The Freedom of Thought (original) (raw)
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Freedom of religion has been in the limelight all over the world in the past few years. It grabbed our attention due to controversies regarding the content of different legal documents of various governments (democratic and non-democratic) around the world or due to the manner in which religious values and practices have been empirically treated by both State and non-State actors. Several issues are at the centre of global attention, including women's rights, heresy laws, transgender issues, ethnic cleansing, ill-treatment of religious minorities, ban on display of religious symbols, xenophobia, and so on. Freedom of Religion or Belief: An International Law Commentary is the first academic commentary which treats the issue of freedom of religion or belief as a human right (v). Freedom of religion or belief was included in article 18 of the Universal Declaration of Human Rights (UDHR) in 1948 and in article 18 of the International Covenant on Civil and Political Rights (ICCPR) in 1966. Published in 2016, the Freedom of Religion or Belief marks fifty years after the adoption of ICCPR and sixty-eight years after the inclusion of religious freedom as a human right in UDHR. The authors, Heiner Bielefeldt, Nazila Ghanea, and Michael Wiener, rely on their academic expertise and practical experience to make a brilliant contribution to the scholarly discourse on freedom of religion or belief from an international legal perspective. The authors worked with the United Nations and conducted research on in human rights, international law, and freedom of religion. Their in-depth knowledge of the subject is reflected in this thoroughly researched book. Fifth Congress of Leaders of World and Traditional Religions, Kazakhstan. photo credit: UN Photo/Rick Bajornas The commentary offers a detailed analysis of interpretation and implementation of relative international standards, including ICCPR. It is structured according to the thematic categories of the Special Rapporteur's framework for communications. Freedom of Religion or Belief also discusses relevant jurisprudence from Treaty Bodies, which is evident from the table of cases and legislation given at the beginning of the commentary. The book is comprehensive because it includes relevant national cases and legislations and is not confined to the cases and legislation of these bodies. It is divided into five parts with further subdivisions. These parts comprise of discussion on freedom of religion or belief, discrimination, vulnerable groups, intersection of freedom of religion or belief with other human rights, and cross-cutting issues. Acknowledging the selective use of commentaries, the https://acuns.org/review-of-freedom-of-religion-or-belief-an-international-law-commentary/
Introduction to a Comparative Study of the Right to Freedom of Thought
2021
This is the introduction for the special issue on a comparative study of the right to freedom of thought across several jurisdictions including the UK, Ireland, Canada and the USA as well as the regional jurisdictions of the European Court of Human Rights and the Inter-American Court of Human Rights.
Contemporary State-Church Law, 2023
Certain human rights are considered to be of an absolute nature because the interests they protect reflect the core values of human society. For many scholars, the outstanding importance of absolute rights is epitomised in their non-derogability, which is taken to be the main formal criterion for their delineation from other human rights. However, there are also views that non-derogability is not necessarily a manifestation of the fundamental importance of a right but that it can also ensue from its other characteristics. An illustration of this is typically found in the freedom of thought, conscious and religion, as laid down in Article 18 of the ICCPR. In the paper, the authors analyse possible reasons that may justify the non-derogable status of Article 18, as a way to gain further insights in the relationship between non-derogability and the concept of absolute rights. The outcome of the analysis provides arguments in favour of the thesis that non-derogability is closely related to the fundamental importance of a right and, as such, should remain among the key criteria for definition of absolute rights.
Global Declarations on Freedom of Religion or Belief and Human Rights
World Evangelical Alliance
Only a small percentage of the world’s population enjoys real freedom of religion or belief. Discrimination and persecution are commonplace, and even martyrdom is far too common. And the lack of protection for the basic human right of religious liberty is very frequently connected with other human rights abuses. This book brings key human rights declarations under one cover for easy study and reference.
ECHR: Article 9 Thought, conscience and religion
The right to freedom of thought, conscience and religion encompasses a wide range of religious and non-religious beliefs as well as philosophical and ethical convictions. The legal recognition of the right to freedom of thought, conscience and religion, which is protected under Article 9 of the European Convention of Human Rights (ECHR) is often met with scepticism by religious traditionalists, in fear that it can undermine the role of religion by recognising pluralism and equating religious with other beliefs. The more liberal have displayed similar doubts as to the implications of embracing religious freedom in secular European societies. The right to freedom of thought, conscience and religion is perhaps one of the most controversial rights in international human rights law and has divided scholars and practitioners alike for years. This article does not delve into the depths of scholarly debate on the controversial aspects of Article 9 ECHR, but it rather aims to outline the current position of the European Court of Human Rights, the Council of Europe's primary judicial organ, that has explored through its jurisprudence some of the most provocative social issues that relate to thought, conscience and religion.
Religion and Human Rights, vol. I, II, III, IV
2010
Hardly a week goes by without some world event relating to the burgeoning field of religion and human rights. Whether attacks carried out in the name of religion by individuals or states, violations of the rights of individuals or communities due to their religious or other beliefs, or clashes between religious and other competing rights (most notably, freedom of speech), matters relating to religion and human rights are not only an area of expert and academic interest, but also of increasing interest to policy-makers, governments, international organizations, and NGOs. This new four-volume Major Work collection from Routledge examines the background, history, and nature of human rights—both individual and collective—as well as economic, social, and cultural rights; and also civil and political rights. Standards, mechanisms, and jurisprudence at international and national levels are included, and form part of the discussion of the conflict of rights and freedom of religion or belief...