State-Religion Relationships and Human Rights Law: Towards a Right to Religiously Neutral GovernanceThis book examines the question of how the mode of state religion identification affects the state s scope for compliance with human rights law. It presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that surround and characterize these different state religion models. A close assessment of norms of human rights law substantiates that, although human rights law on the face of it is seemingly neutral to the issue of state religion identification, legal principles can be extrapolated that have a profound bearing on the question of legitimacy of the possible diverse relationships that may exist between the state and religion. A range of thematic case studies on, among other issues, Establishment of Religion & the Equal Religious Rights of Others, Religion & Freedom of Expression, Religion & Political Rights, Religion & Educational Rights, Religion & Freedom of Association and Religion & Equal Employment Opportunities, demonstrates that existing regimes of positive state identification with religion are not devoid of forms of institutionalised discrimination and "de facto" practices of discrimination on grounds of religion or belief (or lack thereof). At the same time, it is observed by the author that in some secular or separationist states the ideals of state secularism and separationism have come to be considered ends in themselves. This has given rise to situations where the principles of secularism and separationism are construed so as to impose illegitimate limits on the activities of religions or illegitimate limits on the individual manifestation of certain beliefs. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people s fundamental right to be governed, at all times, in a religiously neutral manner. |
Contents
Acknowledgements | xix |
Table of International Instruments | xxi |
Table of Domestic Legislation | xxv |
Table of International Cases | xlix |
Table of Domestic Cases | liii |
Abbreviations | lv |
Preface | lvii |
1 Introduction | 1 |
A Comparative Legal Analysis | 9 |
A Human Rights Analysis | 147 |
The Emerging Right to Religiously Neutral Governance | 337 |
351 | |
359 | |
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Common terms and phrases
accordance acknowledged activities adopted Agreement amended Application argued artt association authority Basic basis Catholic Chapter Christian Church clause Code communities concerns considered Const Constitution context Convention Court discrimination duty effect ensure equality establishment exemption explicitly expression fact Federal forms freedom of religion fundamental gion Government granted ground groups historical Holy Human Rights Committee human rights law identification instance institutions Iran Islamic Israel issue Italy Jewish latter limitation means measures Muslim nature neutral norms oath objective observed official Orthodox para particular person policies political position practice preamble present principle prohibition protection provides public schools question reasons recognized references regard regulations reli religion or belief religious religious laws Republic requirement reservations respect right to freedom role rule secular separation specific state–religion status supra note tion treatment University women