THE RIGHT TO RELIGIOUS FREEDOM IN INTERNATIONAL LAW BETWEEN GROUP RIGHTS AND INDIVIDUAL RIGHTS【2025|PDF|Epub|mobi|kindle电子书版本百度云盘下载】

THE RIGHT TO RELIGIOUS FREEDOM IN INTERNATIONAL LAW BETWEEN GROUP RIGHTS AND INDIVIDUAL RIGHTSPDF格式电子书版下载

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Introduction1

1 Existing protection of religious freedom in international law9

1.1 Historical underpinnings9

1.2 Right to freedom of religion in the major UNdocuments11

1.3 The International Human Rights Covenants12

1.4 The UNDeclaration on the Elimination ofAll Forms of Intolerance and ofDiscrimination Based on Religion and Belief （1981）13

1.5 International documents relating to national， religious and linguistic minorities and to indigenous peoples14

1.6 Regional instruments16

1.6.1 The Americas16

1.6.2 Africa16

1.6.3 Europe16

Notes18

2 Why is there a right to freedom of religion？23

2.1 Introduction23

2.2 Can freedom of religion be a group right？24

2.2.1 What would a group right be？25

2.2.2 How to identify a group26

2.2.2.1 Self-identification26

2.2.2.2 Identification by the group26

2.2.2.3 Objective identification27

2.2.3 Can group rights ever be recognized？28

2.2.3.1 Historical considerations28

2.2.3.2 Community survival29

2.2.3.3 Cultural interpretation of rights29

2.2.3.4 Protection of the rights of individual members of minorities is not sufficient for the special protection needed for minorities30

2.3 Freedom of religion： between liberty and equality31

2.3.1 Liberty or equali： prohibition of incitement32

2.3.2 Group or individual： implementation of religious equality33

2.4 Religiousfreedom in liberal political theory34

2.4.1 Justifications for religious freedom in liberal thought35

2.4.1.1 Individual religious freedom as critical capacity35

2.4.1.2 Individual religious freedom as equal liberty37

2.4.1.3 Individual right as property of the right holder40

2.4.2 Justifications based on relations between religious groups41

2.5 Community and identity43

2.5.1 Communitarian approaches43

2.5.2 Freedom of religion as protection of minorities in a multicultural society46

2.5.3 Groups that violate the human rights of their own members48

2.5.4 Group rights： the utilitarian argument48

2.6 Religious views and liberal prescription of religious freedom49

2.7 Religious political participation51

2.7.1 Are religious reasons for legislation a breach of religious freedom？52

2.7.2 Democratic participation of non-democratic religious parties56

2.8 Conclusion57

Notes58

3 Legal status of religion in the state67

Part A： Legal status of religion in the state67

Part B： Religious freedom should be an individual right in preference to a group right75

3.1 Religious institutions have a public or semi-public character and so cannot be granted rights that override individual rights76

3.1.1 Churches as bearers of rights and as bearers of obligations under the European Convention78

3.1.2 Church employees and internal proceedings80

3.1.3 Democratic governance83

3.2 Religiousfreedom includes the right to participate in religious communities without waiving one’s basic rights85

3.2.1 European human rights law86

3.2.2 Rights of employees of religious organizations -UK and Germany87

3.2.3 United States89

3.3 Recognizing religious group rights inevitably inwolves the state in defining religious groups， thus compromising state neutrality in matters of religion92

3.3.1 Legal powers93

3.3.2 Budget allocation96

3.3.3 Registration and freedom of religious association96

3.3.3.1 State involvement in private disputes100

3.3.4 Claims of leadership101

3.3.5 Conclusions102

3.4 Jurisdiction cannot be accorded to a religious community to which individuals may not have chosen to belong.Even where such choice exists， the state should not allow individuals to waive rights of religious freedom to their communities103

3.5 An individual conception of religious freedom should take into account the different positions of members of minorities and of majorities106

3.5.1 Employment107

3.5.2 Exemptions from general rules108

3.6 Apportioning equality between religious groups is inherently problematic109

3.6.1 Equality in allocation of resources109

3.6.2 Equality on the basis of religion between individuals or between groups110

3.7 States should not evaluate the social worth of religious groups as this breaches state neutrality111

3.8 Conclusion114

Notes114

4 Women and religious freedom126

4.1 Introduction： the problem and existing international law127

4.1.1 The conflict between group religious freedom and the religious freedom of women127

4.1.2 Guarantees of religious freedom of women in international documents128

4.1.3 Reservations to convention provisions affecting non-discrimination in enjoyment of the right to religious freedom129

