Religious Freedom Research Articles

Human Rights between Non-governability and Political Culture – A New Approach in Human Rights Analysis

This article calls for a new approach in human rights analysis. It points out on a new definition of human rights as a collection of practices in the policy areas of a given specific human right. The article analyzes the politics and strategies of defending human rights. To do so, it integrates the tools of social choice theory with a unique institutionalist perspective that looks at both formal and informal factors. The analysis is novel in two important aspects. Based on institutional theory and social choice, we develop a theory that explains the political aspect of human rights policies in general as well as the functions of several players in the political arena, particularly politicians, bureaucrats, interest groups and the public. These political players operate amid three structural variables. The first is non-governability, that is the inability of the political system to formulate and implement systematic policy plans. Non-governability arises in an environment with a sectarian electoral system that is restricted to a particular group and a traditional public management system that is not oriented towards outcomes and efficiency. The second characteristic is a political culture that promotes short-term calculations over long-term goals. In its extreme form, this culture gives rise to alternative politics, a semi-legal pattern of do-it-yourself behavior that favors outcomes over process. The third characteristic is the judicialization of politics, the situation in which the legal system partially replaces the other authorities in a state. A case study in this paper attempts to examine the factors explaining the Mehadrin’ buses policy making on public transportation in Israel. The separation between men and women on these buses harms the constitutional principles of equality, human honor and dignity and freedom of religion and conscience.

The Rohingya: Between a Rock & a Hard Place

The Rohingya are an oppressed Muslim ethnic minority primarily from Rakhine State in western Myanmar. The government considers them Bengali and has removed their citizenship rights. Since 2017, over 1 million have crossed the border into Bangladesh, where they live in extensive refugee camps. Bangladesh is pushing for them to be repatriated, but the Rohingya are refusing until it is safe to do so. The situation has become more complicated since the military coup d'état of February 2021, where Ethnic Armed Organisations (EAO) and citizen groups have taken up arms against the military (Tatmadaw). Alliances between the EOAs are transactional, as are alliances between various EOAs and the military. In Rakhine state, the Arakan Army, which supports a Buddhist state, is destroying Rohingya villages, as is the Tatmadaw. Cases are proceeding against Myanmar in the International Criminal Court and the International Court of Justice concerning allegations of crimes against humanity and genocide. The legal basis for these cases is described in detail. Unless Myanmar becomes a genuinely multi-ethnic society with religious freedom, the position of the Rohingya will remain dire. Keywords: Rohingya, ethnic conflict, sectarian conflict, genocide, crimes against humanity

Marching Backward? Conservative Civil Society, Freedom of Religion, and the Peace Process in Northern Ireland

Marching Backward? Conservative Civil Society, Freedom of Religion, and the Peace Process in Northern Ireland

Evropský soud pro lidská práva a islámský šátek. Náboženská svoboda versus sekularismus

As the proportion of migrants from different cultures increases in European countries the number of cultural conflicts concerning e.g. the wearing of religious symbols will increase as well. Those conflicts call for a solution which is in line with the principles of democracy, rule of law and the protection of fundamental rights and freedoms. In this context the European Court of Human Rights plays a fundamental role. In its former judgements of 200 I, 2005 and 2006 the Court reached at the conclusion that the prohibition of the Islamic scarf at schools in Switzerland and Turkey was in line with the principle of religious freedom which is laid down in Article 9 of the European Convention. In 2008 the Court dealt with secularism and religious freedom in France. In the cases of two female pupils excluded from French schools for having worn the Islamic scarf in class the Court found that the principle of secularism is compatible with Article 9 of the Convention. In general, the Court is very reserved as far as religious matters are concerned. Such restrictive interpretation is rather untypical for a Court which understands the Convention as a living instrument.

Human Rights in Occupied Tibet: A Succinct Study of Consistent Atrocities and Genocide

