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Journal articles on the topic 'Minority religion case law'

Author: Grafiati

Published: 3 June 2025

Last updated: 31 July 2025

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1

Raihani, Raihani. "Minority Right to Attend Religious Education in Indonesia." Al-Jami'ah: Journal of Islamic Studies 53, no. 1 (2016): 1. http://dx.doi.org/10.14421/ajis.2015.531.1-26.

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<p class="abstrak">In 2003, Indonesian government issued a new education law in which one of the articles (Article 12) states that student has the right to access religion class in school in accordance with his or her religion by teachers who share the faith. This particular article has a legal ramification that school --state and private-- by law must provide corresponding Religion Classes (RC) for each religious group of students in order to fulfil their very human basic right to access to and observe their religious and cultural teaching and practices. This paper presents findings of

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2

Owen Mhango, Mtendeweka. "The Constitutional Protection of Minority Religious Rights in Malawi: The Case of Rastafari Students." Journal of African Law 52, no. 2 (2008): 218–44. http://dx.doi.org/10.1017/s0021855308000107.

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AbstractIn Malawi, Rastafari students are prevented from attending public schools on account of their dreadlocks. This article seeks to analyse a framework for assessing whether Rastafari qualifies as a religion under section 33 of the Constitution of Malawi. The article argues that Rastafari is a recognized religion and that its sincere adherents should have full protection under the Constitution of Malawi, as do members of other religious groups. The article discusses potential problems for Rastafari litigants in Malawi and proposes some solutions. It introduces a three prong balancing test,

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Cummings, Tristan. "Utilizing Systems Theory Insights and Reflexive Law to Negotiate the “Collision between… Un-connecting Worlds” in Family Law." Journal of Law, Religion and State 9, no. 2-3 (2021): 212–43. http://dx.doi.org/10.1163/22124810-2021j004.

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Abstract This article defends an analytical framework based on systems theory, reflexive law, and Teubner’s regulatory trilemma. J v B exemplifies the numerous overlapping social relations, and forms a case study on the relationship between the State, community, and minority religious individuals, and on how this relationship can break down from the systems theoretical perspective. The article uses this case as a testing ground for a modified systems theoretical approach, treating this conflict between family law and religion as a regulatory problem. Although it centers on English family law,

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Fessha, Yonatan T., and Beza Dessalegn. "Freedom of Religion and Minority Rights in South Africa." Religions 12, no. 10 (2021): 901. http://dx.doi.org/10.3390/rel12100901.

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The South African Constitution contains an extensive list of rights, several of which are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group in South Africa. This article examines the extent to which these protections are utilized by individuals and courts and explores the interplay between these various sources of protection that religious minority groups and their members can rely on. It will examine the courts’ case law on freedom of religion to determine whether the courts have relied on one or all of the rights offered by the Co

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Owens, Alexandra. "Protecting Freedom of and from Religion: Questioning the Law's Ability to Protect Against Unethical Conversions in Sri Lanka." Religion & Human Rights 1, no. 1 (2006): 41–73. http://dx.doi.org/10.1163/187103206777493401.

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AbstractIn recent years, the issue of improper and unethical conversions has attracted much attention in Sri Lanka. The issue is a highly emotive one, with members of the majority Buddhist population calling for measures to protect their religion from 'threats' from other minority religions, and members of these other religious groups expressing growing feelings of discrimination and unequal treatment. This article examines recent case law in the field of unethical conversions in Sri Lanka. An analysis of the decisions of Sri Lanka's Supreme Court relating to the incorporation of Christian org

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Barras, Amélie. "Formalizing Secularism as a Regime of Restrictions and Protections: The Case of Quebec (Canada) and Geneva (Switzerland)." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 36, no. 2 (2021): 283–302. http://dx.doi.org/10.1017/cls.2021.16.

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AbstractIn 2019, the province of Quebec and the canton of Geneva passed bills establishing their states as “secular.” While each law is, to a certain extent, context specific, both present noteworthy similarities. First, neutrality (the cornerstone of laïcité) is articulated around two elements: (1) restrictions that affect the religious practices of public servants belonging to minority religions and (2) protections for Christian symbols constructed as “cultural.” The article questions the implications for inclusive citizenship of formalizing regulatory regimes that differentiate between “rel

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Waughray, Annapurna. "Caste Discrimination and Minority Rights: The Case of India's Dalits." International Journal on Minority and Group Rights 17, no. 2 (2010): 327–53. http://dx.doi.org/10.1163/157181110x495926.

