Religious Freedom Rights 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.

Legal status of the right of religious freedom in Cuba after the 2019 Constitutional reform

Este artículo pretende ofrecer un examen exhaustivo de la situación jurídica de la libertad religiosa en Cuba, centrándose en la Constitución de 2019 y las leyes secundarias relacionadas. El objetivo es evaluar el grado de protección de este derecho fundamental en el ordenamiento jurídico cubano. El análisis cubre varios aspectos de la libertad religiosa, incluyendo cómo interactúa con otros derechos humanos y cómo se ve influenciada por ellos. Aunque el derecho a la libertad religiosa está formalmente reconocido en la Constitución, ciertas disposiciones imponen restricciones sustanciales a su ejercicio. Estas limitaciones están vinculadas a la adhesión a los principios comunistas y a las directrices establecidas por el Partido Comunista de Cuba, lo que crea importantes barreras a la plena práctica de la libertad religiosa. Esta situación suscita preocupación sobre el cumplimiento por parte del gobierno cubano de sus obligaciones internacionales en materia de derechos humanos. Al explorar estas limitaciones legales y su impacto, el artículo pone de relieve las discrepancias entre las promesas constitucionales y las realidades prácticas a las que se enfrentan las personas que tratan de ejercer su libertad religiosa en Cuba.

Why Religious Freedom is a Human Right

Abstract This essay presents a fresh defense of the human right of religious freedom. It addresses two versions of skepticism of this human right, one a liberal variant, which questions religious freedom’s distinctiveness, the other a post-modern variant, which questions religious freedom’s universality. The case for a universal and distinct human right of religious freedom rests upon the claim that religion is a basic human good, manifesting human dignity and warranting a human right. The essay details four respects in which religion fulfills the meaning of a basic human good. Religion is a purposive set of acts, or practices; is a definable phenomenon whose core meaning is right relationship with a superhuman power; entails both an intrinsic good and derivate goods; and is universal in its scope. Finally, crucial to the human right of religious freedom is religion’s interiority, that is, its critical involvement of will, mind, and heart.

NEED OF UNIFORM CIVIL CODE AND ITS PROSPECTIVE C]CHALLENGES

The debate surrounding the need for a Uniform Civil Code (UCC) in India is as old as the republic itself. This abstract explores the rationale for a UCC and the significant challenges it presents. A UCC is perceived as a means to foster legal uniformity, uphold principles of gender equality, and strengthen secularism in the diverse socio-religious landscape of India. The study also delves into the anticipated roadblocks that may hinder the formulation and implementation of such a code. Challenges that may hinder the implementation of a UCC include political resistance, cultural and religious sensitivities, and concerns about minority rights. The existence of a multi-religious and multicultural society complicates the adoption of a one-size-fits-all approach. Political parties often hesitate to champion the cause of a UCC, given its potential to alienate religious and community groups, which can affect electoral outcomes. Further complications arise due to the constitutional framework of India. While Article 44 of the Indian Constitution calls for the enactment of a UCC, Article 25 guarantees the freedom of religion. This juxtaposition creates legal complexities when attempting to reconcile the demands of a UCC with the constitutional rights of religious freedom. This article highlights the pressing need for a Uniform Civil Code in India to ensure gender justice and equality. However, it is vital to acknowledge the complex challenges posed by political, cultural, and religious factors that have thus far hindered its implementation. Striking a balance between these considerations and devising a UCC that respects individual freedoms and rights, while adhering to the principles of justice and equality, remains a formidable task.

Toleransi yang Tak Nyata: Problematika Hak Kebebasan Beragama dalam Perspektif Pendidikan Kristen

Various cases of intolerance in this country still occur in various circles of the general public, which creates obstacles to realizing a just and prosperous nation. One of the most frequent cases of intolerance is the case of discrimination against religious people. This paper aims to dissect, analyze, and provide solutions from the point of view of Christian religious education related to the problem of religious freedom rights that are still turbulent in Indonesia. This research uses a qualitative approach with library research methods by collecting data from various sources and existing literature. It is expected to answer the needs of the problems studied in this study. The final results of this study show that values such as tolerance, justice, forgiveness, and humility will be taught through Christian education. Christian education can also build healthy social dialogue between different religions, creating tolerance and harmony. Thus, it is hoped that cases of intolerance can be anticipated early, the right to religious freedom can be owned by all levels of society in Indonesia, and the Indonesian nation can be an example for the world in maintaining diversity and harmonization in a pluralistic society.

