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Oxford Law Citator
Contents
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Freedom of Religion or Belief - An International Law Commentary by Bielefeldt, Prof Heiner; Ghanea, Nazila, Dr; Wiener, Michael, Dr (21st January 2016)
Preliminary Material
Foreword
Preface
Contents
Table of Cases
African Commission on Human and Peoples’ Rights
Committee on the Elimination of Discrimination against Women
Committee on the Elimination of Racial Discrimination
European Commission of Human Rights
European Court of Human Rights
European Court of Justice
Human Rights Committee
Inter-American Commission on Human Rights
Inter-American Court of Human Rights
International Court of Justice
Working Group on Arbitrary Detention
National Cases
Belgium
France
Germany
Italy
Sri Lanka
Switzerland
United Kingdom
United States of America
Table of Legislation
International Treaties and Instruments
National Legislation
Argentina
Australia
Belgium
Belize
Benin
Burundi
Canada
Chad
China
Côte d’Ivoire
Croatia
Cyprus
Denmark
Finland
Former Yugoslav Republic of Macedonia
France
Gabon
Germany
Greece
Guinea
Holy See
Hungary
India
Indonesia
Iran
Israel
Kenya
Lao People’s Democratic Republic
Lithuania
Madagascar
Mali
Monaco
Netherlands
New Zealand
Niger
Nigeria
Pakistan
Qatar
Republic of Ireland
Republic of Moldova
Republic of the Maldives
Romania
Rwanda
Saudi Arabia
Serbia
South Africa
Spain
Sri Lanka
Sudan
Sweden
Switzerland
Syrian Arab Republic
Togo
Tunisia
Turkmenistan
United Arab Emirates
United Kingdom
United Mexican States
United States
Viet Nam
Zimbabwe
List of Abbreviations
About the Co-authors
Main Text
The Underlying Principles of Freedom of Religion or Belief—Towards a Holistic Conceptualization
Preliminary Material
I Complementary Fears
1 Fear of Freedom
2 Fear of Religion
3 Human Rights and Transcendent Beliefs
II Alternative Visions
1 The Politics of Tolerance and Its Limits
2 Projects of Post-Traditional Religious Unification
III The Human Rights Approach: Empowering Human Beings
1 Human Agency as the Basis of Religious Pluralism
2 Believers and Beliefs
3 Anthropocentrism?
IV Respect for Human Dignity
1 The Unconditioned Normative Status of Human Dignity
2 A Particular Religious Heritage?
3 Entry Point for Moral Perfectionism?
V Towards a Universalistic Conceptualization
1 Tendencies of Particularization
2 Inclusive Application
3 The Search for a Defining Line
VI Freedom
1 Dimensions of Freedom and Criteria for Limitations
2 Individuals and Communities
3 Freedom of ‘Choice’—an Inappropriate Term?
VII Equality
1 Diversity-Friendly Equality
2 Formal and Substantive Equality
3 Egalitarian Justification of Accommodation
VIII Positive Interrelatedness with Other Human Rights
1 The Holistic Understanding of Human Rights
2 Neighbouring Rights: Freedom of Religion and Freedom of Expression
3 Freedom of Religion or Belief and Gender Issues: Synergies and Conflicts
IX The Role of the State
1 Respecting, Protecting, and Promoting Freedom of Religion or Belief
(a)
(b)
(c)
2 Disentangling State and Religion
3 Conflicting Understandings of Secularity and Neutrality
X Conclusion
Overview of International Human Rights Mechanisms
Preliminary Material
I United Nations Charter-Based Bodies
1 General Assembly
2 Economic and Social Council
3 Commission on Human Rights
4 Sub-Commission
5 Special Procedures
6 Human Rights Council
7 Universal Periodic Review
II United Nations Treaty-Based Bodies
III United Nations Secretariat
1 High Commissioner for Human Rights
2 Office on Genocide Prevention and the Responsibility to Protect
IV Regional Human Rights Bodies
1 Europe
2 Americas
3 Africa
4 South East Asia
5 Organization of Islamic Cooperation
Part 1 Freedom of Religion or Belief
Preliminary Material
1.1 Freedom to Adopt, Change, or Renounce a Religion or Belief
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Practical Violations of the Right to Change
(a) Obstacles in constitutional and administrative law
(b) Criminal law sanctions
(c) Obstacles to conversion in family laws
(d) Abuses in the context of school education
(e) Multiple discrimination
(f) Mob violence and ‘honour killings’
(g) Denial of asylum
2 The Broader International Normative Framework
(a) Freedom to change (i.e. conversion in the narrow understanding of changing one’s own religion or belief)
