The European Court Of Human Rights And The Freedom Of Religion Or Belief
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| Author | : Jeroen Temperman |
| Publisher | : BRILL |
| Total Pages | : 630 |
| Release | : 2019-01-04 |
| Genre | : Law |
| ISBN | : 9004346902 |
As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.
| Author | : Jeroen Temperman |
| Publisher | : Cambridge University Press |
| Total Pages | : 771 |
| Release | : 2017-11-16 |
| Genre | : Law |
| ISBN | : 1108416918 |
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
| Author | : Heiner Bielefeldt |
| Publisher | : Oxford University Press |
| Total Pages | : 701 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198703988 |
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
| Author | : Paul M. Taylor |
| Publisher | : Cambridge University Press |
| Total Pages | : 456 |
| Release | : 2005-12-22 |
| Genre | : Political Science |
| ISBN | : 9781139448772 |
The scale and variety of acts of religious intolerance evident in so many countries today are of enormous contemporary concern. This 2005 study attempts a thorough and systematic treatment of both Universal and European practice. The standards applicable to freedom of religion are subjected to a detailed critique, and their development and implementation within the UN is distinguished from that within Strasbourg, in order to discern trends and obstacles to their advancement and to highlight the rationale for any apparent departures between the two systems. This dual focus also demonstrates the acute need for the European Court to heed the warnings from various patterns of violation throughout the world illustrated by the Human Rights Committee and the Special Rapporteur on freedom of religion or belief.
| Author | : Dia Anagnostou |
| Publisher | : Edinburgh University Press |
| Total Pages | : 256 |
| Release | : 2013-04-22 |
| Genre | : Law |
| ISBN | : 0748670580 |
Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
| Author | : William A. Schabas |
| Publisher | : Oxford University Press |
| Total Pages | : 1433 |
| Release | : 2015-09-24 |
| Genre | : Law |
| ISBN | : 0191066761 |
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
| Author | : Jean-François Renucci |
| Publisher | : Council of Europe |
| Total Pages | : 132 |
| Release | : 2005-01-01 |
| Genre | : Law |
| ISBN | : 9789287157157 |
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
| Author | : Kevin Boyle |
| Publisher | : Routledge |
| Total Pages | : 509 |
| Release | : 2013-03-07 |
| Genre | : Political Science |
| ISBN | : 113472229X |
This report, the first of its kind yet to be published, provides a detailed and impartial account of how the individual's right to hold beliefs is understood, protected or denied throughout the world. Consisting of accessible, short edited entries based on drafts commissioned from experts living in the countries surveyed, it exposes persecution and discrimination in virtually all world regions. The book: * provides an analysis of United Nations standards of freedom of religion and belief * covers over fifty countries, divided into regions and introduced by a regional overview * covers themes including: the relationships between belief groups and the state; freedom to manifest belief in law and practice; religion and schools; religious minorities; new religious movements; the impact of beliefs on the status of women; and the extent to which conscientious objection to military service is recognised by governments * draws on examples of accommodation and co-operation between different religions and beliefs and identifies the main challenges to be overcome if the diversity of human conviction is to be established.
| Author | : Stijn Smet |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0198795955 |
The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.
| Author | : Dr Myriam Hunter-Henin |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 410 |
| Release | : 2013-02-28 |
| Genre | : Political Science |
| ISBN | : 1409497917 |
This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.
