Religious Freedom Research Articles

RELIGIÃO E SAÚDE DA MULHER: UMA ANÁLISE ACERCA DO DESESTÍMULO AO USO DE MÉTODOS CONTRACEPTIVOS POR MÉDICOS CRISTÃOS

The following article is a study and a reflection about women’s reproductive rights, through the use of contraceptive methods, that are blocked by medics that take reason in religious reasons to refuse themselves to prescribe them. Was made an analysis on the historical aspects of women’s rights, especially the ones about contraceptive methods, where they came from, the catholic’s church trajectory as fundamental part of the mass control through history an what the federal consil of medicine brings on their statutes to support both sides of this study, the health’s right and the right of religious freedom. The article was made through bibliographic research and has as it’s goal propose a reflection on the religious freedom’s limits when talking about woman’s reproductive health.

Religious Freedom and Anti-discrimination Laws: A Comparative Study of the US and the UK

This paper examines religious freedom and anti-discrimination laws in the United Kingdom and the United States, exploring the similarities and disparities between the two countries in terms of legal protection of religious rights and prevention of discrimination. At a time when global religious diversity and immigration issues are becoming more and more prominent, countries are facing new challenges in the relationship between religion and law. By means of comparative analysis, this paper first summarizes the legal frameworks of the two countries, and then explores the roles of their respective legal systems in protecting religious freedom and preventing discrimination in the light of typical cases. It is found that the UK prefers the influence of the European Court of Human Rights, while the US has constructed a unique legal system at the federal and state levels. Meanwhile, in the handling of cases, the United States is simply more inclined to protect the individual right to freedom of religion and impose severe restrictions on the government, while the United Kingdom is more willing to balance individual rights to freedom of religion with the common good of society. Finally, based on the results of the study, recommendations are made to improve the legislation and implementation of this aspect in each country.

Employment Rights of Teachers in Faith Schools: Maximising the Religious Rights of Schools and Staff

Employment Rights of Teachers in Faith Schools: Maximising the Religious Rights of Schools and Staff

Giving Effect to Freedom of Religion through the Advancement of Religion? A New Zealand Charity Law Perspective

Abstract The legal frameworks of the human right to freedom of religion and the charity law doctrine of the advancement of religion sit at opposite ends of the legal scale by virtue, inter alia, of the former being a right that protects against a social injustice and the latter being a discretionary benefit bestowed upon beneficiaries and even that discretionary benefit is governed by stringent charity law principles. Consequently, it may be seen that the discretionary benefits bestowed by the advancement of religion might be at odds to the right to freedom of religion. As a result, this article considers whether the advancement of religion can give effect to the freedom of religion, and if not, whether any such limitations may be justified in a democratic society. Thus, this article explores a number of key legal issues pertaining to religion through the charity law lens from a New Zealand perspective, and in doing so, sheds some light on the relationship between the freedom of religion and the advancement of religion.

Navigating the Secular Landscape: Religious Discourse on Transgender Rights in the United Kingdom

Transgender people face high rates of discrimination and health problems yet supportive policy measures are often opposed, especially by religious organisations adhering to cis-normative theologies. Scholars exploring the links between religion and transgender issues have examined a number of themes, but the way religious actors discursively frame transgender issues remains under-researched. This article contributes to work in this area by using the concept of political opportunity structures to examine the discourse of religious groups on the 2022 Scottish Gender Recognition Reform Bill. The study shows that arguments were typically framed in secular terms, drawing on the epistemic authority of science and a language of individual rights. Supporting groups used arguments designed to highlight the difficulties that transgender people face. Oppositional groups used themes based on biological essentialism, concern for the well-being of trans people, the risks to cisgendered women and warnings about the negative impact on society and religious freedoms.