Religious Freedom in an Age of The Global War on Christianity: A Nigerian Christian Perspective

Nigeria ranks as the world’s most violent place for Christians today. Christianity and Islam, the major religions in Nigeria, are known to preach love and peace worldwide. A brief review of the grim reality of the practical implications of these claims against endemic violence questions the meaning of religion in Nigeria. This article relates the abuse and violation of rights and, therefore, proposes the universal human right of religious freedom as a more reliable path to peaceful coexistence, as against tolerance, which today has been acknowledged as a failed strategy for enduring peace.

Moderation at Local Level: How Does Post-Islamism Elite Become More Moderate?

The explanation of when and under what conditions post-Islamism elite is more moderate toward democratic values is still up for debate. The majority of studies explain these issues at the national level without taking into account the local dynamics and variety of experiences. Based on a comparative study on Partai Keadilan Sejahtera (Prosperous Justice Party or PKS) at the local level (Depok and Sukabumi City, West Java) on the acceptance and repudiation of religious freedom rights, this study argues that moderation is not a linear process and is largely determined by strategic confidence, where the moderation can maintain or even expand their power and influence. This study demonstrates how social pressure, organizational structure, and political experience are interconnected and influence the choice of moderation or immoderation.

Ahmadiyya Congregation in the Shadow of Religious Politics: Tensions Between Law and Freedom of Religion

The right to freedom of religion is a fundamental right. For Indonesian people, religion is not only seen as a ritual but also as a part of the social relations between society members and the state. However, the sacred value of religion in social relations is degraded through normative recognition in the form of official religious politics. The policy does not actually engender order and justice. On the contrary, official religious political policies and restrictions on religious freedom raise widespread discriminatory practices that affect religious minority groups, such as the Indonesian Ahmadiyya Community. The purpose of this study is to examine the tension between the law and the right to freedom of religion or belief in cases of discrimination against the Ahmadiyya Community of Indonesia from the point of view of the legal theory of legal disorder. The research methods used are socio-legal with a statutory approach, a conceptual approach, and a critical legal study approach using legal disorder theory. This research emphasizes that the Ahmadiyya, as a sect in Islam, has the right to freedom of religion within the Forum Internum. In practice, the official religious politics subordinated the rights of religious freedom under the control of religious majoritarianism. However, empirical facts show that the multireligious social context of Indonesian society places the situation in a state of irregularity. Through the disorder of law theory, Sampford opens the horizons of the legal paradigm, showing that seeing and answering various irregularities cannot be done through the lens of order.

Contesting Human Rights: How Religious Freedom Confront Gay Rights and Vice Versa

One of the issues that caught my attention in the discussion on Religion and Human Rights, which is also an issue that has recently started to be hotly discussed in Indonesia, is the issue of LGBTQ+ minority rights (gay rights). This issue becomes interesting, the issue of gay rights, especially when this issue deals with the Freedom of Religion or Belief (FoRB). As we saw in the discussion of human rights at International, tensions between gay rights and FoRB in several countries have their own characteristics. For example, in Indonesia, recently, the movement for defenders of the FoRB has begun to bloom, and, I observe, there is a tendency to include minority groups such as indigenous people, including LGBTQ+ people (gay rights), into their circle of struggle. The question is, how do religious freedom rights (FoRB) deal with gay rights? Or conversely, how do gay rights deal with religious freedom? In that context, this book becomes relevant to discuss. This book provides each author’s many different moral arguments and philosophical commitments.