(b) The right not to be forced to convert
(c) The right to convert others non-coercively
(d) Rights of parents and children in the area of conversion
(e) A comprehensive framework
V Issues of Interpretation
1 Undue Priority of the Individual?
2 Reducing Religion to a Commodity?
3 Universalizing a Particular Understanding of Religion?
1.2 Freedom from Coercion
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 An Unconditional Prohibition
2 Interrelatedness of Forum Internum and Forum Externum
3 The Meaning of Coercion
(a) Various ways of employing coercion
(b) Dangers connected with overly broad conceptualizations of ‘coercion’
V Issues of Interpretation
1 Grey Zones between Influence and Coercion
2 Possible Coercive Implications of State-Enforced Religious Family Laws
1.3 The Right to Manifest One’s Religion or Belief
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
V Issues of Interpretation
1 Elements of Worship, Observance, Practice, and Teaching
2 Reservations and Declarations
(a) Terminology
(b) Potential impact on the freedom to manifest one’s religion or belief
(c) Bahrain
(d) Israel
(e) Lao People’s Democratic Republic
(f) Maldives
(g) Mauritania
(h) Mexico
(i) Pakistan
(j) 1981 Declaration
1.3.1 Freedom to Worship
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Should Some Rituals be Deemed outside of the Scope of Protection?
2 No Exhaustive Definition of Protected Worship Practices
V Issues of Interpretation
1 Ceremonial Use of Plants and Drugs
2 Ritual Slaughter and Observance of Dietary Practices
1.3.2 Places of Worship
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Construction and Ownership of Religious Sites
(a) Restrictions imposed by the State
(b) Competing claims over a specific place of worship
(c) Places of worship changing hands
(d) Confiscation and unfair restitution provisions
2 Accessing and Using Religious Sites
(a) Restrictions imposed by the State
(b) Impediments imposed by non-State actors
(c) Obstacles deriving from religious precepts
3 Protection of Religious Sites from Attacks
4 Preservation of Religious Sites
V Issues of Interpretation
1 Relationship between International Human Rights Law and International Humanitarian Law
(a) ‘Distinct bodies of law’ approach
(b) ‘Complementarity’ approach
(c) Discussion
(d) Mandate practice concerning religious sites and IHL
2 Duty Bearers under International Human Rights Law
(a) Obligations of non-State armed groups with effective control
(b) Obligations of non-State armed groups without effective control
3 Sacred Sites of Indigenous Peoples
4 Avoiding Rivalry or Provocation in the Location of Religious Sites?
1.3.3 Religious Symbols
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Restrictions Imposed on Employees
2 Restrictions Imposed on Police Officers
3 Restrictions Imposed on University Students
4 Restrictions Imposed on Pupils at Public Schools
5 Restrictions Imposed on Teachers and University Lecturers
6 Restrictions Relating to Identity Photographs
7 Imposition of Religious Dress Codes
V Issues of Interpretation
1 Human Rights Committee Versus the European Court of Human Rights
2 Compulsory Display of Religious Symbols in the Exercise of Public Authority
3 Burqa Bans
4 Right to Import Religious Materials?
1.3.4 Observance of Holidays and Days of Rest
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Problems Arising in Multi-Religious Societies
2 Governments’ Replies
(a) Examples on holidays
(b) Examples on days of rest
3 Good Practices
V Issues of Interpretation
1 ‘Holidays’ vs ‘Holy Days’
2 Negative Freedom
3 Preventing the Abuse of Privileges
4 Reasonable Accommodation
1.3.5 Appointing Clergy
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Direct State Interference in the Appointment Procedure
