Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Religion Law
Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney
Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney
Catholic University Law Review
How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …
What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders
What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders
Georgia Journal of International & Comparative Law
No abstract provided.
Religion Lessons From Europe: Intolerant Secularism, Pluralistic Neutrality, And The U.S. Supreme Court, Antony Barone Kolenc
Religion Lessons From Europe: Intolerant Secularism, Pluralistic Neutrality, And The U.S. Supreme Court, Antony Barone Kolenc
Pace International Law Review
Case law from the European Court of Human Rights demonstrates to the U.S. Supreme Court how a pluralistic neutrality principle can enrich the American society and harness the value of faith in the public sphere, while at the same time retaining the vigorous protection of individual religious rights. The unfortunate alternative to a jurisprudence built around pluralistic neutrality is the inevitability of intolerant secularism—an increasingly militant separation of religious ideals from the public life, leading ultimately to a repressive society that has no room in its government for religious citizens. The results of intolerant secularism are seen in a recent …
The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni
The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni
Chicago-Kent Law Review
This Article examines the ways in which one of the most established human rights courts—the European Court of Human Rights—encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court’s attentiveness to internal group diversity by scrutinizing the objective filters that the Court employs to determine whether certain practices “count” as a manifestation of claimants’ religion for legal purposes. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of more lived experiences of religion and internal group diversity. The Article further …
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies
(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies
Human Rights & Human Welfare
© Gareth Davies. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Michigan Journal of International Law
Not so long ago, in 1998, the world acknowledged both the fiftieth anniversary of the Universal Declaration of Human Rights and the 350th anniversary of the Peace of Westphalia. The Universal Declaration was celebrated in the popular press, by thousands of activists, and at well attended open forums at schools and universities. Westphalia was noted almost exclusively at academic conferences. But public obscurity is an undeserved fate for Westphalia, for its legacy in organizing our political world vies with that of the American and French revolutions. What Westphalia inaugurated was a system of sovereign states where a single authority resided …
The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr
The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr
Penn State International Law Review
Is religious freedom a fundamental human right? This comment examines the theological and legal basis for this theory, and through a study and comparison of the laws of four nations, the United States, the United Kingdom, the Republic of India, and the Union of Soviet Socialist Republics, determines the current status of this right. The author submits proposals for bridging the gaps between states' lip service to international law and actual compliance.
The Right To Religious Freedom And World Public Order: The Emerging Norm Of Nondiscrimination, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
The Right To Religious Freedom And World Public Order: The Emerging Norm Of Nondiscrimination, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Michigan Law Review
Discrimination based upon religious beliefs and expressions forms the basis for some of the most serious deprivations of civil and political rights. The religious beliefs and expressions that are commonly the ground for discrimination include all of the traditional faiths and justifications from which norms of responsible conduct--that is, judgments about right and wrong--are derived. These beliefs may be theological in the sense that they refer to a personalized transempirical source of an unchallengeable message or metaphysical in the sense that they are grounded upon nonpersonalized transempirical conceptions; sometimes they are more empirical, based upon varying conceptions of science or …