Accepting or criticizing religion in the process of globalization

Religion, a belief system closely linked to social life, is the subject of research analyzing religious tolerance and criticism in the struggle for human rights. The issue of religious tolerance and criticism will be clarified based on human rights and religious rights. In addition, the relationship between personal ethics and religious ethics is also different, in which the method of combining humanistic philosophy and social philosophy is used to clarify the complex relationships between religion, people, and society, especially the power and role of individuals in religious communities. Research shows that religion influences behavior and shapes people's value systems and rules of life. However, these value systems sometimes lead to discrimination and conflict. From there, the article concludes that religion is a product of human beings, and its existence can be both a positive and an opposing force in society, depending on specific historical conditions. Studying religious tolerance or criticism is essential to building a harmonious society. People must respect the diversity of beliefs and seek common values in reclaiming human rights in globalization.

Protocol for a cross-sectional study on factors affecting health-related quality of life among Afghan refugees in Pakistan

Background Pakistan served as a host for more than 1.4 million Afghan refugees for more than 40 years. Access to health care is the most important issue faced by refugees, because they might be at a higher risk for certain diseases. This risk can be attributed to a lack of awareness of health care facilities, health beliefs, inadequate hygiene, cultural differences, and malnutrition. Health of individuals is closely associated with their quality of life. Quality of life over the whole lifespan is pivotal to overall life satisfaction. It includes physical wellbeing, mental health, education, occupation, income, personal safety, as well as (religious) freedom. Until now, the health status of Afghan refugees has never been comprehensively investigated in Pakistan. Therefore, an assessment in this regard is needed to explore their health-related quality of life, for securing their human right to health. Methods A cross-sectional study has been designed to describe and explain the health-related quality of life of Afghan refugees in Pakistan. Multistage cluster sampling was applied for selection of study participants. The number of respondents from two regions in Pakistan was drawn through a proportionate sampling technique. A quantitative research method using pre-validated questionnaires was used for data collection. The questionnaire included items to assess well-being, mental health, health literacy, and factors affecting health and health care. Descriptive analysis was used, whereas inferential statistical tests (binary logistic regression model) was also performed. The study received ethically permission by the Advanced Studies and Research Board of the University of the Punjab, Lahore, Pakistan. Discussion The assessment of Afghan refugee’s quality of life in Pakistan should lead to recommendations disseminated to public and health care officials. This evidence is needed for policymaking related to adequate measures for improving health conditions of Afghan refugees in Pakistan.

Politicization of the Jewish and Muslim minorities in Poland

With Poland’s political transformation after 1989, religious minorities including Jews and Muslims gained more autonomy and support from the state authorities. At the same time, the liberal democracy principles of religious equality and the state’s neutrality have still not been fully implemented. The paper focuses on this problematic situation, using the concept of politicization to portray the situation of the Jews and Muslims in contemporary Poland, and their relations with the Polish state. It presents four instances of politicization of religious minorities (specifically, Muslims and/or Jews). The research is based on public surveys, interviews with members of the Jewish and Muslim communities, legal documents, and NGO reports. According to the hypothesis of the paper, Muslims and Jews are significantly politicized in the Polish public discourse, and both communities play significant roles in shaping the political identity of the Polish polity. Their roles differ in character due to historical factors and the contemporary international context.

Exploring the Dimensions of Religious Freedom: A Global and Comparative Analysis

Religion constitutes a fundamental aspect of the cultural and spiritual lives of individuals globally, encompassing an array of traditions, rituals, and practices. Within the context of liberal democracy's evolution, religion emerges as a critical element of political liberty and personal conscience. On an international scale, the right to religious freedom has been established as a core human right, essential for the sustenance of democratic governance. Despite its recognition, the right to religious liberty remains a highly contentious issue. Even in democracies that provide constitutional protections for religious freedom, debates persist regarding the extensive interpretation and implementation of this right, particularly concerning the rights of religious minorities within these nations. This study explores the concept of religious freedom as a globally recognized right, examining its representation and interpretation across various international and regional legal frameworks. Through this analysis, the paper endeavors to provide a comprehensive overview of religious freedom on both a global and regional scale. Furthermore, it delves into the state of religious freedom in various political systems, ranging from democracies such as United States to theocracies and monarchies like the United Kingdom and countries characterized by a strict demarcation between religion and state affairs, exemplified by France's secularist approach.