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AbstractIndia's Dalits (formerly known as Untouchables) number around 167 million or one-sixth of India's population. Despite constitutional and legislative prohibitions of Untouchability and discrimination on grounds of caste they continue to suffer caste-based discrimination and violence. Internationally, caste discrimination has been affirmed since 1996 by the UN committee on the Elimination of Racial Discrimination as a form of racial discrimination prohibited by the Inter national Convention for the Elimination of all Forms of Racial Discrimination, and since 2000 as a form of discriminat

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Anwar, Ahmad Khoirul. "Protection of the Right to Freedom of Religion in Indonesia (Case Study: Destruction of the Ahmadiyah Mosque in Balai Harapan Village, Temunak District, Sintang District, West Kalimantan)." Journal of Creativity Student 6, no. 1 (2021): 111–30. http://dx.doi.org/10.15294/jcs.v6i1.36284.

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As in most modern law countries, the State of Indonesia has a regulation regarding guarantees for religious rights and freedoms. This is implied in the constitution of the State of Indonesia, namely the 1945 Constitution of the Republic of Indonesia, precisely in Article 28 E paragraph (1) which reads "Everyone is free to embrace religion and worship according to his religion, choose education and teaching, choose work, choose citizenship, choose a place to live in the territory of the country and leave it, and have the right to return.” Along with regulations related to religious freedom, the

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Hara, Abubakar Eby. "Book Review: Author: Al Khanif; Title: Religious Minorities, Islam, and The Law: International Human Rights and Islamic Law in Indonesia; Publisher: Routledge, 2021." Journal of Southeast Asian Human Rights 5, no. 1 (2021): 94. http://dx.doi.org/10.19184/jseahr.v5i1.24717.

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This book examines religious minority rights in Islam in Indonesia from the international and local human rights perspectives. Its main contribution lies in the effort to find Indonesia's uniqueness in managing minority rights in religion. This study leads the author to a rich discussion of how international human rights through its activists spread the need for freedom of every citizen and how advocates of religious orthodoxy respond to it. In contrast to analysts who use the dichotomous view of the acceptance or rejection of international human rights values, the author sees complexity in

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10

Simandjuntak, Deasy. "Disciplining the Accepted and Amputating the Deviants: Religious Nationalism and Segregated Citizenship in Indonesia." Asian Journal of Law and Society 8, no. 1 (2021): 88–107. http://dx.doi.org/10.1017/als.2020.49.

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AbstractT. H. Marshall’s 1950 seminal work shows that the granting of civil, political, and social rights leads to the institutionalization of rules binding the state and its citizens. In practice, however, citizenship goes beyond these unproblematized paternalistic relations. It is political, involving connection, competition, and conflicts. Isin and Turner (2002) propose that “citizenship” should be examined through its extent (norms of inclusion and exclusion), content (rights and responsibility), and depth (citizens’ perceived relation to their political community). In Indonesia, the discr

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Wan Mansor, Wan Naim. "The ‘Kalimah Allah’ Debacle: Competing Narratives in Politics, Law, and Religion." ICR Journal 13, no. 1 (2022): 112–35. http://dx.doi.org/10.52282/icr.v13i1.870.

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This article studies the various competing narratives concerning the legal battle to use the word ‘Allah’ in Malaysia. Beginning in 2008, two court cases involving the word Allah drew considerable national attention and challenged the relationship between Malaysia’s Muslim majority and Christian minority. The first case, which received the most attention and generated the most substantive debates, involved the Catholic newspaper, the Herald: The Catholic Weekly. The second case involved Jill Ireland, a native Christian Sarawakian bumiputra, whose religious CDs were confiscated upon her arrival

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Bajalan, Chemen. "The The European Court of Human Rights’ Approach in the Protection of Rights of Religious Minority Groups." ISSUE 7 4, no. 2 (2020): 28–41. http://dx.doi.org/10.25079/ukhjss.v4n2y2020.pp28-41.

