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Religious Liberty in International Human Rights Law

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0003
Subject:
Law, Public International Law, Comparative Law

Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a ... More


Religion as Identity and the Fundamental Rights Obligations of the EU

Ronan Mccrea

in Religion and the Public Order of the European Union

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595358
eISBN:
9780191595776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595358.003.0004
Subject:
Law, EU Law

This chapter demonstrates how the Union's identity-based approach fits in with its fundamental rights obligations. It analyses the various justifications for religious freedom and notes how respect ... More


Legitimizing Repression: Blasphemy Restrictions in the United Nations

Paul Marshall and Nina Shea

in Silenced: How Apostasy and Blasphemy Codes are Choking Freedom Worldwide

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199812264
eISBN:
9780199919383
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812264.003.0011
Subject:
Religion, Islam

Chapter Eleven describes formal efforts to legislate anti-blasphemy laws through international fora. For two decades, the Organization of the Islamic conference has sought to use the UN to win ... More


Reason and Religion

Timothy Macklem

in Independence of Mind

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535446
eISBN:
9780191709074
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535446.003.0004
Subject:
Law, Philosophy of Law

This chapter addresses the question of the roles played by reason and by faith in the construction of personality. This issue arises in the setting of freedom of religion, where it has been necessary ... More


Religious Identity and the Problem of Authenticity

Avigail Eisenberg

in Reasons of Identity: A Normative Guide to the Political and Legal Assessment of Identity Claims

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199291304
eISBN:
9780191710704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291304.003.0005
Subject:
Political Science, Comparative Politics, Political Theory

The chapter examines the problem of authenticity in relation to cases about freedom of religion. The challenge of authenticity suggests that it is impossible to distinguish reliably between identity ... More


The Secret Constitution Resurgent

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0010
Subject:
Political Science, American Politics

This chapter examines the role of constitutional amendments in American legal culture. Amendments that have already been approved – such as those that instituted the income tax, the popular election ... More


Independence of Mind

Timothy Macklem

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535446
eISBN:
9780191709074
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535446.001.0001
Subject:
Law, Philosophy of Law

The fundamental freedoms, of speech, conscience, privacy, and religion are now an essential part of contemporary society, set down in our most basic laws and regularly invoked in our political and ... More


Religious Freedom and the Reasons for Rights

Corey Brettschneider

in When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691147628
eISBN:
9781400842377
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691147628.003.0006
Subject:
Philosophy, Political Philosophy

This chapter focuses on the freedom of religion. On some accounts of religious freedom, religious beliefs deserve a presumptive protection from state influence. The chapter argues against such ... More


Conclusions

Paul Marshall and Nina Shea

in Silenced: How Apostasy and Blasphemy Codes are Choking Freedom Worldwide

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199812264
eISBN:
9780199919383
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812264.003.0016
Subject:
Religion, Islam

Within the Muslim world, victims of accusations of insulting Islam are not limited to those who insult or mock. They include “post-Islamic” groups such as the Baha’is or Ahmadis, converts from Islam, ... More


Compete with One Another in Good Works

Abdulaziz Sachedina

in The Islamic Roots of Democratic Pluralism

Published in print:
2001
Published Online:
October 2011
ISBN:
9780195139914
eISBN:
9780199848935
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195139914.003.0003
Subject:
Religion, Islam

This chapter defines the ethical foundation of freedom of conscience and religion as cited in the writings and teachings of the Koran and the prophets particularly of Abraham and Muhammad. The ... More


Freedom of Religion or Belief

Carolyn Evans

in Freedom of Religion under the European Convention on Human Rights

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199243648
eISBN:
9780191697272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243648.003.0005
Subject:
Law, Human Rights and Immigration

This chapter delves into the fundamental principle of the right to freedom of thought, conscience, and religion in the Convention and explores the concept of religion or belief to the extent that it ... More


Acts of Bad Faith: Anti-conversion Laws

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198074144
eISBN:
9780199080823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074144.003.0007
Subject:
Law, Human Rights and Immigration

Conversions conducted by coercive or violent means violate the right to freedom of religion enshrined in Article 25 of the Indian Constitution and in various human rights instruments. In addition to ... More


The Protection of Human Rights

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0006
Subject:
Law, Comparative Law

This chapter discusses human rights protection in Japan. Topics covered include the development of human rights law, the Constitution, restrictions on human rights, freedom of expression, access to ... More


Constitutional Principles: Civil Rights

ALAN BRUDNER

in Constitutional Goods

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225798
eISBN:
9780191706516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225798.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the civil rights generated by the constitution of liberty. It identifies the libertarian reason for shielding the fundamental civil freedoms against legal regulation; and it ... More


Religion and International Law Revisited

Ioana Cismas

in Religious Actors and International Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198712824
eISBN:
9780191781186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712824.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter explores narratives on religion and international law, discussing the incentives of legal scholars to discover the roots of the discipline in various religions as opposed to reasons for ... More


Silenced: How Apostasy and Blasphemy Codes are Choking Freedom Worldwide

Paul Marshall and Nina Shea

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199812264
eISBN:
9780199919383
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812264.001.0001
Subject:
Religion, Islam

Silenced describes the dire effects of blasphemy and apostasy restrictions in contemporary Muslim-majority countries, and the promotion of such restrictions internationally, and in the West. In the ... More


Understanding a Complex History

Hilal Elver

in The Headscarf Controversy: Secularism and Freedom of Religion

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199769292
eISBN:
9780199933136
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199769292.003.0003
Subject:
Religion, Religion and Society

This chapter explores the historical roots of the current political crises associated with the headscarf controversy, taking account of its social, political and legal ramifications. Attention will ... More


The Role of the European Court of Human Rights

Hilal Elver

in The Headscarf Controversy: Secularism and Freedom of Religion

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199769292
eISBN:
9780199933136
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199769292.003.0004
Subject:
Religion, Religion and Society

In national and international courts, cases concerning freedom of religion and religious symbols raise critical questions about the limits of religious freedom in the increasingly diverse societies ... More


Religious Organizations Under the European Convention Regime

Ioana Cismas

in Religious Actors and International Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198712824
eISBN:
9780191781186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712824.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

Religious organizations are non-state actors. Any attempt to examine their rights and obligations is confronted by challenges relating to subjectivity. The chapter relies on the capacity approach to ... More


Liberty

David M. Beatty

in The Ultimate Rule of Law

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199269808
eISBN:
9780191710063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269808.003.02
Subject:
Law, Philosophy of Law

In 1791, the authors of the American Bill of Rights thought religious freedom was so fundamental to the liberty of the individual and to justice in their communities that they picked it to be the ... More


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