2 Management Measures for the Reincarnation of Living Buddhas
3 Abduction and Imprisonment of the Religious Leadership
V Issues of Interpretation
1 Indirect Impediments to the Appointment of Religious Leaders
2 Religious Autonomy vs Equality between Men and Women?
1.3.6 Teaching and Disseminating Materials (Including Missionary Activity)
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 State Interference with the Autonomy of Religious Communities in Their Teachings
2 Influence by Religious Authorities on Teachers in Public Schools
3 Restrictions on Proselytism and Missionary Activities
V Issues of Interpretation
1 Limitations for Missionary Activities vis-à-vis Indigenous Peoples in Voluntary Isolation or in Initial Contact?
2 Immigration Restrictions for Foreign Missionaries
3 Right to Disseminate through Mass Media?
1.3.7 The Liberty of Parents to Ensure the Religious and Moral Education of Their Children
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Towards a Clarification of Notions
2 Application of the Distinction between ‘Religious Instruction’ and ‘Information about Religions or Beliefs’
V Issues of Interpretation
1 A Right to Remain Uninfluenced by Religious Upbringing?
2 Threatened Erosion of Parental Rights by Recognizing Rights of the Child?
1.3.8 Registration
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Pervasive Nature of Registration Issues
2 Recommendations on How not to Regulate Registration
3 Recommendations on How to Devise Any Procedures for the Acquisition of Legal Status
V Issues of Interpretation
1 General Association Laws
2 Misunderstandings Concerning the Term ‘Recognition’
3 Privileged Legal Status Positions for Certain Religious or Belief Communities
1.3.9 Communicate with Individuals and Communities on Religious Matters at the National and International Level
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Practical Problems Highlighted by Special Rapporteurs
2 Scope of Protection
3 States as Duty Bearers
4 De Facto Authorities as Duty Bearers
V Issues of Interpretation
1 Related Provisions in the 1981 Declaration and 1992 Declaration
2 Communications Also for Proselytizing Purposes?
3 Travelling Abroad to Attend a Religious Meeting or Undertake a Pilgrimage?
1.3.10 Establish and Maintain Charitable or Humanitarian Institutions/Solicit and Receive Funding
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Freedom to Establish and Maintain Charitable or Humanitarian Institutions
(a) The allegation of ‘improper’ religious propagation
(b) The imposition of cumbersome registration requirements
(c) Suspicion of covering up criminal offences
(d) The allegation of undermining national unity
2 Freedom to Solicit and Receive Funding
(a) Restrictions on domestic donations
(b) Suspicion, restrictions, or bans vis-à-vis foreign funding
V Issues of Interpretation
1 Ensuring Non-Discrimination
(a) Exclusive public funding only to specific religious institutions
(b) Subsidies and tax exemptions or levies for certain religious communities
(c) Application of the principle of non-discrimination to humanitarian institutions?