The Impact of Religious Fundamentalism on Places of Worship

Religion is a constant and integral part of humankind. One of the core principles of religious freedom is free and safe access to places of worship. This right cannot be guaranteed in all countries, as shown by recent events, such as violent acts and terrorist attacks that seek their main motivations in religion. This paper examines religious fundamentalism from a conceptual and theoretical standpoint. The typological elements that appear in many religious traditions are presented and explained with the scope of identifying common characteristics across all types of religious fundamentalism. The paper provides an overview of the need for consolidated efforts to combat religious fundamentalism present in most European countries at the moment, and protect places of worship, guaranteeing the free exercise of the essential right of religious freedom. In this light we present PROSECUW (an EU-funded project under the Internal Security Fund-Police programme) which aims to enhance the protection and security in places of worship through training of relevant professionals and knowledge exchange of good practices among EU stakeholders.

Offside: The Misunderstanding in Restricting Jemaat Ahmadiyah Indonesia's Right to Freedom of Religion

<p><em>Jemaat Ahmadiyah Indonesia ("JAI") in Sintang became the victim of an intolerant action by several members of the Muslim Alliance, which attacked and destroyed the Miftahul Huda mosque belonging to the JAI that resulted in the destruction of the mosque and the burning of a building behind it. The root of the problem, turns out, is not anchored in </em><em>in</em><em>tolerant actions by certain religious groups, instead it lies in government policies that tend to restrict JAI's right to freedom of religion. However, the restriction on the right to freedom of religion in Sintang is only the tip of the iceberg of the restrictions on JAI's religious freedom rights by the JAI’s Joint Decree. This paper discusses the role of the state in limiting the right to freedom of religion based on various human rights instruments and principles. It further determines the suitability of restrictions on freedom of religion in the JAI’s Joint Decree from a human rights perspective. This paper finds that the right to freedom of religion is a non-derogable right, but, it can be restricted under article 18 paragraph (3) of the ICCPR, which can only be applied on its manifestation</em><em>s</em><em> that are necessary to protect public safety, order, health, or morals, as well as the basic rights and freedoms of others. Nevertheless, the restriction must be directly related to the specific need and should not be imposed or applied in a discriminatory manner or non-discriminative. Besides that, this paper finds that the restrictions in JAI’s Joint Decree are in violation of the ICCPR and the principles of the right to freedom of religion because of two things, namely the forum internum’s intervention and misunderstanding of forum externum’s restriction. First, the government has intervened JAI’s forum internum by determining that JAI’s interpretation deviates from Islamic teachings, which is prohibited due to any reason. Second, the government has erroneously imposed forum externum’s restriction by prohibiting JAI to spread its interpretation, which is also prohibited because the JAI’s forum externum has no direct relation with the disturbance of public safety, order, health, morals or the fundamental rights and freedoms of others.</em></p>

CHRISTIAN SECULARISM AND RELIGIOUS ACCOMMODATIONS IN REPUBLICAN BRAZIL

The following work attempts to trace the historic roots of the Brazilian government’s discrimination towards the religious freedom rights of Jews and Sabbatarian Christians exhibited in the application of the ENEM in 2009 and 2010. This research article defends the thesis that the modern Brazilian Constitutional arguments for denying religious accommodations on national exams for Sabbatarians on grounds of laicite, state preference of religion or equality under the laws derive from an anti–liberal legal Brazilian tradition. This paper diachronically argues that this tradition of denying exemptions for minorities developed as a result of Brazil’s republican history and authoritarian dictatorial past in order to promote a particularly secularized Christian establishment.
 This paper begins by tracing the historical roots of legal arguments for denying religious accommodations for religious minorities in Brazilian republican constitutional history. It then shows how Brazilian elites used a secularized Catholic-positivistic discourse in the first half of the 20th century to suppress minority religious rights presupposing that Brazil was uniquely a Christian (i.e Roman Catholic) nation. The paper will then proceed to show how this Catholic positivistic discourse evolved to a more covert “secular” argument such as those from equality under the laws, “isonomy” and the secular nature of the State, “laicité” following the 1960s and thereafter. The second section attempts to show how this covert anti-liberal tradition of secularized Christianity has still been maintained in Brazil’s 1988 social democratic constitution by the discourse of isonomy and laicité. The article then concludes by attempting to show how religious accommodations do not harm government and suggesting that greater coalition building between minority religions can benefit both historically marginalized communities. This paper concludes by proposing that greater coalition building between African religions and Sabbatarian Christians can benefit both historically marginalized groups to attain their full civil and political liberties.

