{"title":"Shifting Visions about Indoctrination and the Margin of Appreciation Left to States","authors":"K. Henrard","doi":"10.1163/187103211X601874","DOIUrl":"https://doi.org/10.1163/187103211X601874","url":null,"abstract":"Lautsi II underscores that one cannot yet speak of a steady trend to reduce (de facto) the margin of appreciation of states in relation to the place of religion in public education.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133253317","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: Rafael Navarro-Valls, Javier Martínez-Torrón, \"Conflictos entre Conciencia y Ley. Las Objeciones de Conciencia\", Madrid: Iustel, 2011, ISBN 978-84-9890-134-4, 514 pp.","authors":"R. Lozano","doi":"10.1163/187103211X592622","DOIUrl":"https://doi.org/10.1163/187103211X592622","url":null,"abstract":"","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123777662","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":"The Neutral State and the Mandatory Crucifix","authors":"R. Pierik, W. V. D. Burg","doi":"10.1163/187103211X599427","DOIUrl":"https://doi.org/10.1163/187103211X599427","url":null,"abstract":"In this article we present a conceptual overview of relevant interpretations of what state neutrality may imply; we suggest a distinction between inclusive neutrality and exclusive neutrality. This distinction provides a useful framework for understanding the several positions as presented by the parties in the Lautsi case. We conclude by suggesting a solution of the Lautsi case that might provide a more viable solution.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133284095","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":"The Meaning of Religious Symbols after the Grand Chamber Judgment in Lautsi v. Italy","authors":"Hin-Yan Liu","doi":"10.1163/187103211X599409","DOIUrl":"https://doi.org/10.1163/187103211X599409","url":null,"abstract":"This Comment concerns the question whether there now exists a right of Member States parallel to the individual right to thought, conscience and religion under Article 9 and analyses the consistency of this potential development with the existing jurisprudence mandating state neutrality and impartiality. The Comment then considers the similarities and differences between manifesting a belief and symbolic speech, and the consequentially permissible restrictions that may be imposed. It will conclude by suggesting that the Grand Chamber erred in its determination of the crucifix as ‘an essentially passive symbol’ and had failed to consider this question holistically.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121153754","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":"Another Defeat for the Principle of Secularism: Recent Developments on the Display of the Crucifix in Italian Courtrooms","authors":"C. Panara","doi":"10.1163/187103211X599418","DOIUrl":"https://doi.org/10.1163/187103211X599418","url":null,"abstract":"The Italian Court of Cassation recently sanctioned the dismissal of a judge who refused to hold hearings due to the presence of crucifixes in the courtrooms. This ruling (taken together with the ruling of the Grand Chamber in Lautsi) marks a significant defeat for the principle of state secularism.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126465135","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":"Workshop 2: Change of Religion or Belief, Enabling the Environment","authors":"Asma Jahangir","doi":"10.1163/187103207782170475","DOIUrl":"https://doi.org/10.1163/187103207782170475","url":null,"abstract":"","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132498291","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":"Workshop 2: Change of Religion or Belief, Enabling the Environment","authors":"Diane 'Ala'i","doi":"10.1163/187103207782170330","DOIUrl":"https://doi.org/10.1163/187103207782170330","url":null,"abstract":"1 Not a once in a life time choice, assigned at birth, limited or unchangeable due to the adoption of a particular religion or belief. 2 An individual right in the sense that a group should not assume or assign religion or belief to individuals and coerce them not to change. 3 As stated in Article 18 of the International Covenant on Civil and Political Rights (ICCPR) “No-one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.” 4 Th e Human Rights Committee has observed in para. 5 of its General Comment 22 on Article 18 of the ICCPR “Th e Committee observes that the freedom to “have or to adopt” a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one’s current religion or belief with another or to adopt atheistic views, as well as the right to retain one’s religion or belief. Article 18.2 bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert. Policies or practices having the same intention or effect, such as, for example, those restricting access to education, medical care, employment or the rights guaranteed by article 25 and other provisions of the Covenant, are similarly inconsistent with article 18.2. Th e same protection is enjoyed by holders of all beliefs of a non-religious nature.”","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117227998","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":"A Commentary on the United Nations Convention on the Rights of the Child, Article 14 The Right to Freedom of Thought, Conscience and Religion","authors":"U. Kilkelly","doi":"10.1163/187103206781172853","DOIUrl":"https://doi.org/10.1163/187103206781172853","url":null,"abstract":"","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124966190","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":"Waving the 'Freedom of Religion or Belief ' Card, or Playing It Safe: Religious Instruction in the Cases of Norway and Finland","authors":"Pamela Slotte","doi":"10.1163/187103108X286546","DOIUrl":"https://doi.org/10.1163/187103108X286546","url":null,"abstract":"In order to gain an understanding of what it means to have a human right to freedom of religion or belief, one has to start by looking at the different actual conflicts that give rise to discussion in terms of such a human right. Different conflicts reveal different problems. It is therefore unsatisfying to attempt to essentialise the human right to freedom of religion or belief, and simply apply it to different cases. There are, for example, various ways of organising religious instruction in public schools. Neutrality consists in presenting these models and conflicts, not in saying that there is one right or wrong answer. This, of course, does not exclude critical examination and discussion. This article examines one model attempting to accommodate religious freedom within a public education system while including religious instruction on the curriculum, and juxtaposes it to a second model of organizing religious instruction that has given rise to conflict. The models discussed have different problems and potentials. However, both trigger a critical analysis of how law perceives religion, especially religious manifestation and, within this framework, what it means to be a religious person. The analysis offers a contribution to ongoing debates about how to understand the human right to freedom of religion or belief.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121072841","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":"In the Name of God: State and Religion in Contemporary Italy","authors":"C. Panara","doi":"10.1163/187103211X543653","DOIUrl":"https://doi.org/10.1163/187103211X543653","url":null,"abstract":"During the last few years the influence of the Catholic Church on law-making and government policies in Italy has dramatically increased. The Italian Episcopal Conference established a solid alliance with the Centre-Right led by the media tycoon Silvio Berlusconi. This political situation favoured the introduction of a number of hyper-conservative policies on ethical matters, from artificial insemination to abortion. In contrast, the influence of the Church was not significant in other key areas such as immigration policy. This article argues that the Church-inspired hyper-conservatism has led to the introduction of considerable restrictions to individual rights and freedoms. This situation is undermining the secular character of the Italian State and the original liberal-democratic inspiration of the Constitution.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116573612","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}