2 Educational Institutions
3 Subversion of Educational, Cultural, and Religious Institutions by Terrorists
1.3.11 Conscientious Objection
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Right to Conscientious Objection to Military Service
(a) Position of the Human Rights Committee
(i) Prior to 1993: ICCPR does not provide for a right to conscientious objection
(ii) From 1993 until 2010: Right to conscientious objection can be derived from article 18 of the ICCPR (i.e. forum externum or external dimension)
(iii) Since 2011: Right to conscientious objection inheres in the right to freedom of thought, conscience, and religion (i.e. forum internum dimension)
(b) Position of the Special Rapporteur on freedom of religion or belief
(i) Prior to 1988: No international right to conscientious objection to military service
(ii) From 1988 until 1996: Conscientious objection is a legitimate exercise of the right to freedom of thought, conscience, and religion (i.e. forum externum dimension)
(iii) From 1997 until 2002: Conscientious objection is part of freedom of thought, conscience, religion, and belief (i.e. forum internum dimension)
(iv) Since 2003: Conscientious objection is a manifestation of one’s religion or belief (i.e. forum externum dimension)
(c) Position of the Working Group on Arbitrary Detention
(i) From 1999 to 2007: Repeated punishment of conscientious objectors violates the principle of ‘ne bis in idem’
(ii) Since 2008: Already the first punishment for conscientious objection may constitute arbitrary detention (i.e. forum externum dimension)
2 Who Can Claim Conscientious Objection
(a) Wide definition of religion or belief
(b) Non-discrimination
(c) Right of former or serving members of the armed forces
3 Procedural Issues
(a) Time limits for submitting conscientious objection claims
(b) Independence and impartiality of decision-making bodies
4 Repeated Trials and Punishment of Conscientious Objectors
5 Alternative Service
(a) Nature of alternative service
(b) Length of alternative service
6 Refugee Status Claims of Conscientious Objectors
7 Conscientious Objection in Disputed Territories Controlled by de facto Authorities
V Issues of Interpretation
1 Normative Basis for the Right to Conscientious Objection to Military Service
(a) No international right
(b) Forum internum dimension
(c) Forum externum dimension
2 Selective Conscientious Objection
3 Total Conscientious Objection
4 Conscientious Objection to Other Issues—General Observations
(a) Gravity of the moral concern
(b) Situation of a conscientious veto
(c) Connectedness to an identity-shaping principled conviction
(d) Level of complicity in the requested action
(e) Willingness to perform an alternative service
5 Practical Examples of Conscientious Objection in Other Areas
(a) Conscientious objection against taxation
(b) Conscientious objection against carrying out abortions
(c) Conscientious objection against a duty to join a hunting association
(d) Conscientious objection against singing the national anthem or saluting the flag
(e) Conscientious objection in the employment sphere
Part 2 Discrimination
Preliminary Material
2.1 Discrimination on the Basis of Religion or Belief/Interreligious Discrimination/Tolerance
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Discrimination Committed by States, de facto Authorities, and Societal Non-State Actors
(a) State-imposed discrimination
(b) Discrimination perpetrated by de facto authorities
(c) Discrimination by societal non-State actors
2 Intersectional Discrimination
3 Direct and Indirect Discrimination
4 Differential Treatment for Equality
5 The Role of Reasonable Accommodation
(a) Towards a complex conceptualization of equality
(b) What is ‘reasonable accommodation’?
(c) Objections and responses
(i) Privileging minorities?
(ii) Opening the floodgates to trivial demands?
(iii) Undue economic and managerial burdens?
(d) Should reasonable accommodation be legally enshrined?
V Issues of Interpretation
1 Extremism, Discrimination, and Intolerance
(a) ‘Escalating political tensions culminating in extremism’
(b) Extremism resulting from ‘sheer religious fanaticism’
(c) Extremism using ‘religion for political ends’
(d) Terminology: from ‘combating extremism’ to ‘preventing violence committed in the name of religion’
2 Practical Measures to Combat Societal Discrimination and Religious Intolerance
(a) Interfaith dialogue and intrareligious communication
(b) Education
(c) Non-governmental organizations and the media
3 More Credibility through State ‘Neutrality’?
2.2 State Religion
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Human Rights Committee General Comments
2 Special Rapporteur on Freedom of Religion or Belief
(a) States with a formal State religion
(i) Islamic Republic of Iran
(ii) Saudi Arabia
(iii) Bhutan
(iv) Greece
(b) Invocation of religion in the definition of national identity
(i) The Republic of Cyprus
(ii) The Republic of Moldova
(iii) India
3 State Religion is not Prohibited, but Raises Critical Questions
4 Examples of Human Rights Obligations That the State Must Honour
(a) Education
(b) Resolving disputes between religious or belief communities
5 Can All Human Rights Obligations be Honoured Where There is a State Religion?
V Issues of Interpretation
1 What Model to Have if not a State Religion?
2 ‘Respectful Distancing’ of State and Religion for Freedom of Religion or Belief and Coexistence?