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The European Court of Human Rights (ECtHR) is reluctant to distinguish the group right qua group. However, it is impossible to ignore the group dimension in the right to freedom of religion. Such a dimension is clearer in the manifestation of beliefs, which require more common practices than mere beliefs. The Court's decisions when dealing with the freedom of religion tend to be inconsistent because it considers the unique social and political situation of each member state. This limits the scope of the right to freedom of religion and the range of protection of a group's religious rights. Usi

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Muktiono, Muktiono, Moh Bakri, Masruchin Ruba’i, and Muchamad Ali Safa’at. "Vulnerability of Religious Minority in Indonesia due to the Implementation of the Blasphemy Law." International Journal for Innovation Education and Research 9, no. 11 (2021): 261–98. http://dx.doi.org/10.31686/ijier.vol9.iss11.3437.

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The establishment and application of blasphemy law in Indonesia is generally under the justification of maintaining public order, preventing violent-conflict, and protecting the enjoyment of the right to freedom of religion. However, when the blasphemy law should be applied to adjudicate an internal religious conflict among the sects then the debate arises on whose interpretation and how it will be referred by the State authorities as demarcation or exclusionary standard to distinguish between the deviant religion and legally valid ones. Issues on the fragility of fair and impartial trial as p

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Juss, Satvinder. "LAW & THE ACCOMMODATION OF SIKH RELIGIOUS EMBLEMS." Boğaziçi Law Review 3, no. 1 (2025): 79–98. https://doi.org/10.69800/blr.1635133.

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How should the state stand in relation to securing the rights and freedoms to which all its citizens are entitled? Should it exhibit State neutrality and impartiality? If so, are these traits in themselves guarantors of the practice and observance of religion by a minority faith? It is often overlooked how the issue has arisen repeatedly in western democracies in the striking case of the Sikh religion because of the religion’s requirement of emblems. These consist not only of the external headwear, the turban, but also the Sikh Kirpan, a blade, which may be worn internally or externally, as we

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15

Fokas, Effie. "On Aims, Means, and Unintended Consequences: The Case of Molla Sali." Religions 12, no. 10 (2021): 859. http://dx.doi.org/10.3390/rel12100859.

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This contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: ‘What happens when provisions for religious minority protection lead to the violation rather than protection of members’ rights?’ That case is Molla Sali v. Greece (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in t

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Jabareen, Yousef T. "Toward Participatory Equality: Protecting Minority Rights under International Law." Israel Law Review 41, no. 3 (2008): 635–76. http://dx.doi.org/10.1017/s002122370000039x.

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The principal claim made by this Article is that the realization of full and effective equality for all citizens and residents within a multi-ethnic state requires “participatory equality.” Creating a system of participatory equality entails, for most states, making drastic and fundamental changes to the state's legal system, public spaces, social and economic structures, and funding and space provided for ethnic, cultural, and religious institutions; however, this type of transformation is the only means of respecting human dignity and ensuring peace. This claim is first made as a normative m

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17

Peterson, Daniel. "Islamism, Blasphemy, and Public Order in Contemporary Indonesia." Islamic Studies Review 3, no. 1 (2024): 122–56. http://dx.doi.org/10.56529/isr.v3i1.257.

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Public order has remained a central focus of successive Indonesian governments since independence. Since President Soeharto’s political demise in 1998, blasphemy and associated religious vigilantism have, at times, posed a serious threat to public order. Using several recent case studies, this article addresses that issue and argues that, insofar as Islamist actors, opportunistic politicians, and a complicit judiciary are permitted to use religion to disrupt public order and persecute those espousing minority beliefs, constitutional guarantees of the rule of law, legal certainty and equality b

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18

Chen, Jianlin. "Bias and Religious Truth-Seeking in Proselytization Restrictions: An Atypical Case Study of Singapore." Asian Journal of Comparative Law 8 (2013): 1–65. http://dx.doi.org/10.1017/s2194607800000867.

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AbstractProselytisation restrictions are typically subjected to two objections. First, these restrictions curtail religious liberty and impede religious truth-seeking. Second, these restrictions tend to favour politically dominant religions and discriminate against minority religions. The restrictions on offensive religious propagation in Singapore thus present an interesting departure in which sanctioned religions are not politically marginalised religions, whereas protected religions include numerical minority religions that are socially, economically, and politically disadvantaged. This art

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19

Fokas, Effie, and James T. Richardson. "The European Court of Human Rights and minority religions: messages generated and messages received." Religion, State & Society 45, no. 3-4 (2017): 166–73. https://doi.org/10.1080/09637494.2017.1399577.