Homophobic Statements, a Bishop, and the Limits of Freedom of Expression. An In-Depth Commentary on ECtHR 31.08.2023, Amvrosios-Athanasios Lenis v. Greece, no. 47833/20

Dichiarazioni omofobe, un vescovo e i limiti della libertà di espressione. Un commento approfondito su CEDU 31.08.2023, Amvrosios-Athanasios Lenis v. Greece, no. 47833/20. ABSTRACT: The decision of the ECtHR of 31.08.2023, Amvrosios-Athanasios Lenis v. Greece (no. 47833/20), is a further step toward an increasingly dense jurisprudence on “hate speech” and the limits of freedom of expression. The public proclamation of religious doctrines that are in conflict with the values of the contracting States enshrined in the ECHR is protected to a certain extent by the fundamental right of freedom of religion and belief. However, the qualification of a statement as religious does not justify “hate speech.” The AUTHOR shows the tension between freedom of religion, freedom of expression, and protection against discrimination, and analyzes the decision against the backdrop of Article 17 of the ECHR (prohibition of abuse of rights). SOMMARIO: 1. Preliminary Remarks - 2. The Concept of Hate Speech - 3. The Facts of the Case - 4. The Procedure and Reasoning of the Court - 4.1 The ECtHR’s Preliminary Considerations on Fundamental Rights - 4.2 Legal assessment - 4.3 Some Remarks on (the Non-Invoked) Article 9 of the ECHR - 5. Concluding Remarks.

Accounting documentation of the bankruptcy of Emperor Matthias of Habsburg in 1615: archival sources and research possibilities

ABSTRACT Based on archival research, this study presents a hypothesis that significantly changes the interpretation of the causes of the economic and political conflict in Bohemia in 1618. The results demonstrate that the deciding impulse was the uncontrollable indebtedness of the monarchy which resulted in a sovereign default (1615). The Bohemian Diet refused to guarantee the government bonds which resulted in their loss of value. Between 1615 and 1618, along with the fight for preservation of religious freedom, a strenuous fight for fiscal reform and control of economic resources was in motion. The creditors – European politicians, bankers and generals – wanted the monarch to take over Bohemia with force in order to be able to pay off the outstanding debts. The data regarding the monarchical credit crisis in Bohemia between 1615 and 1618 have not been analysed scientifically up to this point. In this study, the author presents the main documentary sources available on this issue to encourage further research and highlight the value of interdisciplinary dialogue.

The origins of ‘civil rights and religious liberties’ in the Belfast–Good Friday Agreement

The origins of ‘civil rights and religious liberties’ in the Belfast–Good Friday Agreement

‘To Each Their Own’

Abstract In 2014 a violent encounter unfolded at the royal cemetery of Betsioka between Christian evangelists and their antagonists: spirit mediums, shrine caretakers, and monarchical-ancestral spirits (tromba). The narratives provided by members of the Malagasy Church of Jesus Christ, alongside those offered by spirits and their human supplicants, paint an intimate portrait of the two groups’ competing ideologies. The event emerged from longstanding tensions between indigenous Sakalava communities and highlander Protestant migrants who demonize possession rituals attached to the Sakalava monarchical system. Critically, both parties mediated their disagreement through the shared understanding that each individual has a unique destiny and should be free to follow their own religious commitments. Discourse on predestined individual difference challenged the actions of evangelists who saw the ‘traditions of the ancestors’ as incommensurable with Christian life. Increasing Christian nationalism on the island highlights the awkward place that aggressive proselytization occupies in religious rights debates.