3 How Does the Secular State Present a Viable Alternative?
Part 3 Vulnerable Groups
Preliminary Material
3.1 Women
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Overarching Norms and Principles
(a) The international normative framework
(b) Dealing with intersectional human rights problems
(c) Search for practical synergies
2 Practical Tasks
(a) Addressing gender-based stereotypes in conjunction with stereotypes based on religion
(b) How to define limits to freedom of religion or belief
(c) Gender and sexuality in school education programmes
(d) Autonomy of religious institutions and their limits
(e) Closing protection gaps in religious family laws
V Issues of Interpretation
1 Freedom of Religion or Belief and Rights of Lesbian, Gay, Bisexual, Transgender/Transsexual, and Intersex Persons
2 Where to Draw the Boundaries between Religion/Belief and Culture
3.2 Persons Deprived of Their Liberty
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Vulnerability to Discrimination
2 Worship
3 Respect for Dietary Restrictions
4 Training and Complaints Mechanisms
V Issues of Interpretation
1 Undue Restrictions on Certain Manifestations
2 Restrictions on Access to Detainees by International Monitors
3.3 Refugees, Asylum Seekers, and Internally Displaced Persons
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Forced Displacement within or outside the Borders of the State of Nationality
2 Seeking Asylum and Refugee Status in Another State
3 Arising Cases of Refoulement
4 Freedom to Practise Religion or Belief in Refugee Camps or Detention Centres
V Issues of Interpretation
1 Poor Understanding of Freedom of Religion or Belief in Refugee Status Determination at the National Level
2 Non-Refoulement Obligation Derived Directly from Article 18 of the ICCPR?
3 Serious Violation of Manifestation of Religion or Belief and Persecution
3.4 Children
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Article 14 of the CRC in Continuity to Other Provisions of Freedom of Religion or Belief
2 The Child as a Rights Holder within His or Her Family
3 Parental Rights and the Rights of the Child to Freedom of Religion or Belief
4 Dimensions of Application
(a) Religious socialization
(b) Religious instruction within the family and the community
(c) Participation in religious community life
(d) School education
(e) Non-discriminatory family laws and settlement of family-related conflicts
(f) Combating discrimination on the basis of religion or belief
V Issues of Interpretation
1 Harmful Practices
2 Strict Age Limits to Determine the Evolving Capacities of the Child?
3.5 Minorities
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Patterns of Violations
(a) Denial of an appropriate legal status
(b) Unnecessary bureaucratic restrictions
(c) Structural discrimination and exclusion
(d) Discriminatory implications of personal status laws
(e) Alienation and indoctrination of children
(f) Publicly stoked prejudices
(g) Acts of vandalism and desecration
(h) Obstacles against religious rituals or ceremonies
(i) Threats and acts of violence against members of religious minorities
(j) Disrespect of internal autonomy
(k) Confiscation of property and unfair restitution policies
(l) Criminal sanctions
(m) Denial of asylum
2 The Added Value of Minority Rights
3 Broad, Inclusive Application
4 Empowering Human Beings to Freely Develop Their Religious Identities
5 Promotional Activities on the Basis of Equality and Non-Discrimination
V Issues of Interpretation
1 Temporary Absence of Religious Minorities from the Minority Rights Regime
2 Different Treatment of ‘Old’ and ‘New’ Minorities?
3 Specific Vulnerabilities of Persons Belonging to Indigenous Peoples
3.6 Migrant Workers
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 The Applicability of the Full Spectrum of Rights to Migrants
