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Author | : Hana M. A. E. van Ooijen |
Publisher | : Intersentia NV |
Total Pages | : 0 |
Release | : 2012 |
Genre | : England |
ISBN | : 9781780681191 |
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Religious symbols are loaded with meaning, not only for those who display them. They have generated controversy in many circles, be they religious or secular, public or private, and within or outside academia. Debate has taken place throughout Europe and beyond, at times leading to limitations or bans of religious symbols. While this debate might seem whimsical in occasional flare-ups, it merits closer scrutiny, precisely because it is part of a long-running debate that crosses boundaries and touches upon larger underlying questions. This book singles out a particularly contentious issue: religious symbols in public functions, focusing on the judiciary, the police, and public education. It is often argued that public officials in these functions should be 'neutral, ' which consequently implies that they cannot display religious symbols. The book unravels this line of thought to the core. It disentangles the debate as it has been conducted in the Netherlands, and it studies the concept of state neutrality in depth. Furthermore, the book appraises the arguments put forward against the background of three contexts: the European Convention on Human Rights, France, and England. It critically questions whether State neutrality can necessitate and/or even justify limitations on the freedom of public officials to display religious symbols. (Series: School of Human Rights Research - Vol. 58
Author | : Sylvie Bacquet |
Publisher | : Routledge |
Total Pages | : 215 |
Release | : 2019-06-11 |
Genre | : Law |
ISBN | : 1317357310 |
Download Religious Symbols and the Intervention of the Law Book in PDF, ePub and Kindle
In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the manifestation of belief in the public domain which may be seen both by the religious and secular majorities as a threat to their cultural heritage or against the secular values of the host country. The law has to mitigate those tensions in order to protect the public from harm and preserve order but in doing so, it may where necessary have to limit citizens’ ability to freely manifest their religion. It is those limitations that have been disputed in the courts on grounds of freedom of religion and belief. Religious symbols are often at the heart of legal battles, with courts called upon to consider the lawfulness of banning or restricting certain symbols or practices. This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book considers religious manifestation as a social phenomenon taking a multidisciplinary approach to the question mixing elements of the anthropology, history and sociology of religion in order to provide some context and examine how this could help inform the law.
Author | : Malcolm David Evans |
Publisher | : Council of Europe |
Total Pages | : 138 |
Release | : 2009-01-01 |
Genre | : Reference |
ISBN | : 9789287166166 |
Download Manual on the Wearing of Religious Symbols in Public Areas Book in PDF, ePub and Kindle
This manual explores how the European Convention on Human Rights relates to the freedom of thought, conscience and religion. It identifies the key concepts which can be found in the jurisprudence of the European Court of Human Rights and examines the role and responsibilities of both state and citizen. The central issue addressed is the wearing of religious symbols in public areas. For this purpose, the author first looks at a number of fundamental topics, including the rs"visibility' of religions and beliefs in the public sphere, and the notion of rs"wearing religious symbols'. The essential questions policy makers need to ask when addressing issues concerning the wearing of religious symbols are then listed. Finally, the manual seeks to apply these principles and approaches to a number of key areas such as state employment, schools and universities, the private sector and the criminal justice system.
Author | : Jeroen Temperman |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 471 |
Release | : 2012-09-06 |
Genre | : Law |
ISBN | : 9004222510 |
Download The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom Book in PDF, ePub and Kindle
Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children’s educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective––ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts––these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.
Author | : Malcolm David Evans |
Publisher | : Yearbook of the European Conve |
Total Pages | : 484 |
Release | : 2010 |
Genre | : Law |
ISBN | : |
Download Manual on the Wearing of Religious Symbols in Public Areas Book in PDF, ePub and Kindle
This volume contains two manuals in both English and French on the topic of the wearing of religious symbols in public areas (written by Malcolm Evans) and hate speech (written by Anne Weber). The manuals fall within the scope of the Committee of Experts for the Development of Human Rights, and were prepared under the authority of the Steering Committee for Human Rights, as part of its work on human rights in a multicultural society. They were launched during the conference "Human Rights in culturally diverse societies: Challenges and perspectives" which was organised by the Council of Europe in The Hague, The Netherlands.
Author | : Malcolm David Evans |
Publisher | : |
Total Pages | : 126 |
Release | : 2009 |
Genre | : Christian art and symbolism |
ISBN | : 9789004172760 |
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Author | : Philip HAMBURGER |
Publisher | : Harvard University Press |
Total Pages | : 529 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674038185 |
Download Separation of Church and State Book in PDF, ePub and Kindle
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Author | : Erica Howard |
Publisher | : Routledge |
Total Pages | : 415 |
Release | : 2019-09-23 |
Genre | : Law |
ISBN | : 0429603797 |
Download Law and the Wearing of Religious Symbols in Europe Book in PDF, ePub and Kindle
Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual’s human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.
Author | : Haralds Biezais |
Publisher | : |
Total Pages | : 224 |
Release | : 1979 |
Genre | : Reference |
ISBN | : |
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Author | : Jeroen Temperman |
Publisher | : BRILL |
Total Pages | : 630 |
Release | : 2019-01-04 |
Genre | : Law |
ISBN | : 9004346902 |
Download The European Court of Human Rights and the Freedom of Religion or Belief Book in PDF, ePub and Kindle
The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.