RELIGIOUS COMMUNITIES AND THE FREEDOM TO PRACTICE RELIGION IN NORTH MACEDONIA

One of the most important assets that human society has inherited since its existence until now undoubtedly is the religious diversity. The freedom to practice religion or belief cannot be subjected to other restrictions except those provided by law which make up necessary measures in a democratic society including public security, public health and ethic order protection or for the protection of rights and freedoms of others. The protection and guarantee of freedom of religious belief, the right not to be affined to any other religion or belief as well as the opportunity that religious communities to practice their religion unhindered are the fundamental elements of the religious freedom right foreseen in democratic constitutions. Therefore, if the religious freedom in all its aspects it is not being implemented and guaranteed within a community or state indicates disrespecting of human rights and lack of constitutional values. The Constitution of Republic of North Macedonia, approved on November 17, 1991, defines the basic framework into which state relations with religious organizations are proceeded and examined, as well as the guarantees of religious freedom. Since its independence until today, in Republic of North Macedonia, the ideological and political pillars defining the Macedonian model of secularism have not always functioned in complete harmony and cohesion. This conclusion derived by the nature of legal provisions approved in this area, which are going to be discussed in this work of study.

Redefining Protection: Challenges and Solutions in Safeguarding Religious Minorities within International and Regional Legal Frameworks

This paper examines the challenges in defining and safeguarding religious minorities within international and regional legal frameworks. It explores the main research question of how existing legal instruments and definitions impact the protection of religious minorities and aims to propose recommendations for improving these protections. Through a literature review and critical analysis of international and regional legal frameworks, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and various regional instruments, the paper identifies significant gaps and inconsistencies in current protections. Key issues highlighted include the lack of a universally accepted definition of religious minorities, the limitations of international and regional instruments, and the varying interpretations of religious rights by bodies such as the European Court of Human Rights. The paper concludes with recommendations for clearer definitions, more robust legal provisions, and enhanced international and regional cooperation to better safeguard the rights of religious minorities. The findings emphasize the need for more effective approaches to protecting religious diversity and ensuring proper representation.

ЖАЗУШЫ А. КЕМЕЛБАЕВА ӘҢГІМЕЛЕРІНДЕГІ ТҰЛҒА КОНЦЕПЦИЯСЫ

The article discusses the concept of personality in the stories of the writer A. Kemelbaeva. The concept of personality in the work is the result of the author's worldview, position. Personality is the carrier of the author's point of view. The main goal of the scientific work is to consider the entire close unity between the author and the person on the basis of the writer's stories, analyze the features of the creation of images and the cognitive-ideological nature, the individuality of the approach. Although the images in the author's stories are simple working people of various fields, they are educated people of today's time, savvy in the phenomena of the world. Feeling the mystical power of creation and understanding it, he relies on the beliefs of the people. He believes in the truth of the creator, in his power. It is noted that freedom of belief, morality, and its significance in human life are one of the main characteristics of the writer's heroes. The main direction in his works is rooted in the best examples of World Literature; his stories are distinguished by an unexpected plot development, a rich artistic solution and content, National color. The scientific and practical significance of the work is that it contributes to literary studies in the study of the process of development of modern Kazakh prose, artistic searches and the continuation of traditions. After all, A. Kemelbaeva is a writer who does not repeat others, always brings innovations to Kazakh literature with his fresh searches and stylistic individuality. Especially in his stories, the mythical-mystical character, the detective line, ethnographic scenes, the revived use of traditional examples of oral literature express the author's stylistic individuality, the specifics of the artistic worldview. In the philological analysis of literary texts, biographical, historical-social, structural-descriptive, psychoanalytic methods were used. The results of the research work can be used in special courses of Philology of higher educational institutions, lectures on modern Kazakh literature. The theoretical and practical significance of the results of the work is characterized by the identification of the main place, historical nature and other features of the concept of personality in literary studies in the analysis of a work of art.