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This contribution introduces a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Setting out first the global importance of the ECtHR as a standard setter in the protection of the rights of religious minorities, the text goes on to introduce the ten contributions that together make up the present special issue on the European Court of Human Rights and Religious Minorities. Beyond briefly summar- ising the contexts of the special issue, this contribution indicates that the first part of the special issue entails critical assess

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20

Mancini, Susanna. "Taking Secularism (not too) Seriously: the Italian 'Crucifix Case'." Religion & Human Rights 1, no. 2 (2006): 179–95. http://dx.doi.org/10.1163/187103206778884820.

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AbstractIn Italy, unlike in most European countries, the debate over religious symbols in the public schools is not centred on the right of individuals belonging to minority groups to wear religious symbols and clothes, but rather on the legitimacy of the display of the crucifix and its religious and cultural significance. This article focuses on the compatibility of the display of the cross in state schools with the principle of secularism, which in the Italian context does not imply, as it does in France, strict indifference towards religion, but rather impartiality with respect to different

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Bretscher, Fabienne. "Between law and politics: Muslim religious practices in Swiss public schools." Studia z Prawa Wyznaniowego 20 (December 29, 2017): 35–52. http://dx.doi.org/10.31743/spw.258.

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Switzerland is currently confronted with a strong political movement that aims at restricting civil rights of certain minority groups, in particular Muslims. This has led to several limitations to their religious practices, some of them even approved by popular vote. From a legal point of view, the question arises which role this shift in politics plays in the Federal Supreme Court’s interpretation of the fundamental right to freedom of religion granted by the Swiss Constitution in cases regarding Muslims. By means of a case study in the field of public education, this paper examines how the p

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Mujuzi, Jamil Ddamulira. "Discrimination on the Ground of Age in Uganda: Analysing Madrama Izama v. Attorney General (Constitutional Appeal No.01 of 2016) [2019] UGSC 1 (14 February 2019)." African Journal of International and Comparative Law 29, no. 4 (2021): 654–64. http://dx.doi.org/10.3366/ajicl.2021.0388.

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Article 21(2) of the Ugandan constitution provides that ‘a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability’. Article 21(3) defines discrimination to mean ‘to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability’. Age is not one of the grounds mentioned in Article 21 against w

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Tsitselikis, Konstantinos. "Minority Mobilisation in Greece and Litigation in Strasbourg." International Journal on Minority and Group Rights 15, no. 1 (2008): 27–48. http://dx.doi.org/10.1163/138548708x272519.

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AbstractWhy would minorities of Greece bring their case before the European Court of Human Rights? What do the minority groups or individuals belonging to a minority group envisage when they communicate their case to Strasbourg? What are the common patterns of minority mobilisation for rights claims before the Court of Strasbourg? Minority mobilisation and litigation in Strasbourg is related to the formation of the status regarding a minority group, the latter being the product of a complex process of political character, dependent on a continuous, overt or covert struggle for power. The axis

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Oran, Baskın. "Minorities in Turkey I: Law and Reform." Commentaries 1, no. 1 (2021): 49–56. http://dx.doi.org/10.33182/tc.v1i1.1996.

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Here I uncover the relationship between the term “Turk” (an ethno-religious term that, in some usages covertly, in some overtly, avers that Turkey is the land of ethnic Turks, and that only Muslims are considered Turk), and the concepts of race and religion. A critical period for the advancement of human rights and minority rights in Turkey occurred in the early 2000s, when the parliament adopted a series of reform packages in order to harmonize the country’s laws with those of the European Union (EU). I propose to examine a case of these most radical democratic reforms carried out since the e

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Kapur, Ratna. "GENDER AND THE “FAITH” IN LAW: EQUALITY, SECULARISM, AND THE RISE OF THE HINDU NATION." Journal of Law and Religion 35, no. 3 (2020): 407–31. http://dx.doi.org/10.1017/jlr.2020.42.

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AbstractThis article analyzes how concepts of gender, gender equality, and secularism have been addressed by the higher judiciary in India in cases dealing with matters of religion. The discussion focuses on three landmark decisions of the Indian Supreme Court on gender equality. The cases involve challenges to discriminatory religious practices that target women in the Muslim-minority and Hindu-majority communities. In each case, gender equality is taken up in relation to religion in ways that produce several outcomes for women that are problematic rather than ones that are unequivocally prog

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Suksi, Markku. "Functional Autonomy: The Case of Finland with Some Notes on the Basis of International Human Rights Law and Comparisons with Other Cases." International Journal on Minority and Group Rights 15, no. 2-3 (2008): 195–225. http://dx.doi.org/10.1163/157181108x332604.