4.2 Application of discriminatory religious law through relegation to the religious communities130

4.2.1 Religious tribunals and the right of women to equality before the law130

4.2.2 Competing religious and secular sources of legal authority and protection of the rights of women131

4.2.3 Religious autonomy and women in minority groups132

4.3 Discrimination in religious marriage not caused by the state135

4.3.1 Registration of religious marriages by the state without religious jurisdiction over personal status135

4.3.2 State attempts to rectify discrimination in religious marriage may not be enough to preserve equality136

4.4 Non-recognition of discriminato religious marriages may further the discrimination of women137

4.4.1 Potentially polygamous marriages137

4.4.2 Polygamous marriages139

4.5 Discrimination of women in internal religious affairs by religious institutions140

4.5.1 Clergy who hold public office140

4.5.2 Clergy who do not hold public office141

4.5.3 Discrimination in appointment to religious office as a concern for international law141

4.5.4 Discrimination of women by religious and tax-exempt status143

4.6 Secular legislation based on religious motives143

4.6.1 Religious reasons for state legislation144

4.6.2 Religious reasons for international norms146

4.6.3 Religious determinations and individual conscience148

4.7 Conclusion148

Notes149

5 Children， education and religious freedom160

5.1 Choice of religion161

5.2 The child’s religion in situations of change offamily162

5.3 Right to religious education： protection of right of child or of community？166

5.4 What sort of education is compatible with religious freedom？169

5.5 Community religious education and individual human rights170

5.5.1 Schools as public entities170

5.5.2 The argument of voluntary participation172

5.6 Religious freedom of teachers174

5.7 Community religious schools and equality offemale children175

5.8 Wearing of headscarves： a conflict ofgroup and individual values176

5.8.1 Four states - four cases176

5.8.2 Religious freedom as individual right178

5.8.2.1 Religious freedom includes free religious expression178

5.8.2.2 Voluntary participation in a public activity does not amount to a waiver of rights179

5.8.2.3 A principle of secularity179

5.8.3 Religious freedom of the student or religious autonomy of the community？180

5.8.4 Equality of female students181

5.9 Teachers’headscarves and religiousfreedom in employment183

5.10 Conclusions185

Notes186

6 Religious freedom as a right of free speech194

6.1 Free speech and religion -preliminary issues195

6.1.1 The degree of protection of religious speech - a matter for community resolution？195

6.1.2 Right to receive religious speech195

6.1.3 Equality of protection of the right to religious speech196

6.1.4 Discrimination in the right to religious speech by seemingly neutral procedural regulations197

6.2 Restrictions on proselytism as protection of community identity198

6.2.1 Restrictions on proselytism in the private sphere200

6.3 Freedom of religious speech and sanctions within a religious group201

6.4 Prohibition of blasphemous speech derives from an identity perception of religiousfreedom202

6.4.1 Prohibition of blasphemy as protection of the state202

6.4.2 Protection of religious feelings203

6.4.3 Protection of minorities204

6.4.4 The UK Parliamentary Select Committee Report204

6.5 Prohibition of religious hate speech： striking a balance between the identity and expressive perceptions of religions freedom206

6.5.1 Existing international protection206

6.5.1.1 National treatment207

6.5.2 Religious hate speech should be treated differently from other hate speech208

6.6 Conclusions211

Notes211

7 Conclusion219

7.1 Theoretical conclusions219

7.1.1 Conceptual argument as to the existence of group rights219

7.1.1.1 Group rights are incommensurate with the concept of human rights219

7.1.2 Arguments as to the dual character of the right of religious freedom220

7.1.2.1 The dual character of religious freedom and the right of the individual both to belong to， and dissent from the group， must be upheld220

7.1.3 Arguments as to why individual rights should supersede group rights， even if group rights are recognized220

7.1.3.1 On entering a religious group， ‘you do not leave your rights at the door’220

7.1.3.2 The public character of religions mandates respect for individual rights221

7.1.3.3 There is no effective voluntary choice and so individual freedom must be respected both within and without groups221

7.1.3.4 Equal protection of members of minorities can and should be achieved through a conception of individual rights222

7.1.4 Argument as to further problems of religious freedom created by recognition of religious group rights in the state223

7.1.4.1 According religious group rights involves the state in evaluation of the social worth of religious groups， thereby breaching state neutrality223

7.2 Some practical implications223

7.3 A few final words226

Notes226

Bibliography228

Index241