The European Court of Human Rights and Minority Religions PDF Download

Author: Effie Fokas
Publisher: Routledge
ISBN: 0429954409
Category : Social Science
Languages : en
Pages : 242

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Book Description
This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court’s case law dealing with religious minority claims (exploring their clarity and consistency – or lack thereof – and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage ‘nationally’ and ‘culturally’ sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court’s religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level. The chapters in this book were originally published in Religion, State & Society, the Journal of Muslim Minority Affairs and Democratization.

Author: Dia Anagnostou
Publisher: Edinburgh University Press
ISBN: 0748670580
Category : Law
Languages : en
Pages : 256

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Book Description
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: Eileen Barker
Publisher: Routledge
ISBN: 1000333248
Category : Religion
Languages : en
Pages : 242

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Book Description
Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of religion and the law, new religious movements, minority religions and the sociology of religion.

Author: Eileen Barker
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409403432
Category : Religion
Languages : en
Pages : 264

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Book Description
A collection of the themes that are important for today's sociology of religion... this volume is essential for anyone interested in religion's place in contemporary society - it answers many questions and raises many new ones The breadth of topics examined in this collection is evidence of James Beckford's many contributions to the sociology of religion and, more importantly, to advancing the argument that we cannot understand society---even presumably today's "secular" society - without some appreciation for the role of religion. A much deserved recognition. A fitting tribute to a distinguished career: this book is a celebration of James Beckford's lifelong endeavor to make religion central to social theory. An excellent collection of thoughtful and often innovative essays, from some of the best sociologists of religion, developing many of the important themes so masterfully treated in Jim Beckford's work. Chock full of helpful new insights; everyone in the sociology of religion will find something of interest and significance in this book. Befitting the career of James Beckford, this book contributes to a genuinely comparative sociology of religion

Author: Eva Brems
Publisher: Cambridge University Press
ISBN: 1139851845
Category : Political Science
Languages : en
Pages : 499

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Book Description
Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

Author: Jeroen Temperman
Publisher: Cambridge University Press
ISBN: 1108416918
Category : Law
Languages : en
Pages : 771

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Book Description
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.

Author: Fabienne Bretscher
Publisher: Routledge
ISBN: 0429559178
Category : Law
Languages : en
Pages : 251

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Book Description
This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Author: Joseph Marko
Publisher: Routledge
ISBN: 1134830432
Category : Political Science
Languages : en
Pages : 622

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Book Description
Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.

Author: Kristin Henrard
Publisher: Eleven International Pub
ISBN: 9789089745354
Category : Law
Languages : en
Pages : 115

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Book Description
On October 29, 2010, Kristin Henrard accepted the position of extraordinary professor on minority protection at the Erasmus School of Law, a chair which is funded by the Trustfonds of Erasmus University Rotterdam. This book contains Henrard's inaugural speech. Henrard first revisits the relationship between and temporal evolution of general human rights and special minority-specific rights, by showing how fundamental rights were originally conceived for and tailored towards the needs of religious minorities. In the second part, Henrard exposes the ambiguous relationship between religious minorities and fundamental rights. Indeed, while religious minorities, and the protection they were considered to need, may have triggered the emergence of both general human rights and special minority rights, subsequently their special needs - in terms of human dignity, identity, and substantive equality - were neglected. Henrard consequently calls for a redress of the current imbalance - more particularly by a refinement of the existing norms.

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287157027
Category : Social Science
Languages : en
Pages : 88

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Book Description
The protection of national minorities is a core issue for the Council of Europe, and one of the major achievements in this field is the Framework Convention for the Protection of National Minorities. The entry into force of the Framework Convention on 1 February 1998 was indeed an event of universal stature, for it is the first ever legally binding multilateral instrument devoted to the protection of national minorities in general. Its importance is widely acknowledged, and the number of ratifications has grown rapidly. Simultaneously, an emphasis is being placed on the implementation and on the efficient functioning of the monitoring mechanism of the Framework Convention. This collection provides all those interested in the protection of national minorities a user-friendly compilation of the basic texts concerning the Framework Convention. In addition to the Framework Convention and its explanatory memorandum, the collection contains texts pertaining to the monitoring mechanism in general and the Advisory Committee in particular. It further provides the state of signatures and ratifications as well as declarations and reservations. It also contains a list of State Reports received and Opinions of the Advisory Committee adopted under both the first and second cycles of monitoring.