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AbstractIt is possible to distinguish functional autonomy, consisting of various administrative arrangement, as a specific form of autonomy on the top of territorial, cultural and personal autonomy. Functional autonomy may be understood as an organizational option for the provision of adequate linguistic services to a minority population in respect of a certain public function (such as education) by means of creating special linguistically identified administrative units at different hierarchical levels inside the general line-organization charged with the national or local administration of t

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El Guyanie, Gugun, and Aji Baskoro. "The constitutional rights of indigenous beliefs adherents in minority fiqh perspective." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 21, no. 2 (2021): 155–76. http://dx.doi.org/10.18326/ijtihad.v21i2.155-176.

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Indigenous Beliefs Adherents (Penghayat Kepercayaan) who were victims of injustice filed a judicial review and finally brought out to Constitutional Court Decision Number 97/PUU-XIV/2016. This decision became the legal basis for Indigenous Beliefs Adherents to obtain their constitutional rights: recognition, respect, and protection by embedding the beliefs they believe in on the electronic ID card (e-KTP). This study aims to analyze based on the epistemology of minority fiqh on the constitutional rights of Indigenous Beliefs Adherents. In contrast to many studies that place minority fiqh in de

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Du Plessis, Lourens. "Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (2017): 9. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2739.

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This contribution focuses on the way in which the South African Constitutional Court has, since 1997, been dealing with the (seemingly) eccentric claims of (assumedly) idiosyncratic 'religious Others'. Developments in this regard have, for the time being at least, culminated in the Constitutional Court's landmark judgment in MEC for Education: KwaZulu Natal v Pillay 2008 (2) BCLR 99 (CC), 2008 (1) SA 474 (CC)(hereafter Pillay). Constitutional Court judgments since 1997 manifesting the adjudication of such unconventional claims are assessed, eventually getting to Pillay as benchmark. This remar

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Bilalu, Naskur, Ridwan Jamal, Syahrul Mubarak Subeitan, Wira Purwadi, and José Manuel Naranjo Gómez. "Adaptation of Islamic Law through Gotong Royong Tradition in Minority Communities of Tomohon and Tana Toraja." Potret Pemikiran 28, no. 2 (2024): 270. https://doi.org/10.30984/pp.v28i2.3266.

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This research explores the adaptation of Islamic law through local wisdom, particularly the gotong royong tradition, in Muslim minority communities in Tomohon and Tana Toraja. Using a qualitative approach and case study method, the research involved 20 informants, including Islamic religious leaders, traditional leaders, and active Muslim community members. The findings show that the gotong royong tradition facilitates the practice of Islamic law in marriage, zakat management, and religious celebrations by integrating the values of inclusivity and local cultural solidarity. Harmony is created

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Tan, Seow Hon. "Religion in the Abortion Discourse in Singapore: A Case Study of the Relevance of Religious Arguments in Law-Making in Multi-Religious Democracies." Journal of Law and Religion 26, no. 2 (2010): 505–39. http://dx.doi.org/10.1017/s0748081400000692.

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I … appeal to hon. Members to face up to the challenge on this important social issue and give their full support to the Bill. I do hope that they will not falter just because of some pressure, social or otherwise, brought to bear on them by some minority groups outside who, on account of their religious dogmas, desire to impose their will on the majority… I am certain that the opposing stand to this Bill taken by this minority group will also in the course of time end up in the dustbins of history.Abortion, along with same-sex unions, is perhaps one of the world's most polarizing issues today

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Rahman, Noor Aisha Abdul. "Muslim Personal Law and Citizens' Rights: The Case of Singapore." Asian Journal of Comparative Law 7 (2012): 1–29. http://dx.doi.org/10.1017/s2194607800000697.

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AbstractPrevailing discourse on multiculturalismi tend to focus on its merits in protecting the cultures and traditions of minority groups within the framework of the politics of accommodation. Less discussed are its implications on the rights and autonomy of members of the groups themselves who may be adversely affected by the arrangement. This paper attempts to fill the lacunae. It focuses on the problems arising from autonomy granted to the Muslim community of Singapore to determine its personal law, on some segments of the community. Unlike the rest of the citizens of Singapore, the Muslim

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Wang, Jianping. "Islam and State Policy in Contemporary China." Studies in Religion/Sciences Religieuses 45, no. 4 (2016): 566–80. http://dx.doi.org/10.1177/0008429816667680.

