.)--Illinois State University, 2001.
Title from title page screen, viewed April 25, 2006. Dissertation Committee: M. Paul Holsinger (chair), Moody Simms, John Freed. Includes bibliographical references (leaves 161-167) and abstract. Also available in print.

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Seo, Myengkyo. "Conversion to minority : conversion, secularism, and the state management of religion in Muslim Java, Indonesia since 1965." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609680.

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Ropi, Ismatu. "Muslim responses to Christianity in modern Indonesia." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21260.

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As Indonesian Muslim depictions of Christianity have varied over time, this study is an attempt to provide a brief survey of the Muslim attitudes towards Christianity in modern Indonesia. It will set the stage by first investigating the Muslim depiction of Christianity as found in the seventeenth century works of Nuruddin al-Raniri. It will go on to survey some aspects of Dutch colonial policy concerning Indonesian Islam and will cover Muslim responses to and perceptions of Christian doctrine in the Old Order and New Order periods. Some polemical writings from the two communities produced by such writers as Hendrik Kraemer, F. L. Bakker, A. Hassan, A. Haanie and Hasbullah Bakry will be examined in detail.
This thesis will inquire into the connection between Indonesian Muslims' treatment of Christians, ranging from polemic and suspicion to dialogue and accommodation, and political events which occurred and religio-political policies adopted particularly in the New Order under Soeharto. Furthermore, this thesis will also discuss the works of Mukti Ali and Nurcholish Madjid who in recent years have called for the more objective and positive dialogue leading to practical cooperation between Muslims and Christians in Indonesia.

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Bailess, Shelley Dawn. ""An asylum to the persecuted and oppressed of every nation and religion" dissenters and liberals in the drive for religious freedom in Virginia /." Lynchburg, Va. : Liberty University, 2010. http://digitalcommons.liberty.edu.

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Maganyane, Tumelo Arnols. "Promoting learners’ right to freedom of religious expression in public schools." Diss., University of Pretoria, 2021. http://hdl.handle.net/2263/80460.

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The dispute over the place, accommodation and tolerance of religion and religious expression in South African public schools, as well as globally, has been vehement. This is, to some extent, because public schools reflect the multicultural and religious societies in which they are found. In addition to their diverse backgrounds, public schools in South Africa and elsewhere are dominated by Christianity, with most people claiming allegiance to it and, sometimes, discriminating against the other minority religions. This has led to governments developing a plethora of legislation, policies and regulations to redress the dominance, unequal treatment and discrimination of the dominant religion. This study was undertaken to answer the question: “How do public schools promote the learners’ right to freedom of religious expression?” This interpretive multisite case study explored the experiences of the SGB chairpersons, principals, Life Orientation educators and learners at three public secondary schools in the Bohlabela District of the Mpumalanga province of South Africa. The research used interviews, document analysis and observations to elicit the participants’ views and understandings of how their various schools’ religious observance policies promoted the learners’ right to freedom of religious expression. The findings revealed that most schools have not changed the way they conduct religious observances since the promulgation of the National Policy on Religion and Education of 2003. Moreover, learners still experience religious intolerance and religious discrimination because schools promote single-faith religious observances.
Dissertation (MEd)--University of Pretoria 2021.
pt2021
Education Management and Policy Studies
MEd
Unrestricted

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Boutouba, Nadia. "La liberté de religion : Perspectives comparées France-Canada." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD033/document.

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En France et au Canada, la liberté de religion constitue une liberté de premier rang protégée par de nombreux textes. Si la France a inscrit dans sa Constitution le principe de laïcité de la République, en revanche, au Canada le droit constitutionnel ne le reconnaît pas mais l'Etat canadien repose en matière religieuse sur le principe de neutralité. Le travail de thèse consistera à comparer notamment les décisions françaises et canadiennes afin de distinguer le raisonnement qui sous-tend chaque approche et ainsi mieux comprendre leur fonctionnement en particulier en ce qui concerne les principes de neutralité (Canada) et de laïcité (France) et leurs conséquences quant à la gestion juridique des revendications religieuses
In France and in Canada, freedom of religious beliefs constitutes a freedom of first rank protected by many texts. If France registered in its Constitution the principle of secularity of the Republic, on the other hand, in Canada the constitutional law does not recognize it but the Canadian State rests out of religious matter on the principle of neutrality. The work of thesis will consist in comparing the French and Canadian decisions in particular in order to distinguish the reasoning which underlies each approach and to thus better understand their operation in particular with regard to the principles of neutrality (Canada and of secularity France) and their consequences on the legal management of the religious claims

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Adeney-Risakotta, Farsijana. "Politics, ritual and identity in Indonesia : a Moluccan history of religion and social conflict /." Yogyakarta : Farsijana Adeney-Risakotta, 2005. http://catalogue.bnf.fr/ark:/12148/cb40121498z.

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Osman, Fatima. "Freedom of Religion and the headscarf: a perspective from international and comparative constitutional Law." Master's thesis, Faculty of Law, 2013. http://hdl.handle.net/11427/32997.

