{"title":"Religious Freedom and Freedom of Expression in Spain","authors":"Santiago Cañamares Arribas","doi":"10.1163/18710328-12341268","DOIUrl":"https://doi.org/10.1163/18710328-12341268","url":null,"abstract":"This article deals with the conflicts produced in the Spanish legal system between the exercise of religious freedom and freedom of expression, focusing on those cases in which certain expressions have been considered offensive to religious feelings and on those where the religious discourse has been considered contrary to public order. The Spanish case-law shows the difficulties in protecting the religious feelings by means of criminal law.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124320784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Blasphemy Laws and Incitement to Religious Hatred: Italian Legal Standards and Social Developments","authors":"S. Angeletti","doi":"10.1163/18710328-12341269","DOIUrl":"https://doi.org/10.1163/18710328-12341269","url":null,"abstract":"Focusing on the Italian legal system, this article aims to explore old and new legal remedies applicable to cases of religious hatred. Traditionally, institutional religions are granted legal protection through criminal sanctions of blasphemy. Included in the Criminal Code since 1889 and revised in 2006, norms regarding blasphemy are conceived to protect religious feelings, which are considered as part of the inner conscience of the faithful as well as an element of collective religious identity. However, social developments and an increasingly multicultural and multi-religious society reveal questions and issues that need to be legally addressed. One of the most controversial of these is the intertwining of race and religion as grounds for hate discourse, which must be tackled through specific legal instruments, banning racial, ethnic and religious hate speech and intolerance.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124770895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Freedom of Expression and Promoting Tolerance: Learning Experiences from Early Childhood","authors":"S. Minette","doi":"10.1163/18710328-12341267","DOIUrl":"https://doi.org/10.1163/18710328-12341267","url":null,"abstract":"Starting from the important question ‘Is it really impossible or dangerous to speak about religion?’ in the first part this article highlights the importance of dialogue in education. It demonstrates how implementation of dialogical education can be beneficial for children and young people who learn to take up and face the challenge posed by multiculturalism and multi-religiosity in our modern societies. In the second part, this article provides a brief discussion of research in educational psychology about religious education and the ‘Philosophy for Children’ method, or ‘community of enquiry’. This specific area of research emphasizes the necessary integration of this method in religious education since it would be beneficial in terms of social cohesion, among other things.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114453087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book review: Variaties of Religious Establishment, written by Winnifred Fallers Sullivan and Lori G. Beaman","authors":"R. Cristofori","doi":"10.1163/18710328-12341275","DOIUrl":"https://doi.org/10.1163/18710328-12341275","url":null,"abstract":"","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124959515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Architectural Design Controls on Places of Worship in Australia: State Encroachment on Religious Expression and Exercise","authors":"Noel G. Villaroman","doi":"10.1163/18710328-12341262","DOIUrl":"https://doi.org/10.1163/18710328-12341262","url":null,"abstract":"AbstractThis article analyses the ramifications to the right to religious freedom when the design of proposed places of worship is subjected to architectural design controls imposed by Australian planning authorities. First, such design controls can impinge on the freedom of religious expression—that is, the ability of religious communities to express their beliefs through their built structures. Such expression of beliefs may be vital to their prescribed manner of worship, observance, practice or teaching. Second, they can pose a physical obstacle to a religious group’s freedom of religious exercise—that is, their actual conduct of rituals, ceremonies and other kinds of worship. It is argued that the rigid application of design controls hinders the ability of religious groups in Australia to fully exercise their right to establish and maintain places of worship which is a constituent element of the right to religious freedom as guaranteed in international human rights law.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132852848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book review: The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights, written by Anat Scolnicov","authors":"S. Angeletti","doi":"10.1163/18710328-12341265","DOIUrl":"https://doi.org/10.1163/18710328-12341265","url":null,"abstract":"","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133508792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book review: Religion without God, written by Ronald Dworkin","authors":"Mark L. Movsesian","doi":"10.1163/18710328-12341264","DOIUrl":"https://doi.org/10.1163/18710328-12341264","url":null,"abstract":"","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117301933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Fulfilling Article 29:1 of the United Nations Convention on the Rights of the Child—the Aims of Education—through Religious Education","authors":"Oduntan Jawoniyi","doi":"10.1163/18710328-12341263","DOIUrl":"https://doi.org/10.1163/18710328-12341263","url":null,"abstract":"AbstractThis article examines whether or not the ubiquitous model of religious education (i.e., non-confessional multifaith religious education (re)) in state schools in Great Britain is capable of fulfilling the aims of education articulated in the United Nations Convention on the Rights of the Child (uncrc). It maintains that to the degree that this re model aims to promote critical, rational, and cognitive understanding of religion, it seeks to facilitate the development of children’s mental abilities. It also contends that to the extent that re curriculum contents mirror the theistic worldviews and non-theistic ideologies identified within its pluralistic social order, this curriculum subject aims to foster children’s development of respect for: human rights and fundamental freedoms; individual identity, affiliation, cultural diversity and pluralism; mutual understanding and peaceful coexistence; and, the natural environment. In these respects, re in state schools in Great Britain aspires to fulfil the educational aims enunciated in the uncrc.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131214201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Parental Disputes, Religious Upbringing and Welfare in English Law and the ECHR","authors":"Sylvie Langlaude","doi":"10.1163/18710328-12341261","DOIUrl":"https://doi.org/10.1163/18710328-12341261","url":null,"abstract":"AbstractThis article assesses the position of English law concerning parental disputes about the religious upbringing of children. Despite the strong emphasis on both parents being able to direct their child’s religious upbringing, courts have interpreted the child’s welfare to restrict the exposure of the child to parental religious beliefs or practices in some circumstances: preserving the child’s future choice of religion, the physical integrity of the child, the child’s contact and relationship with both parents, the child’s educational choices, and the child’s relationship with both parents’ religious community. It is suggested that courts should have a wide understanding of welfare and should be wary to prohibit parents teaching their minority beliefs. This article also compares the position of the European Court of Human Rights (ECtHR) and suggests that, despite the stronger emphasis by the ECtHR on parental rights, English law is generally not that much at odds with the ECtHR.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131982306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Granting Conscientious Exemptions: The Need to Take Sides","authors":"Y. Nehushtan","doi":"10.1163/187103212X624210","DOIUrl":"https://doi.org/10.1163/187103212X624210","url":null,"abstract":"There are several possible views of the proper way in which the state should respond to claims to be granted conscientious exemptions. This article discusses, and ultimately rejects, two main approaches to the issue of granting conscientious exemptions: the neutral approach and the ‘equal-regard’ approach. According to the neutral approach the decision whether to grant an exemption should not be affected, at least not directly, by the content of a person’s conscience. The equal-regard approach suggests that, when an exemption is granted to a non-religious conscientious objector, an exemption should also be granted to his equivalent religious objector, and vice versa. It is suggested that the state has to take sides and to evaluate the content of one’s conscience in order to decide whether to grant him an exemption from the law. The general argument that intolerance should normally not be tolerated provides one reason, among others, why the content of someone’s conscience is significant when deciding when to grant conscientious exemptions.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124134919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}