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Since Deng Xiaoping adopted a pragmatic policy of opening up and reforming the country in the late 1970s, Islam has witnessed a revival in China. Just as the Chinese nation has experienced rapid economic, political and social development, so too has Islam grown and diversified. Since Muslims generally enjoy the freedom to practice their religion and the benefit of China’s Preferential Program (a policy giving special privileges to minority Muslims) – if they obey the state law and keep harmonious relations with other social groups – some Chinese Muslims regard today as a “golden age” for Islam

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Henrard, Kristin. "EU Law’s Half-Hearted Protection of Religious Minorities Minority Specific Rights and Freedom of Religion for All." Religions 12, no. 10 (2021): 830. http://dx.doi.org/10.3390/rel12100830.

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This article begins with some reflections on the definition of religious minorities, their needs and rights and how this relates to the discussion about the need for minority specific rights in addition to general fundamental rights as rights for all human beings irrespective of particular identity features. Secondly, an overall account of the ambiguous relationship between religious minorities and fundamental rights is presented. The third and most extensive section zooms in on the EU and religious minorities, starting with an account of the EU’s general approach towards minorities and then t

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Ojo, Sanya. "African Pentecostalism as entrepreneurial space." Journal of Enterprising Communities: People and Places in the Global Economy 9, no. 3 (2015): 233–52. http://dx.doi.org/10.1108/jec-02-2015-0022.

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Purpose – This study aims to intend to examine how African Pentecostals use the structure of their religion to re-enact their entrepreneurial ideals and uniqueness and develop enterprising attitude and altitude. Also to appraise how they manipulate their ethnic cultural assets and faith-based networks to stimulate and maintain their entrepreneurial activities. Design/methodology/approach – A case study of a specific religious organisation was exploited whereby a few number of adherents from a particular ethnic church in the UK were interviewed. The theoretical framework of Mead’s symbolic inte

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Lelono, Martinus Joko. "In the name of name of existence: Identity politics of the hare Krishna consciousness in Yogyakarta." Digital Press Social Sciences and Humanities 1 (2018): 00008. http://dx.doi.org/10.29037/digitalpress.41246.

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<p class="Abstract">What does normal mean? Referring to its meaning, normality is connected to the acceptance of people. According to Charles Taylor, it’s about recognition. Certain people take the recognition for granted, while others need significant effort. In Indonesian context, there are some religions that need to do significant effort to be accepted as normal. The law on the official religions makes minority groups tends to adjust their beliefs to one of the official religion. This research is about the struggle of The Hare Krishna Community in Yogyakarta to be recognized. As a ne

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Akbulut, Olgun, and Zeynep Oya Usal. "Parental Religious Rights vs. Compulsory Religious Education in Turkey." International Journal on Minority and Group Rights 15, no. 4 (2008): 433–55. http://dx.doi.org/10.1163/157181108x374752.

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AbstractDespite parents having primary responsibility, it remains the State's duty to ensure its citizens' education. The orientation of the State's education can be secular can religious; however, the State – having the discretion on curriculum – should comply with human rights principles by promoting pluralism and refraining from indoctrination. In this respect, discussions around religious education have been, and are, highly controversial. This has especially been the case for countries such as Turkey, which have pronounced religious minority groups in their territories. In this regard, th

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Holder, Ross. "On the Intersectionality of Religious and Racial Discrimination: A Case Study on the Applicability of ICERD with Respect to China’s Uyghur Muslim Minority." Religion & Human Rights 14, no. 1 (2019): 1–30. http://dx.doi.org/10.1163/18710328-13021144.

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Abstract As an officially recognised minority nationality in China, the Uyghurs’ unique religious identity is ostensibly protected under Chinese national law. In reality, such protections are limited in practice, with frequent claims by Uyghur activists, human rights NGOs and scholars that government policies result in the religious discrimination of the Uyghur population in Xinjiang. In light of the inefficacy of state legislation in protecting the Uyghurs’ religious freedoms, this article considers the protections offered within the Human Rights Treaty System of the United Nations (UN), of w

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Ruiz Vieytez, Eduardo J. "Religious Diversity: accomodation for Social Cohesion. Gaps in the legal protection of religious diversity: generic versus specific protection instruments." Deusto Journal of Human Rights, no. 8 (December 11, 2017): 13–26. http://dx.doi.org/10.18543/aahdh-8-2011pp13-26.