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his thesis analyses whether a legislative ban on wearing a headscarf breaches the right to freedom of religion, as such right is universally understood. It describes the ambit of the right to freedom of religion by examining the theoretical justification and importance of the right and thereafter analysing how the right is recognised in international and regional treaties and domestic constitutions. It demonstrates that religious freedom comprises of the right to hold a religion and the right to manifest a religion in the form of worship, observance, practice and teaching. Religious freedom, however, is not absolute and the thesis explains in the light of international and comparative case-law that the right to freedom of religion may be limited by a law that pursues a legitimate state interest and is reasonable. In light of this theoretical framework the thesis examines the practice of Muslim women wearing a headscarf and argues that the practice constitutes a manifestation of Islamic belief protected by the right to freedom of religion. Thereafter this thesis examines French, Turkish and German prohibitions on wearing a headscarf, the effect of these laws on Muslim women and the justifications furnished for such laws. It is argued that the state interest of preserving secularism relied upon to justify a headscarf ban is not legitimate and does not justify a headscarf ban. Furthermore, even where the state has a legitimate interest in preventing the coercion of young girls, promoting the equality rights of women and maintaining safety and order, a headscarf ban does not constitute a reasonable limitation of religious freedom. Ultimately, this thesis argues that a headscarf ban exacerbates the problems it is meant to solve and constitutes an unjustifiable infringement of religious freedom.

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Mansfield, Stephen Lee. "Government in a "post-Christian age" religion in American public life /." Theological Research Exchange Network (TREN), 1988. http://www.tren.com.

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Jun, Ho Jin. "An evangelical response to religious pluralism and fundamentalism in Asia with special reference to Indonesia, Japan and South Korea." Thesis, University of Wales Trinity Saint David, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.683306.

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Rozefort, Wallace. "Criminal prosecutions, the defence of religious freedom and the Canadian charter." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/24435.

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This thesis examines the conditions under which a defense of religious freedom can be successfully argued before the courts. It is acknowledged that freedom of religion has long existed in Canada but the defense of religious freedom in criminal prosecutions has not often been accepted by the Canadian Courts. The author thinks that the Canadian Charter of Rights and Freedoms puts the defense of religious freedom in a more favourable position by making it possible for Canadian judges to proceed to a balancing test that up to now they have been reluctant to use. Besides the question of the balancing test, various problems revolve around the defense of religious freedom in criminal prosecutions. The first section examines the social and historical context of religious freedom in Canada. The second section is located in a more legal perspective. A survey of the Canadian cases is made in order to comprehend the answers that Canadian judges have given in the criminal prosecutions where the defense of religious freedom was raised. In looking at the Canadian decisions on that issue, four basic problems call for solutions. The following sections deal respectively with those questions. Section 3 raises the issue of the definition of religion and religious activities. Section 4 points out a new understanding of the concept of infringement. In Section 5, the notion of balancing test is examined in light of American decisions and its application to the defense of religious freedom is considered. Finally, the necessity of a theory justifying the defense of religious freedom is explored in Section 6. In conclusion, this study stresses the impact the Charter will have upon the acceptance of the defense of religious freedom by Canadian courts. To the problems that have been identified, the author proposes some solutions, bearing in mind that the future of the defense of religious freedom in Canada depends on whether or not Canadian judges will consider that the Charter has introduced a new era in the exercise of fundamental freedoms in Canada.
Law, Peter A. Allard School of
Graduate

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Maher, Julie. "Manifesting religious belief : a matter of religious freedom, religious discrimination, or freedom of expression?" Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:eaf72dbe-ca5e-4767-97a6-b28c928be742.

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This thesis asks how manifestation of religious belief by religious individuals can best be protected in English law. It is particularly concerned with the protection available to religious individuals in the public sphere. This thesis assesses the current state of protection under religious freedom and religious discrimination models, before considering the potential for increasing protection by reconceptualising the right to manifest religious belief as an aspect of freedom of expression. This thesis asks whether the practical and conceptual limitations of a religious freedom model, and Article 9 of the European Convention on Human Rights (ECHR) in particular, can be overcome by reliance on alternative modes of protection, namely religious discrimination protections in domestic, Convention, and EU law, or through litigating religious manifestation claims as freedom of expression cases under Article 10 of the ECHR. The difficulty of communicating the harm in being denied the ability to manifest religious beliefs publicly is a key limitation of both religious freedom and religious discrimination models. Similarly, this thesis highlights the difficulty in assessing what weight should be attributed to such religious harm within a proportionality exercise balancing the rights of religious individuals with the rights and interests of other parties. The analysis in this thesis draws primarily upon the sources of law which shape domestic English law in this area, namely the ECHR and European Union law. However, this thesis also considers foreign precedent and case law from the United States in particular. This thesis contends that no one model can address the range of cases where manifestation of religious beliefs arise, and that litigants should be able to draw from religious freedom, religious discrimination, and freedom of expression protections depending on the nature of their case.

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Galloway, Michael L. "The development of separation of church and state in America." Theological Research Exchange Network (TREN), 1987. http://www.tren.com.

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Антонченко, В. С. "Проблемы реализации свободы вероисповедания в современной российской действительности." Thesis, Украинская академия банковского дела Национального банка Украины, 2009. http://essuir.sumdu.edu.ua/handle/123456789/61106.

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Право на свободу вероисповедания среди других личных прав и свобод человека занимает одно из главнейших мест. Свобода вероисповедания – право исповедовать и практиковать любую религию или не практиковать никакой религии, проповедовать религиозные или другие мировоззрения.

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O'Brien, Jaclyn Marie. "A comparative study of the teaching of Dignitatis humanae and decisions of the Supreme Court of the United States regarding religious liberty and education." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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Breidenbach, Michael David. "Conciliarism and American religious liberty, 1632-1835." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648152.

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Chetty, Kasturi. "The interaction of children's rights, education rights and freedom of religion in South African schools." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020864.

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This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.

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McGravey, Kevin. "Democracy and the divine re-examining the role of religion in the American public /." Diss., Connect to the thesis, 2008. http://hdl.handle.net/10066/1328.

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Kray, Karen. "Operasi Lilin dan Ketupat: Conflict Prevention in North Sulawesi, Indonesia." Ohio University / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1149887464.

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