The discussion surrounding Tibet and China has been a prominent topic of global conversation for a considerable period of time. Tibetans have advocated for self-determination and engaged in nonviolent efforts to establish an independent state. Tibetans in exile have undertaken many initiatives to garner international assistance and backing, including the establishment of student organisations worldwide to advocate the restoration of their autonomous statehood, organising peaceful demonstrations against the Chinese government’s acts of violence, and engaging in writing endeavours to reinforce their objections. China flagrantly violates the Human Rights of Tibetans, posing a grave threat to the preservation of Tibetan culture. Nevertheless, the international community appears to be taking no action. Accusations of human rights breaches and deliberate cultural destruction are grave charges levelled against China. This could be termed cultural annihilation or cultural genocide in general terms, involving deliberate acts that go beyond the physical and biological dimensions of a population in the pursuit of destroying its broader institutions. The research will extensively examine cultural genocide, a heinous crime that warrants significant attention. However, this research encompasses more than just this aspect and also addresses other international legal norms. This research paper will examine critical human rights issues, including the deaths of political prisoners resulting from torture and lack of proper medical care, the People’s Republic of China’s failure to provide sufficient education, high child mortality rates, forced sterilizations, and maternal health concerns, especially in Tibetan areas. The paper will also explore religious persecution and the struggle for self-determination among Tibetans. This paper attempts to grossly analyse the violation by China on Human Rights of Tibetan people. This study will use a multi-dimensional methodological approach involving doctrinal and analytical strategies as well as qualitative fieldwork. Secondary materials engaged include books, research papers, and international reports. Historical analysis contextualized Tibet’s socio-political status before and after its annexation, while thematic categorization of issues such as religious freedom, resource exploitation, and cultural genocide provided a structured framework for analysis.

The Role of Husbands in Teaching Hinduism to Sudhi Wadani Wife in Interfaith Marriages

Interfaith marriage in Indonesia is a complex issue that involves legal, social, and religious dilemmas. Marriages must be legal under both religious and state law, which requires the bride and groom to be of the same faith to be recognized as religiously valid. This provision has caused controversy and injustice, especially regarding religious freedom and human rights in a multicultural society. The Study aims to focuses on the role of husbands in providing an understanding of Hinduism to wives who have undergone Sudhi Wadani who previously adhered to other religions, especially in the context of interfaith marriages. This research uses a qualitative, phenomenological method, in-depth interview techniques, and participatory observation. was conducted in Palu City in 2024 with 13 informants husband. The results showed that the husband plays a central role in guiding his wife to understand the teachings of Hinduism, which is realized through direct teaching, accompanying in religious activities, and being a role model. The obstacles husbands face include limited religious knowledge, lack of time due to busy work, and wife's sensitivity. The strategies husbands apply to overcome these obstacles include inviting wives indirectly to engage in religious activities, patient communication, and utilization of religious communities to learn. This concludes that the husband's role in guiding his wife to understand the teachings of Hinduism in an interfaith marriage is vital and requires consistent, flexible, and practice-based efforts. Practical recommendations for interfaith couples and relevant institutions to strengthen support for Hindu husbands of wives who have undergone Sudhi Wadani in interfaith marriages.

Legal regulation of pastoral care in health care institutions of the Visegrad Group countries

The article examines the peculiarities of the legal regulation of the institute of medical chaplaincy in the countries of the Visegrad Group. The current state of regulation and functioning of the institute of medical chaplaincy in Hungary, Slovakia, Czech Republic, Poland is analyzed. The constitutional provisions enshrining the right to freedom of conscience and religion are outlined. The similarity of the definition of this fundamental right in the basic laws of the states, which is the basis for the implementation of pastoral care in health care institutions, is established. The author analyzes the legal acts that enshrine the possibility of exercising the right to pastoral care in health care facilities, the legal status of chaplains, the conditions of their activities, and the interaction of religious organizations with hospitals or hospitals in order to provide patients and other persons with pastoral care. The author identifies differences in the legal regulation of this institution in the analyzed countries, in particular, in terms of the level of legal acts and the scope of regulation. The peculiarities of the chaplaincy institute in the countries of the Visegrad Group are determined, depending on the model of church-state relations and the status of religious organizations. Some aspects of the functioning of the institute of medical chaplaincy in Hungary, Slovakia, the Czech Republic and Poland are investigated, namely the range of tasks, powers of chaplains and sources of financing their work from the funds of health care institutions or at the expense of religious organizations. The differences in the status of medical chaplains in terms of qualification characteristics are outlined. For example, in Hungary there are no requirements for chaplains. In contrast, the Czech Republic clearly establishes the requirement of higher education and further specialization. The conclusions emphasize the key role of chaplains in ensuring the rights of patients and healthcare professionals to freedom of religion. The author emphasizes the need for further improvement of the institute of medical chaplaincy in Ukraine, taking into account the experience of the Visegrad countries.