2 Denial of Freedom of Religion or Belief within a Wider Spectrum of Discrimination
3 Scope of Violations
V Issues of Interpretation
1 Migrants and Education
2 Traditional Practices
3 A ‘Reasonableness’ Test
Part 4 Intersection of Freedom of Religion or Belief with Other Human Rights
Preliminary Material
4.1 Freedom of Expression Including Questions Related to Religious Conflicts, Religious Intolerance, and Extremism
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Overlaps and Similarities
2 Distinct Features
3 Antagonistic Misconstructions
4 How to Respond to Religious Hatred?
5 Reservations to Article 20 of the ICCPR
V Issues of Interpretation
1 Frank Media Reporting on Problems in Interreligious Coexistence
2 Racial and Religious Hate Speech
3 Regional Human Rights Standards on Incitement to Hatred
4.2 Right to Life, Right to Liberty
Preliminary Material
I International Standards
II Introduction
III Historical Background
1 The Debate on ‘Sacredness’
2 ‘Inherent’
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Violations of the Right to Life Simply by Virtue of Belonging to a Particular Religion or Belief
(a) The spread of such violations
(b) Death penalty
2 State-Induced Violations of the Right to Life on the Basis of Religious Law
3 Non-State Violators of the Right to Life
4 Conscientious Objection in Relation to Rejecting to Take the Life of Others in Military Service
V Issues of Interpretation
1 The Beginning of Life
2 The End of Life
3 Freedom of Religion or Belief and its Relationship to the Right to Health
4.3 Prohibition on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Torture Inflicted on Persons on the Grounds of Their Religion or Belief
(a) Forum internum
(i) Punishment due to conversion or refusal to convert
(ii) Coercion of detainees
(b) Forum externum
2 Torture Committed in the Name of Religion or Belief
(a) Non-State actors, armed non-State actors, the complicity of the State, or State-driven
(b) Harmful traditional practices
(c) Punishments by State actors in the name of religious law
3 Utilizing Religion against Persons Deprived of Their Liberty
V Issues of Interpretation
1 The Stronger Protection of CAT Compared with the Refugee Convention
2 Subjectivity, Relativity, and Context
3 Does an Act Constitute ‘Torture’, ‘Cruel and Inhuman Treatment’, or ‘Degrading Treatment’?
4 Punishments Allegedly Stemming from Religious or Belief Traditions
Part 5 Cross-Cutting Issues
Preliminary Material
5.1 Derogation
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Ongoing States of Emergency
2 Non-Discrimination
3 Legislation
4 Minorities
V Issues of Interpretation
1 Importance Ascribed to Freedom of Religion or Belief
2 Derogations in the Post-9/11 Context
5.2 Limitations
Preliminary Material
I International Standards
II Introduction
III Historical Background
1 Universal Declaration of Human Rights
2 International Covenant on Civil and Political Rights
(a) ‘Prescribed by law’
(b) ‘Necessary’
(c) ‘Public safety’
(d) ‘Public order’
(e) ‘Public health’
(f) ‘Morals’
(g) ‘Fundamental rights and freedoms of others’
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 First Level of Limitation: Destruction of Rights and Freedoms of Others
2 Second Level of Limitation: Derogation
3 Third Level of Limitation: the Limitations Regime (in the Narrow and Strict Legal Sense)
(a) Public safety, order, health, or morals
(b) Public order
(c) Public safety
(d) Fundamental rights and freedoms of others
(e) Morals
V Issues of Interpretation
1 ‘Manifestation’ is Different from Holding, Adopting, or Changing Religion or Belief
2 National Security
3 Non-Discrimination, Tradition, and Limitations
4 Proportionality in Limiting Freedom of Religion or Belief
5.3 Legislative Issues
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Legislation in Respect of Freedom of Religion or Belief
2 Need for Legislative Activities
3 ‘Accessory Character’ of Article 2
V Issues of Interpretation
1 Effective Monitoring and Follow-Up
2 The Necessity of Positive Steps to Ensure Freedom of Religion or Belief
5.4 Defenders of Freedom of Religion or Belief and Non-Governmental Organizations
Preliminary Material
I International Standards
II Introduction
III Historical Background
IV Mandate Practice of UN Special Procedures and Treaty Bodies
1 Indispensable Role of Human Rights Defenders
2 Government-Organized Non-Governmental Organizations
3 Reprisals
4 Intimidation of Mandate-Holders
5 Standard Terms of Reference for Fact-Finding Missions
V Issues of Interpretation
1 No Exclusion of Faith-Based Organizations from the Definition
2 Role and Accreditation of Religious or Belief Actors in the UN Context
3 Strategies for Implementation
Further Material
Bibliography
Index
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Index
From:
Freedom of Religion or Belief: An International Law Commentary
Prof Heiner Bielefeldt, Nazila Ghanea, Michael Wiener
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
21 January 2016
ISBN:
9780198703983
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