Manhattan Publishing Company

Publication Search | Hot Titles | New Publications | Librarian Info | About COE

Europeans and their rights - Freedom of religion (2007)

Price: $ 26.00
ISBN number: ISBN 978-92-871-6201-4

Overview:
The Universal Declaration of Human Rights and the European Convention on Human Rights proclaim that everyone has the right to freedom of thought, conscience and religion, including freedom to manifest their religion or belief in worship, teaching, practice and observance. Even today, in our democratic societies too, this fundamental right is still sometimes restricted and meets with hostility and intolerance. Using concrete examples, the author compares and analyses the protection of the right to freedom of religion in the case-law of European constitutional courts and of the European Court of Human Rights of the Council of Europe, in order to establish whether there is such a thing as general European law in this sphere. Contents 1 – Introduction: Protection of freedom of religion or belief in European democracies 1.1. Freedom of religion in international documents and national constitutions in Europe 1.2. Secularity, tolerance and pluralism in European democracies 2 – Freedom of religion as an individual right 2.1. What amounts to religion or protected belief? 2.2. The scope of forum internum and protected manifestations of freedom of religion Interference with the forum internum? Revealing convictions: registration of religious affiliation Refusing to take an oath: A decision within the forum internum or a proper manifestation of religious freedom? Religious holiday, Sunday laws and faith-based days of rest Manifestations of religious freedom: facially neutral limitations and the problem of ritual slaughter Manifestations of religious freedom: refusing blood transfusion on grounds of conscience 2.3. Proselytism 2.4. Conscientious objection to military service 3 – Rights of religious communities and associations 3.1. The basis of church–state relations: Registering religious associations Fundamental premises of religious association law An overview of problems with conditions applicable to recognising religious organisations Registration as a precondition of collective religious exercise Proving social acceptance: membership criteria Mandatory waiting periods Further limitations of religious freedom stemming from legal defi nitions in regulations on religious association Church autonomy: The role of religious perspectives in registration processes 3.2. Education and religious instruction Introduction: parental rights and state duties Denominational private schools Religious education in public schools Control over the educational environment and the prohibition of indoctrination The right to be exempted from religious activities Religious symbols in school: The limits of religious tolerance and pluralism 3.3. Accommodation in prisons and military establishments Basic theoretical and practical problems with accommodation in restricted environments Limitations of religious freedom in prisons and the military Prohibition of taking advantage of a restricted environment 4 – Contemporary problems and challenges 4.1. The prohibition of blasphemy: Between freedom of expression and religious freedom 4.2. On the governmental obligation to protect against dangerous religions New religious movements and the label of brainwashing Enquete commissions and sect observatories Select bibliography and suggested further reading