Author: John (jurista) WittePublish On: 1996-02-09
This volume and its companion Religious Human Rights in Global Perspective: Religious Perspectives are products of an ongoing project on religion, human rights and democracy undertaken by the Law and Religion Program at Emory University.
Author: John (jurista) Witte
Publisher: Martinus Nijhoff Publishers
Category: Political Science
In this 'Dickensian century' of human rights, the world has cultivated the best of religious rights protections, but witnessed the worst of religious rights abuses. In this volume, Jimmy Carter, John T. Noonan, Jr., and a score of leading jurists assess critically and comparatively the religious rights laws and practices of the international community and of selected states in the Atlantic continents. This volume and its companion Religious Human Rights in Global Perspective: Religious Perspectives are products of an ongoing project on religion, human rights and democracy undertaken by the Law and Religion Program at Emory University.
This book argues that the idea of human rights is not exclusively religious, but that its realization in practice requires urgent action on the part of people of all faiths, and of none.
Author: Richard Amesbury
Publisher: Fortress Press
This book argues that the idea of human rights is not exclusively religious, but that its realization in practice requires urgent action on the part of people of all faiths, and of none. Acknowledging the ambiguous moral legacy of their own tradition, Christianity, the authors draw on christological themes to draft blueprints for a culturally sensitive "theology of human rights."
Pt. 1. Introduction -- Freedom of religion in international law -- Women's human rights and religion: how do they co-exist? pt. 2. Reflections on religion, human rights and international law -- The twain doth meet!
Author: Javaid Rehman
Publisher: Studies in Religion, Secular B
Pt. 1. Introduction -- Freedom of religion in international law -- Women's human rights and religion: how do they co-exist? pt. 2. Reflections on religion, human rights and international law -- The twain doth meet! A preliminary exploration of the theory and practice of as-Siyar and international law in the contemporary world -- Religion as a source of international law -- Human rights and cultural relativism: the false dichotomy -- Some arguments on the universality of human rights in Islam. pt. 3. Religions, values and constitutionalism within international human rights law -- Religion within the refugee context: squaring the circle? -- The advent of proportional human rights and the dignity inherent in individuals qua human beings -- The religiosity of jus cogens: a moral case for compliance? -- Why the Hindu caste system presents a new challenge for human rights. pt. 4. Islam, state practices and contemporary international law -- The role of Islam in human rights and development in Muslim states -- Human rights, natural justice and Pakistan's Shariat courts -- Women, Islamisation and human rights in Pakistan: developing strategies of resistance -- Nation-building in an Islamic state: minority rights and self-determination in the Islamic Republic of Pakistan. pt. 5. Islam, minorities rights and the implications of 9/11 -- Multiculturalism and extremism: international law perspectives -- Prayers, planners and pluralism: protecting the rights of minority religious groups -- 'Are you a Protestant or a Catholic Muslim?' The path of Muslim integration into Northern Ireland -- Religion, minority rights and Muslims of the United Kingdom.
This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models.
Author: Jeroen Temperman
This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models. 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. As this book demonstrates through the various case studies there is increasing interest and concern at the manner in which questions concerning the enjoyment of the right to the freedom of religion or belief bear upon key questions concerning the governance of democratic society. Issues raised involve matters concerning employment, education, expression, association and, more generally, the interface between religion and political life. The existing literature often traces these concerns back to the need to consider the place of religion in contemporary society but leaves matters there. Another body of academic literature explores the theoretical dimensions of that relationship but fails to connect it to the practice of states in order to test out the propositions which are the product of these reflections. The great virtue of this work is that is seeks to unite these various enterprises and engages head on with the challenges which this produces The aim is to demonstrate and illustrate the key contention: that there is an emergent right to religiously neutral governance, and that this is incompatible with the continuation of systems which offer preference to particular forms of belief system religious or otherwise. A chief virtue of this book is that it works through the consequences of this claim in a fearless fashion, posing challenges for those states which continue to use their legal frameworks to offer support (directly or indirectly) for historical, dominant or favoured forms of religion or belief. It challenges received assumptions and, by driving the logic of contemporary human rights thinking to the foundations of state-religion relationships performs a valuable service for those engaging with this most difficult and timely of questions. Malcolm D. Evans, Professor of Public International Law, University of Bristol
Drawing on historical inisights, systematic reflections and empirical data, this book offers a substantive understanding of the complex relationship between religion and human rights and of the empirical impact of Christianity and Islam on ...
Author: J. A. van der Ven
Drawing on historical inisights, systematic reflections and empirical data, this book offers a substantive understanding of the complex relationship between religion and human rights and of the empirical impact of Christianity and Islam on the attitudes toward human rights, i.e. a human rights culture.
Offering a new model for explaining the relation between religion and human rights, Religion and the Inculturation of Human Rights in Ghana offers a novel perspective on the links between global trends and local cultures underpinned by ...