The Legal Definition of Religion in the Context of Modern Religious Exercise with Psychedelics: Protection, Double Standards, and Potential Expansion under RFRA

In the United States, the convergence of religious freedom and the prohibition of controlled substances is legally complex, increasing, and evolving. As interest in psychedelic religious practices expands, legal protection of religious exercise pursuant to the First Amendment and the Religious Freedom Restoration Act (RFRA) enables certain religious communities to use controlled substances in rituals through exemptions from the Controlled Substances Act (CSA). RFRA was enacted in response to a Supreme Court case that failed to safeguard sacramental drug use as a legitimate religious exercise and requires application of stricter analysis of federal government activities that infringe religious freedom. Key to this protection is defining what constitutes a legitimate religious belief when it involves illegal substances. By analyzing court precedents, this essay explores how the legal definition of religion has preferred Judeo-Christian concepts and determined, with a bias, that psychedelic religious practices are not recognizable enough as religious. It argues that the evolving nature of society and religious practice necessitates a reevaluation of legal standards to ensure that the legal right to religious exercise, as applied and intended, protects the minority and remains consistent with modern expressions of faith and ritual.

The right to opt out: a comparative analysis of exemption schemes in Scandinavian public schools and the impact of cultural bias

ABSTRACT As societies become increasingly diverse, questions arise about how the state can accommodate cultural and religious plurality while safeguarding fundamental human rights, such as freedom of religion and the right to education. Despite contextual variations, many states and education systems are affected by common supranational processes and face many of the same legislative challenges in drawing boundaries between what is considered religion and non-religion in public schools and in identifying those subjects and activities from which pupils should be entitled to exemption based on their religious backgrounds or worldviews. Through a comparative analysis of the exemption schemes in Norway, Sweden, and Denmark, we explore the intersections between religion, law, and education, and discuss the interplay between national legislation and international law in the three countries’ school systems. By comparing the national jurisdictions in Norway, Sweden, and Denmark, we examine different exemption procedures and discuss how religion and religious rights are understood and regulated legally, negotiated educationally, and adapted domestically. The analysis shows that Scandinavian public schools’ exemption schemes, deeply intertwined with Christianity’s influence, exhibit varying degrees of accommodating pupils’ and parents’ rights to opt out of religious education and activities, reflecting differing national approaches to religious and philosophical convictions.

The Opening of the Protestant Mind: How Anglo-American Protestants Embraced Religious Liberty. By Mark Valeri. New York: Oxford University Press, 2023. xiii + 292 pp. $29.95 cloth.

The Opening of the Protestant Mind: How Anglo-American Protestants Embraced Religious Liberty. By Mark Valeri. New York: Oxford University Press, 2023. xiii + 292 pp. $29.95 cloth.

Accessibility of Worship in Mosques for People with Disabilities

People with disabilities often face challenges in fulfilling their rights, including the right to worship in mosques. This research aims to investigate the worship accessibility for people with disabilities in the Tana Luwu area and the role of religious mosque authorities in supporting the fulfillment of the religious rights of people with disabilities in Tana Luwu. This is qualitative research with case study approach, where the researcher interviewed five individuals with disabilities and three mosque authorities. Additionally, the researcher observed several mosques and collected relevant documentation. The research results show that people with disabilities in Tana Luwu face difficulties in accessing mosques in the area due to the lack of disability-friendly facilities. However, the absence of disability-friendly mosque facilities can be overcome with positive attention from mosque authorities and Jemaah or congregants. In general, physical barriers do not pose a significant obstacle for people with disabilities to worship because of the social support they receive from the surrounding community. Discussions about the religious rights of people with disabilities should be expanded, and real improvements in mosques are needed to make them inclusive places of worship.

Politics and Religion in Public Policy: A Review of the Alleged Hijab Ban in Paskibraka 2024

Regarding the alleged ban on wearing the hijab for female “Pasukan Pengibar Bendera Pusaka” (Paskibraka) members in 2024, political and religious relations are very important. Public policies relating to religious expression must consider human rights, including freedom of religion, recognized and protected by the Indonesian constitution. This article aims to (1) identify the government's and religious groups’ responses to these policies, (2) analyze Islamic religious law, and (3) describe the solution to the polemic in the context of Indonesian democracy. This research is library research with a qualitative approach. The discussion in this research, namely: First, this prohibition is considered to cause controversy because it is deemed to violate religious freedom and the rights of Muslim women, which causes discriminatory, contradictory attitudes and policies that are not by Pancasila. Second, the obligation to wear the hijab as written in QS. Al-Ahzab: 59, and HR. Abu Dawud., Muslim women must wear the hijab when leaving the house. This is done to cover the private parts and can help in religious observance, religious identity, and self-protection from others. Third, Some solutions to this problem are providing freedom to adhere to religion, providing a space for inclusive dialogue, providing enforcement of the principle of non-discrimination, and creating principles based on Pancasila values. So, the policies established maintain harmony, justice, and unity in the diversity of society.