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The legal protection of religious diversity in plural societies is mainly supported by the human right to freedom of religion and belief, which is widely recognized under the international human rights law. However, interpretations of this law are far from univocal when it comes to managing the situation of persons whose religious beliefs are a minority. The so-called harmonisation practices are techniques to spread the content and exercise of this right. Similarly, the so-called Rights of minorities (as is the case of religious ones) also provide a protection framework, the scope of which has

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Almila, Anna-Mari. "Hijab, Sport and Schooling in Finland – from Principles to Practice." Youth and Globalization 2, no. 1 (2020): 38–64. http://dx.doi.org/10.1163/25895745-bja10003.

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This paper concerns the intersections between veiling, school and sport, focussing on both legislative elements and formal regulations, as well as the more micro-level practices of physical education teachers in school environments in Finland. Veiling is an extraordinarily politicised topic today, while also being an everyday dress practice engaged in by millions of women worldwide. Sport can be likewise politicised, and certainly is so in the case of veiling. Sometimes seen as resistance to patriarchal structures and cultural traditions, sometimes defended and justified using religious argume

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Hurd, Elizabeth Shakman. "ALEVIS UNDER LAW: THE POLITICS OF RELIGIOUS FREEDOM IN TURKEY." Journal of Law and Religion 29, no. 3 (2014): 416–35. http://dx.doi.org/10.1017/jlr.2014.18.

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AbstractProponents of minority rights are calling for urgent measures to protect the Copts in Egypt, the Ahmadiyya in Pakistan, and the Baha'i in Iran to secure religious diversity, shield minority populations from discriminatory practices, and prevent the outbreak of religious violence. State governments, international organizations, nongovernmental organizations, and international tribunals promote religious liberalization as the antidote to the violence and discord that is often attributed to these divisions. Enshrined in international agreements and promoted by a small army of experts and

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Wijayanto, Enggar, Wahidul Halim, and Faiq Tobroni. "PERDAMAIAN GEJOLAK PENCABUTAN IZIN RUMAH IBADAH DI BANTUL." TASAMUH: Jurnal Studi Islam 12, no. 2 (2020): 373–90. http://dx.doi.org/10.47945/tasamuh.v12i2.246.

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Sometimes when a permit for house of worship is revoked in one religion, the issue that arises is intolerance from the majority religious interest groups towards minorities. This kind of impression has also been heard when there was a church license revocation in Bantul, where there was a narrative that the Muslim majority group was intolerant towards Christian minority groups. This research found that the revocation of the permit for places of worship was legality under statutory regulations, which in this case it is the Bantul Regent Regulation. Although indeed it is debatable. But at the ve

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Markoviti, Margarita. "The 'filtering effects' of ECtHR case law on religious freedoms: legal recognition and places of worship for religious minorities in Greece." Religion 45, no. 3-4 (2017): 268–83. https://doi.org/10.1080/09637494.2017.1390871.

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Greece has received an exceptional number of convictions in religious freedoms cases by the European Court of Human Rights (ECtHR). Looking beyond the implementation/nonimplementation dimension, this study explores the ways in which ECtHR case law is diffused amongst religious minority groups ‘on the ground’ over two current debates: the legal status of religious minority groups and their right to found and run places of worship. Drawing on empirical research with a range of actors across the spectrum of religious pluralism, the original findings demonstrate that the actual groups

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Schouler-Ocak, M., and J. Moran. "Multiple Discrimination and Its Consequences for the Mental Health of Ethnic Minorities." European Psychiatry 65, S1 (2022): S16. http://dx.doi.org/10.1192/j.eurpsy.2022.65.

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Discrimination is a violation of human rights. The Universal Declaration of Human Rights proclaims in Art. 1 the equality of all human beings without distinction as to race, colour, sex, sexual orientation, religion, age or health. International law assigns three main characteristics to discrimination: disadvantageous treatment, based on unlawful grounds, and lack of reasonable and objective justification. Thus, it must be based on an unlawful characteristic: Ethnicity, religion, national or social origin, language, physical appearance, descent, gender, sexual orientation, age or disability. A

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Arifianto, Alexander. "Islam, Christianity, and the Formation of Secularism in Indonesia 1945-1960." Journal Of Global Strategic Studies 2, no. 1 (2022): 23–53. http://dx.doi.org/10.36859/jgss.v2i1.1053.