Author: Abamfo Ofori Atiemo
Publisher: A&C Black
It has been maintained that the secular nature of modern human rights makes them incompatible with the religious orientation of African and non-Western societies. However, in view of the resilience of religion in the global and local public sphere, it is important to explore how religion can contribute to the promotion and enjoyment of human rights. Based on fieldwork conducted in Ghana, Abamfo Ofori Atiemo here establishes a convergence between human rights and local religious and cultural values in African societies. He argues that human rights represent universal 'dream values'. This allows for a cultural embedding of human rights in Ghana and other non-Western societies. He argues that 'dream values' are usually presented in religious language and proclaimed, for example, by prophets and seers or expressed in certain forms of taboo, proverbs or legal norms. He employs the concept of inculturation, adaptation of the way Church teachings are presented to non-Christian cultures, as a hermeneutical tool for developing a model to understand the encounter between universal human rights and local cultures. Offering a new model for explaining the relation between religion and human rights, Religion and the Inculturation of Human Rights in Ghana offers a novel perspective on the links between global trends and local cultures underpinned by strong currents of religious ideas.
This book examines the relationship between human rights and religiosity.
Author: Hans-Georg Ziebertz
This book examines the relationship between human rights and religiosity. It discusses whether the impact of religiosity on human rights is liberational or suppressive, and sheds light on the direction in which the relationship between religion and human rights is expected to develop. The questions explored in this volume are: Which are the rights that are currently debated or under pressure? What is the position on human rights that churches and religious communities represent? Are there tensions between churches, religious communities and the state? Which rights are especially relevant for young people and which relate to adolescents life-world experiences? Covering 17 countries, the book describes two separate, yet connected studies. The first study presents research by experts from individual countries describing the state of human rights and neuralgic points anticipated in individual societies. The other study presents specific findings on the relationship between these two social phenomena from empirical research in a population of high school students. Studying this particular population allows insights into social trends, value systems and attitudes on human rights, as well as an indication of the likely directions of development, and potential room for intervention.
In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including ...
Author: Nazila Ghanea-Hercock
Publisher: Martinus Nijhoff Publishers
Category: Political Science
Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a reference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement? In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title. The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.
This collected edition by experts from all over the world, reflects a multidisciplinary approach to marital captivity and shows a multifaceted view of this widespread phenomenon.
Author: Susan Rutten
This collected edition by experts from all over the world, reflects a multidisciplinary approach to marital captivity and shows a multifaceted view of this widespread phenomenon. Marital captivity is a social and human rights problem that occurs within religions or religious communities worldwide. It is defined as a situation in which one or both spouses, but predominantly the wife, is unable to terminate a religious marriage, consequently trapping that spouse within the marriage against her or his will. As such it is a form of forced marriage and violence against women. Because of its severe social, legal, and economic implications, the phenomenon is approached from different perspectives: anthropological, sociological and legal. In thirteen chapters the book discusses the practice of marital captivity and human rights approaches, solutions and best practices to marital captivity. It is therefore a must-read for civil society, academics, legal practitioners such as solicitors, the judiciary, notaries and registrars, policy makers, and all other practitioners and ngo's concerned with family issues and violence against women.
From an empirical perspective, the general research question of this volume is how young people understand and evaluate socioeconomic rights and to which degree religious convictions and practices are connected with attitudes towards these ...
Author: Hans-Georg Ziebertz
Category: Social Science
Socioeconomic rights include rights with regard to social security, labour and employment, as well as cultural rights which may be regarded as a shield for the protection of human dignity, especially of specific groups, such as women, children and refugees. The enforceability of socioeconomic rights clearly distinguishes them from other rights. These rights need, perhaps more than others, the support of civil society. Because states have leeway in how resources are distributed, civil society has a major impact on what resources are used to fulfil socio-economic rights. One of the actors in the public arena are religious traditions, respective Churches. Most of them have developed ethical standards for individual conduct and rules for living together in society based on their basic scriptures. All three monotheistic religions, Judaism, Christianity, and Islam, are marked by a caring engagement for the poor, the sick, the old and the foreign. From an empirical perspective, the general research question of this volume is how young people understand and evaluate socioeconomic rights and to which degree religious convictions and practices are connected with attitudes towards these human rights. Can religion be identified as a force supporting the human rights regime and which additional concepts strengthen or weaken the consent to these rights? The richness of empirical data contributes to a better understanding how socioeconomic rights are legitimated in the opinion of more than 10.000 respondents in 14 countries.
Through an examination of international human rights, national law, grass roots activism, and theology, this volume explores the acute problems that contemporary fundamentalist movements pose for women's equality and liberty rights.
Author: C. Howland
Publisher: Palgrave Macmillan
Category: Social Science
Dialogue on the conflict between religious fundamentalism and women's rights is often stymied by an 'all or nothing' approach: fundamentalists claim of absolute religious freedom, while some feminists dismiss religion entirely as being so imbued with patriarchy as to be eternally opposed to women's rights. This ignores, though, the experiences of religious women who suffer under fundamentalism and fight to resist it, perceiving themselves to be at once religious and feminist. In Religious Fundamentalisms and the Human Rights of Women , Howland provides a forum for these different scholars, both religious and nonreligious, to meet and seek common ground in their fight against fundamentalism. Through an examination of international human rights, national law, grass roots activism, and theology, this volume explores the acute problems that contemporary fundamentalist movements pose for women's equality and liberty rights.