Freedom of religion and the right to refrain from actions incompatible with a person’s religious or other beliefs: a general theoretical overview

Freedom of religion and the right to refrain from actions incompatible with a person’s religious or other beliefs: a general theoretical characterisation. The article explores the general theoretical aspects of freedom of religion and the right to refrain from actions incompatible with an individual’s religious or other beliefs. It analyіes key international human rights documents that proclaim freedom of religion and the right to abstain from actions that conflict with religious or other personal convictions. The article emphasises that freedom of religion, as one of the most important human values, fosters the natural need for individuals to determine their faith and practice it (in an active or passive form). Freedom of religion is highlighted as a crucial factor in fostering a tolerant society, building a democratic legal state, and promoting mutual respect, trust, understanding, and equality among people of various religions and beliefs. The study concludes that freedom of religion can be understood as both a natural right (a God-given ability) and a legal right (an ability granted and guaranteed by the state). It asserts that an essential component of the natural right to freedom of religion is the ability to abstain from specific actions incompatible with one’s religious or other beliefs, such as: military service due to religious or other convictions and its substitution with alternative service; consumption of certain foods; use of specific symbols or identification numbers; wearing or using particular clothing; working at specific times;nreceiving scientifically justified medical treatments, including vaccination; participating in religious, public, or state rituals (ceremonies); taking religious or other oaths, among others. The article notes that Ukrainian legislation reflects the right to substitute certain legal obligations incompatible with religious or other beliefs. This option is considered a component of freedom of religion as a subjective legal right. It is proposed to amend Article 35 of the Constitution of Ukraine (1996) to explicitly proclaim the right to substitute certain legal obligations incompatible with religious or other beliefs and specifying this right in the Law of Ukraine “On Freedom of Conscience and Religious Organisations” (1991) and other regulatory legal acts of Ukraine.

Religious Freedom for Muslims: A Challenge to the Historical Foundations and Resilience of European Constitutionalism

Religious Freedom for Muslims: A Challenge to the Historical Foundations and Resilience of European Constitutionalism

Slovak World Congress and Human Rights Agenda in the last two decades of the Cold War

The Slovak World Congress, an umbrella organization representing almost all Slovak associations, organizations, and individuals in the diaspora during the Cold War, played a significant role in the Helsinki process related to the human rights agenda. Delegations from the Slovak World Congress were present at all Helsinki Follow-Up meetings in Belgrade, Madrid, and Vienna, presenting comprehensive memoranda that included an enumeration and analysis of serious violations of human, religious, and national rights in Slovakia during the last two decades of the Cold War. From this perspective, the Western governments, as Signatory States of the Helsinki Final Act, were systematically informed about these human rights violations. In terms of highlighting the persecutions of the Czechoslovak communist regime in Slovakia, as well as addressing the Slovak question, the activities of the Slovak World Congress were more significant compared to the much better-known dissident organization Charter 77. This paper examines the special role of the Slovak World Congress in the Helsinki Process, a topic that has not been adequately addressed by historiography to date.

How Do Students Interpret Human Rights in Their Drawings?

Purpose: In order for children to participate in life as citizens who know their rights, democracy and human rights education should be provided gradually at all educational stages. At the primary education level, human rights issues are included in the content of various courses, especially Human Rights, Citizenship and Democracy, and Social Studies courses. Students' perceptions and knowledge of human rights at each level of education should be examined using different research methods. This study aimed to examine the perceptions of 4th grade students about human rights through their drawings. Method: With the qualitative research approach, drawings on human rights of 4th grade students in a primary school with middle socio-economic students in a province in Türkiye and semi-structured interviews on these drawings were analyzed. Findings: In their drawings, students mostly included their personal rights such as freedom of religion and conscience, freedom of thought and opinion, and privacy, which they experienced in their daily lives at home, school, and around, and then their rights to education and training, business life, and working conditions. Only one student has included the right to choose from political rights. Implications: Teachers should address the issue of human rights in the education process by associating it with activities related to the family, school and environmental context and the daily lives of students. More comprehensive and in-depth research can be conducted at different grade levels in different socio-economic and cultural contexts that will reveal students' perceptions of human rights.