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In this article, I will apply the varieties of secularism theory developed by Elizabeth Shakman Hurd and Ahmet Kuru in the case of Indonesia. Following Kuru�s typology, I argue that Indonesian secularism resembles that of passive secularism. This form of secularism came about from an alliance between secular nationalists and a religious minority (Christianity). The alliance between the two groups had successfully prevented Islam from becoming a dominant religion when an independent Indonesian state was formed in 1945. It was also successful from preventing reformist Muslims from institut

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Adeliyan Tous, Sajjad, James T. Richardson, and Alireza Taghipour. "Using Law to Limit Religious Freedom: The Case of New Religious Movements in France." Religions 14, no. 7 (2023): 887. http://dx.doi.org/10.3390/rel14070887.

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France, with its approach to managing religion known as laïcité, has been almost unique among Western nations in its approach to religious freedom for minority religious groups and movements. In recent decades it has passed widely criticized laws in efforts to implement a program of social control over such groups, including both new religious movements (NRMs) as well as older religious groups that have functioned in France for many decades. Examining why and how this has happened helps reveal how religious freedom can be curtailed in a modern Western society using the legislative process and

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Giorgi, Alberta, and Pasquale Annicchino. "'Genuine' religions and their arena of legitimation in Italy – the role of the ECtHR." Religion, S 45, no. 3-4 (2017): 284–96. https://doi.org/10.1080/09637494.2017.1396803.

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In this contribution, we address the everlasting debate on the definition of religion from a multiscalar perspective. Supranational courts – and, especially, the European Court of Human Rights – gained a major legitimising role in this respect. One may thus expect that religious minorities with uncertain status look at supranational courts as attractive and favourable venues. The ‘local’ must be taken into account, too, in the complex government of religious diversity: decentralised policies and dif- ferent religious profiles make room for adapting the treatment of reli

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Chakrabarti, Anindita, K. C. Mujeebu Rahman, and Suchandra Ghosh. "Of Marriage, Divorce and Criminalisation." Journal of Legal Anthropology 6, no. 1 (2022): 24–48. http://dx.doi.org/10.3167/jla.2022.060103.

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In India, where religion-specific laws govern issues of marriage, divorce, maintenance, adoption and inheritance, the family laws of Muslims – the largest religious minority – have been a thorny issue in the post-independence period. In recent years, the major intervention in Muslim personal law reform came in the form of the invalidation of instant divorce or triple talaq by the Supreme Court of India. Subsequently, a law was passed that criminalised it. By delving into a close examination of recent judicial activism and by drawing on our ethnographic work with Muslim women in India, we show

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Hosegood, Ceppy. "Issues in the Adoption of Irish Children." Adoption & Fostering 17, no. 1 (1993): 37–39. http://dx.doi.org/10.1177/030857599301700110.

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MERTENS, THOMAS. "Defending the Rawlsian League of Peoples: A Critical Comment on Tan." Leiden Journal of International Law 18, no. 4 (2005): 711–15. http://dx.doi.org/10.1017/s0922156505002979.

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In his well-written and well-argued paper ‘International Toleration: Rawlsian versus Cosmopolitan’, Kok-Chor Tan raises the important question as to where the limits of toleration are to be drawn. This is an important issue not only from the perspective of international law, but also for any domestic society. Toleration is never an automatic element or quality of any society, but has to be defended against the ever present danger of intolerance and repression. This is especially the case in the post-9/II era with regard to Islam, as it is not always easy to separate serious analysis of this re

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Hossain, Kamrul. "Hunting by Indigenous Peoples of Charismatic Mega-Fauna: Does Human Rights Approach Challenge the Way Hunting by Indigenous Peoples is Regulated?" International Community Law Review 10, no. 3 (2008): 295–318. http://dx.doi.org/10.1163/187197308x346823.

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AbstractTwo International Covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) in common Article 1 highlighted that 'all peoples' have the right to self-determination to freely determine their 'political status' and freely dispose of their 'natural wealth and resources'. The International Covenant on Civil and Political Rights, in Article 27 provides protection of the rights belonging to minority cultures, religion and language. The idea of 'indigenous peoples' was apparently an underdeveloped area at the ti

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