Responsible Religious Freedom: Factual Scrutiny in Free Exercise Doctrine

Abstract The state of the Free Exercise Clause in U.S. constitutional law is uncertain. With an opportunity in Fulton v. Philadelphia to clarify the vitality of the current standard from Employment Division v. Smith, the United States Supreme Court has declined to do so. The lasting impact of Smith has been to move away from directly requiring government justifications for infringing free exercise. Instead, courts now use neutrality and general applicability as heuristics for government justification. Yet, relying solely on neutrality and general applicability to proxy for government justification when infringing religious exercise distracts courts from conducting a fact-based inquiry. This article demonstrates how more scrutiny of the legislative facts in free exercise doctrine may serve as a viable alternative to Smith’s flawed approach for evaluating government justifications. The author first shows empirically how more factual scrutiny—directly requiring the government to justify its actions with evidence—can benefit government and religious claimants and then discusses the normative advantages of a fact-intensive approach to constitutional scrutiny. During a moment of sharp division over religious freedom and other competing rights, factual scrutiny can be a powerful tool for handling free exercise challenges and promoting responsible religious freedom.

AFTER ATHEISM: A SOCIOLOGICAL EXAMINATION

The fall of communism and the collapse of the Soviet Union, the processes of nation building in five Central Asian states have changed the status of religion in these post-soviet countries. The religious freedom is recognized as one of the fundamental humans right in the Republic of Kazakhstan. This essay aims to highlight a unique form of secularism in Kazakhstan, one that is based on the low level of everyday religiosity and evidence that the eventual expansion of Islam in the physical and spiritual spaces does not negate the influence of established secular cultural attitudes. This study examines Kazakh religiosity through a comparative examination of World Values Survey data from 2011 and 2018. The examination of the features of religiosity and the proposition of the distinction between a believer and a religious person define this paper’s subject. The empirical data indicates that Islam has the capacity to transcend moral norms, despite the fact that the majority of Kazakhs' national attitude does not align with Islamic religion in the twenty-first century. Finally, the study draws the conclusion that since most people in post-atheistic Kazakhstan continue to keep secular attitudes, state policy must preserve the secular character of the state while adjusting state-confessional relations to changing Kazakhstan's religious landscape.

THE ROLE OF RELIGIONS IN POST-SOVIET COUNTRIES AND EXAMPLES OF THEIR RELATIONS WITH STATES

It should be noted that the constitutional requirements for the regulation of freedom of religion and the issues of determining the relationship between the church and the state were not highlighted in the Soviet system. From the declaratory point of view, the constitutions of this country were partially similar to the constitutions of the West, which allowed their reception in the constitutions of national states even after the communist regime. In the communist space, the freedom of religion was considered from atheistic positions, and Ro-Gortz Luchterhandt in his work "Development of religious legislation in Eastern Europe" would say: the communist system is a state system hostile to religion. The hostility to religion began with a claim to science. This was also supported by the anti-religious and atheistic understanding of freedom of conscience. Freedom of conscience was not a legally guaranteed autonomy for each individual to choose according to custom and religious responsibility in favor of what is truly known. It rather meant freedom of conscience from religion. Because of such doctrines, religion was displaced from public life into private life.

Quran's Insight On Human Rights

This study focuses on the growing global debate about human rights and the role of religion, particularly Islam, in shaping these concepts. The research aims to analyze the Quran's perspective on human rights, identifying fundamental principles that affirm universal values such as justice, Freedom, and equality. This study employs a qualitative method with a textual analysis approach to relevant Quranic verses. The findings reveal that the Quran explicitly recognizes fundamental human rights, including the right to life, Freedom of religion, and protection from oppression. The discussion also highlights that a comprehensive and contextual interpretation of the Quranic verses is necessary to understand the Islamic perspective on human rights in the modern context. The study concludes that the Quran provides a solid ethical and moral foundation for human rights, but its application depends on proper interpretation by Muslim communities worldwide. The research suggests the need for further dialogue between religious traditions and international law to support the global protection of human rights.