Religious Tolerance in Southeast Asia: Issues and Challenges

In the contemporary global landscape, religious tolerance has emerged as a critical issue across both Muslim-majority and non-Muslim countries. Shared concerns, such as freedom of religion, conversion, freedom of worship and propagation, and violence stemming from religious misunderstandings—including extremism and terrorism—have garnered significant global attention. Addressing these issues is vital for fostering peaceful coexistence and understanding among diverse religious communities. The objective of the study is to understand the concept of tolerance and how it is applied in Southeast Asian countries, particularly in the national policies of Malaysia, Indonesia, Myanmar, and the Philippines. These policies provide public space for religious tolerance, thereby opening the door for the protection of freedom of religion and addressing other religious issues currently taking place in the region. Given the socio-political and religious dynamics in the region, this study aims to investigate the underlying causes of conflicts, insurgencies, terrorism, and religious tensions. By identifying these root causes, the research seeks to contribute to a deeper understanding of the complex factors driving instability and violence in the area. This study offers a thorough analysis of various perspectives on religious tolerance within the ASEAN region, framed through the lens of multiculturalism. By integrating contemporary literature with detailed field observations, the study aims to provide a nuanced understanding of how religious tolerance is reflected and practiced in the constitutions, national laws, and policies of the member countries. The study reveals that instances of intolerance, extremism, conflict, and violence observed across the region are predominantly influenced by economic, social, and political factors, rather than being primarily motivated by religious concerns. In summary, the study argues that attributing conflict, violence, and extremism to the teachings of a religion—which typically promotes love, peace, and mutual respect—misconstrues the root causes. The findings suggest that economic and social inequalities, ethnicism, and political policies are more significant factors contributing to the national instability experienced across the region.

IN SEARCH OF RECOGNITION: ALEVI IDENTITY POLITICS IN THE CASE OF THE (TÜRKIYE) UNITY PARTY

Identity politics can be defined as a phenomenon that focuses on the existence of marginalised individuals or groups in the political arena within social structures. Accordingly, this phenomenon puts an emphasis on making the identity, culture and values of certain individuals or groups visible and establishing social, political and economic equality between them and other dominant individuals or groups in society. While the Alevi community can be characterised as a minority religious group in Türkiye, it can be stressed that their efforts to exist in the political arena are reflected in the (Türkiye) Unity Party—(T)BP. The main objective of the present research is to examine how Alevis' desire for recognition in the society has been established in the context of (T)BP. The data set of the research, which was designed as a single-site case study, was analysed through thematic analysis method. The findings revealed six themes, including human rights and equality, secularism and freedom of belief, social justice and development, social reforms, education and cultural rights, and women rights, and the themes provided fertile ground for increasing the visibility of Alevi identity politics and defending their rights. Furthermore, it was concluded that Alevi identity is not only a religious issue but also has a broader perspective anchored in socio-economic and political justice demands. Consequently, it was demonstrated that the (T)BP has played an important role in the construction of Alevi identity politics and has contributed significantly to the consolidation of the democratic and secular system in Türkiye.

The Manifestation of Religious Beliefs by Staff of Penitentiaries and Detention Centres

Abstract The article examines the expression of religious beliefs by prison staff in penitentiary units. The publication answers the following three questions: (i) how do penitentiary and detention centre staff view the possibility of the expression of their religious beliefs while at work in prison?; (ii) what is the current legal situation regarding the possibility of manifesting religious freedom by prison staff?; and (iii) what assessment is to be made, taking into account the established legal framework, with regard to discrimination and respect for equality and diversity? An analysis of international case law makes it possible to put forward an argument that prohibitions on the wearing of religious symbols by state officials and other staff members are an unjustified restriction of religious freedom, leading to discrimination on the grounds of religion. The compliance with the prohibition on discrimination cannot consist of removing or concealing differences in the manifestation of religious beliefs.

Freedom of Religion or Belief

Despite the achievements of Western civilisation and regulations requiring gender and religious equality, Europe still exhibits a low tolerance for Muslim dress practices. France may be considered a leader in this, as, after banning the hijab in institutions, it has also prohibited face coverings in public. The United Kingdom (UK) stands as a traditional European opponent to the French model of laicism. In the UK, wearing the hijab is allowed in public schools and at the workplace. Meanwhile, authoritarian states in the Muslim world impose conservative dress codes on women, the most radical of which have been enacted by the Kingdom of Saudi Arabia and the Islamic Republic of Iran. Bosnia and Herzegovina, a country with an indigenous Muslim population, is trying to find its own path. Between secularism and religiosity, certain legislative solutions in Bosnia and Herzegovina lean toward a form of secularism.