The right to religious freedom in international law : between group rights and individual rights PDF
Preview The right to religious freedom in international law : between group rights and individual rights
The Right to Religious Freedom in International Law This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and applica- tion of religious freedom must be understood as a confl ict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and non- Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with interna- tional human rights law. The book also considers the position of women’s religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups. Anat Scolnicov is lecturer and fellow in law of Lucy Cavendish College and deputy director of the Centre for Public Law, University of Cambridge. Routledge Research in Human Rights Law Available titles in this series include: The Right to Development in International Law The Case of Pakistan Khurshid Iqbal Global Health and Human Rights Legal and Philosophical Perspectives John Harrington and Maria Stuttaford Forthcoming titles in this series include: The Human Right to Water and its Application in the Occupied Palestinian Territories Amanda Cahill Emerging Areas of Human Rights in the 21st Century The role of the Universal Declaration of Human Rights Marco Odello and Sofi a Cavandoli The European Court of Human Rights in the Post-Cold War Era Universality in Transition James A. Sweeney Children and International Human Rights Law The Right of the Child to be Heard Aisling Parkes Ensuring and Enforcing Economic, Social and Cultural Rights The Jurisprudence of the UN Committee on Economic, Social and Cultural Rights Marco Odello and Francesco Seatzu Human Rights Monitoring Mechanisms of the Council of Europe Gauthier de Beco International Human Rights Law and Domestic Violence The effectiveness of international human rights law Ronagh McQuigg The EU as a ‘Global Player’ in Human Rights? Jan Wetzel Human Rights in the Asia-Pacifi c Region Towards Institution Building Hitoshi Nasu and Ben Saul Vindicating Socio-Economic Rights International Standards and Comparative Experiences Paul O’Connell The Right to Religious Freedom in International Law Between group rights and individual rights Anat Scolnicov First published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2010. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk. © 2011 Anat Scolnicov The right of Anat Scolnicov to be identifi ed as author of this work has been asserted by her in accordance with the Copyright, Designs and Patent Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Scolnicov, Anat. The right to religious freedom in international law : between group rights and individual rights / Anat Scolnicov. p. cm. Includes bibliographical references. ISBN 978-0-415-48114-4 (hardback) – ISBN 978-0-203-84263-8 (ebook) 1. Freedom of religion. 2. Freedom of religion (International law) 3. Human rights. 4. Women–Legal status, laws, etc. 5. Children–Legal status, laws, etc. 6. Freedom of speech. I. Title. K3258.S46 2011 342.08´52–dc22 2010012076 ISBN 0-203-84263-4 Master e-book ISBN ISBN 10: 0-415-48114-7 (hbk) ISBN 13: 978-0415-48114-4 (hbk) ISBN 10: 0-203-84263-4 (ebk) ISBN 13: 978-0203-84263-8 (ebk) Dedicated to the memory of my grandparents, Sonia Bergmann, Felix Bergmann, and Israel Shekel Contents Table of abbreviations xvi Table of authorities xvii Table of cases xxi Table of statutes xxix Preface xxxii Introduction 1 1 Existing protection of religious freedom in international law 9 1.1 Historical underpinnings 9 1.2 Right to freedom of religion in the major UN documents 11 1.3 The International Human Rights Covenants 12 1.4 The UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion and Belief (1981) 13 1.5 International documents relating to national, religious and linguistic minorities and to indigenous peoples 14 1.6 Regional instruments 16 1.6.1 The A mericas 16 1.6.2 Africa 16 1.6.3 Europe 16 Notes 18 2 Why is there a right to freedom of religion? 23 2.1 Introduction 23 2.2 Can freedom of religion be a group right? 24 2.2.1 What would a group right be? 25 2.2.2 How to identify a group 26 2.2.2.1 Self-identifi cation 26 2.2.2.2 Identifi cation by the group 26 2.2.2.3 Objective identifi cation 27
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