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The Changing Nature of Religious Rights under International Law
The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.
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The Changing Nature of Religious Rights under International Law
The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.
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The Changing Nature of Religious Rights under International Law

The Changing Nature of Religious Rights under International Law

The Changing Nature of Religious Rights under International Law
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The Changing Nature of Religious Rights under International Law

The Changing Nature of Religious Rights under International Law

Overview

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

Product Details

ISBN-13: 9780191509438
Publisher: OUP Oxford
Publication date: 03/19/2015
Sold by: Barnes & Noble
Format: eBook
Pages: 340
File size: 700 KB

About the Author

Malcolm Evans OBE is Professor of Public International Law at the University of Bristol. He is a member of the Organisation on Security and Cooperation in Europe's Advisory Council on Freedom of Religion and Belief, and the author of many publications on international law, human rights, and religion. Peter Petkoff is a Lecturer at Brunel University and a Fellow of the Centre for Christianity and Culture at Regent's Park College in Oxford.

Table of Contents

Introduction, Malcolm Evans and Peter Petkoff
1. Protecting the Freedom of Religion or Belief under International Law: What Are The Options?, Malcolm Evans
2. Rights Critique and Rights Apologetics - Religious Perspectives and Rights Discourses in the International Organisations, Peter Petkoff
3. Is Freedom of Religion or Belief Redundant?, Nazila Ghanea
4. Challenges for the Human Right to Freedom of Religion or Belief, Heiner Bielefeldt
5. Rights to Religion and Rights to Culture in International Human Rights Law: Convergences and Divergences, Alexandra Xanthaki
6. Religious Conversions: International Law, Ethics and Practice, Ilias Bantekas
7. Thirty Years 1981 Declaration as Reflected in Twenty-five Years Mandate Practice of the United Nations Special Rapporteur on Freedom of Religion or Belief, Michael Wiener
8. Incitement to Religious Hatred and the 1981 Declaration, Natan Lerner
9. The International Right to Freedom of Religion or Belief: Patterns of Erosion', Cole Durham
10. The Organisation of Security and Co-operation in Europe and Freedom of Religion or Belief: Losing the Focus on a Core Fundamental Freedom', Thomas Krapf
11. International Law, Divergence, and Globalization', Christopher McCrudden
12. Freedom of Religion or Belief and the Policy of the European Union - a View from the US Commission for International Religious Freedom', Knox Thames
13. Conclusion, Malcolm Evans and Peter Petkoff
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