The reflections on these questions in the collected lectures and essays of this volume derive from an academic discourse between German and South African scholars that took place within the German-South African Year of Science 2012/13.
Author: Wilhelm Gräb
Publisher: Walter de Gruyter GmbH & Co KG
Current processes of globalization are challenging Human Rights and the attempts to institutionalize them in many ways. The question of the connection between religion and human rights is a crucial point here. The genealogy of the Human Rights is still a point of controversies in the academic discussion. Nevertheless, there is consensus that the Christian tradition – especially the doctrine that each human being is an image of God – played an important role within the emergence of the codification of the Human Rights in the period of enlightenment. It is also obvious that the struggle against the politics of apartheid in South Africa was strongly supported by initiatives of churchy and other religious groups referring to the Human Rights. Christian churches and other religious groups do still play an important role in the post-apartheid South Africa. They have a public voice concerning all the challenges with which the multiethnic and economically still deeply divided South African society is faced with. The reflections on these questions in the collected lectures and essays of this volume derive from an academic discourse between German and South African scholars that took place within the German-South African Year of Science 2012/13.
"A critical analysis of religious freedom in Marxist Cuba, and of wider human rights violations.
Author: Margaret I. Short
Publisher: Transaction Pub
"A critical analysis of religious freedom in Marxist Cuba, and of wider human rights violations. Also examines ethics, law, and morality under Marxism, pointing out contradictions between principles and practices. Interesting and worth reading"--Handbookof Latin American Studies, v. 57.
This book examines the interconnectedness between religion, education, and human rights from an international perspective using an interdisciplinary approach.
Author: Anders Sjöborg
Category: Social Science
This book examines the interconnectedness between religion, education, and human rights from an international perspective using an interdisciplinary approach. It deals with compulsory or secondary school education in different contexts, as well as higher education, and has as its common theme the multiplicity of secularisms in different national contexts. Presenting rich cases, the contributions include empirical and theoretical perspectives on how international trends of migration and cultural diversity, as well as judicialization of social and political processes, and rapid religious and social changes come into play as societies find their way in an increasingly diverse context. The book contains chapters that present case studies on how confessional or non-confessional Religious Education (RE) at schools in different societal contexts is related to the concept of universal human rights. It presents cases studies that display an intriguing array of problems that point to the role of religion in the public sphere and show that historical contexts play important and different roles. Other contributions deal with higher education, where one questions how human rights as a concept and as discourse is taught and examines whether withdrawing from certain clinical training when in university education to become a medical doctor or a midwife on the grounds of conscientious objections can be claimed as a human right. From a judicial point of view one chapter discerns the construction of the concept of religion in the Swedish Education Act, in relation to the Swedish constitution as well European legislation. Finally, an empirical study comparing data from young people in six different countries in three continents investigates factors that explain attitudes towards human rights.
This book provides the first comprehensive assessment of the contribution of the United Nations to the human rights situation of the Bahá ís in Iran.
Author: Nazila Ghanea-Hercock
Publisher: Martinus Nijhoff Publishers
This book provides the first comprehensive assessment of the contribution of the United Nations to the human rights situation of the Bahá ís in Iran. It does this by examining the theoretical, legal, institutional and political dimensions of this issue in detail. The situation of the Bahá í community in Iran between 1979 and 2002 provides a particularly good test case for the international community due to its clarity. By giving attention to a singular case within a discrete time frame, this book is able to effectively examine the impact of UN human rights protection. Attention is given in this study to the clash between religion and human rights, the protection of freedom of religion or belief in international law, the workings of UN human rights charter-based and treaty bodies and their various mechanisms, and recommendations for the resolution of the Bahá í human rights situation in Iran.
But throughout their history, human rights have endured sustained attempts at disenfranchisement. In this provocative study, Linda Hogan defends human rights language while simultaneously reenvisioning its future.
Author: Linda Hogan
Publisher: Georgetown University Press
The human rights regime is one of modernity's great civilizing triumphs. From the formal promulgation of the Universal Declaration of Human Rights in 1948 to the subsequent embrace of this declaration by the newly independent states of Africa, human rights have emerged as the primary discourse of global politics and as an increasingly prominent category in the international and domestic legal system. But throughout their history, human rights have endured sustained attempts at disenfranchisement. In this provocative study, Linda Hogan defends human rights language while simultaneously reenvisioning its future. Avoiding problematic claims about shared universal values, Hogan draws on the constructivist strand of political philosophy to argue for a three-pronged conception of human rights: as requirements for human flourishing, as necessary standards of human community, and as the basis for emancipatory politics. In the process, she shows that it is theoretically possible and politically necessary for theologians to keep faith with human rights. Indeed, the Christian tradition—the wellspring of many of the ethical commitments considered central to human rights—must embrace its vital role in the project.