Full Description
This book provides an in-depth, scholarly reflection on the challenges that arise in guaranteeing religious freedom and protection of the rights of religious minorities in law and practice. Currently, the protection of religious minorities constitutes one of the foundations of the international human rights protection systems and is provided for in the constitutions of all democratic states. The volume identifies, analyses, and assesses the legal status of religious freedom and protection of religious minorities, with special focus on Jewish and Muslim minorities in the European and Israeli legal environments. It compares the discourses on the scope and boundaries of religious freedom with the actual treatment of religious freedom in legal regulations, the case law, and in practice by the general society. The book employs the resources of comparative law and national and international law, as well as legal theory. Extensive use is also made of decisions of the international courts, including the European Court of Human Rights and the Court of Justice of the European Union. The book will be a valuable resource for academics, researchers, and policymakers working in the areas of law and religion, international human rights law, comparative constitutional law, and religious studies.
Contents
Foreword - Adv. Meir Linzen (President of the International Association of Jewish Lawyers and Jurists) Prologue: The Boundaries of Religious Freedom in Democracies (Raphael Cohen-Almagor) Introduction: Religious Freedom and Religious Minorities in Contemporary Europe and Beyond (Aleksandra Gliszczyńska-Grabias and Aviad Hacohen) Part 1: Jewish and Muslim Minorities as Vulnerable Groups under International Human Rights Law 1. The ECtHR, the CJEU and the Protection of Religious Minorities: A Mixed Scorecard (Kristin Henrard) 2. Strengthening the Protection of Religious Minorities by Establishing a New Universal Human Rights Treaty: A Necessary or Redundant Effort? (Aleksandra Gliszczyńska-Grabias) 3. The Concept of Vulnerability in the Context of Religious Minorities (Grażyna Baranowska) Part 2: Duty of Religious Neutrality and Impartiality 4. Free Speech and Religious Sensitivity: Between Today's State-Sponsored SLAPPing and Careful Balancing of Competing Interests (Marcin Górski) 5. Employers' Duties to Respect the Religious Freedom of Employees at the Workplace - Recent Developments (Ioanna Tourkochoriti) Part 3: Shechita and Traditional Circumcision Bans 6. Shechita Legal Bans in the Comparative Perspective (Historically and Today) (Iddo Porat) 7. Animal Welfare and the Right to Freedom of Religion Before the CJEU: The Case of Stunning and Ritual Slaughter (Gerhard van der Schyff) 8. Ritual Male Circumcision and Children's Rights (Rhona Schuz) Part 4: The Constitutional Boundaries of Religious Accommodation of Jewish and Muslim Minorities: National Perspectives 9. The Constitutional Boundaries of Religious Accommodation: The Israeli Perspective (Aviad Hacohen) 10. Jewish and Muslim Claims to Religious Freedom, Participation and Benefits under Article 4 (1) and (2) of the German Basic Law - and their Constitutional Limits
(Hans Michael Heinig) 11. Recent Developments in Belgian Case Law on the Regulation of Relations between the State and Religions (Stéphanie Wattier) 12. Lethargy in the UK: How Not to Accommodate Religion or Belief (Russel Sandberg) 13. Laïcité, the legal framework for the exercise of minority religions in France (Francois Finck) Epilogue: The Amicus Curiae Opinion of the International Association of Jewish Lawyers and Jurists for the CJEU Shechita case (Joseph Weiler)