Casting a Constitutional Light on the Cultural Defence in South African Criminal Law

Abstract South Africa’s criminal courts have often dealt with cases where accused who committed culturally motivated crimes tried to escape criminal liability through a so-called “cultural defence”, a defence that does not currently exist in South African criminal law. However, most of the case law dealing with this matter predates the Constitution of the Republic of South Africa, 1996. Consequently, the Constitution’s cultural and religious freedom rights can be used to justify the formal recognition of a cultural defence in South Africa’s criminal law. Simultaneously, the Constitution contains limitation clauses that could counteract such a step. This article evaluates these contentious arguments and concludes that the conflict between the common law and African customary law in South Africa’s criminal law can be resolved by aligning the indigenous beliefs and customs in African customary law to the values underpinning the Constitution.

FROM DHIMMAH TO DHIMMITUDE: A THEORETICAL ANALYSIS OF THE INTERPRETATIONS AND MODELS OF THE INCLUSION OF NON-MUSLIMS UNDER AN ISLAMIC STATE

Recently the term dhimmitude is being used in some English works for analysis and interpretation of the Arabic terms dhimmah or dhimmi, the term dhimmitude thus is being associated with some subjective conditions i.e. the second class citizen and dregetory status of non-Muslim subjects under Islamic rule. The paper deals with dhimmah as a model that Islam has provided for coexistence and peaceful living with the people of other religions from the very beginning. Quran and Sunnah of the prophet Muhammad (upon him be the peace and blessings) are replete with the examples of dealing with the people of other faiths. Quran provides the basis for the theological relations, interaction and coexisting with other faiths and particularly with the people of Book i.e Jews and Christians. While the practicing model of coexistence and peaceful living in Madinah period was provided through sunnah of Prophet peace be upon himself and the Jews were accommodated as non-Muslim citizen of Islamic state. The other communities that lived within the domain of Islamic polity were also accorded the status of ahl al kitab or dhimmi or mu‘ahid prophet (upon him be the peace and blessings) set a unique pattern of granting the right of religious freedom and peaceful living within the context of an Islamic state. Thus the category of people of book was extended to the Magus of Bahrain by accepting Jizyah and granting them peace by Prophet (upon him be the peace and blessings) himself. In this way this model of coexistence was later on extended almost to all other religions by the Muslim rulers and Fuqaha as we shall see in the case of Muslim rulers of different eras. This paper aims to highlight the models adopted by the Muslim rulers for the non-Muslims living in their domain, while focusing on the fuqaha and jurist discourses on the subject. It also reflects on some recent interpretations of Islamic theory of ahl al dhimmah where the status of dhimmah is seen as a condition of deprivation. Keywords: Dhimmah, dhimmitude, social inclusion, non-Muslim, pact, aman

Freedom of Religion and State Secularism under the COVID-19 Crisis: The Case of Italy

Abstract This article analyzes the role of religious freedom and the principle of state secularism in Italy under the Covid-19 pandemic. In particular, the author focuses on the Government’s anti-Covid-19 restrictive measures that have limited some fundamental rights, including the right to freely profess and celebrate religious rites in community; which has led to a lively debate. However, unlike in other Western countries, in Italy the debate has been confined to the sphere of scholarly disputes, while judicial scrutiny has been nearly nonexistent. That stimulates interesting questions concerning the pandemic long-lasting effects on important factors of Italy’s principle of secularism, including the method of (state-church) bilateralism and its connections with the right of religious freedom.

The Problem of Religious Freedom In the Practice of Amar Ma'ruf Nahi Munkar

The issue of religious freedom continues to grow. A number of figures and institutions are constantly campaigning for religious freedom to every level of society. This effort emerged after the right of religious freedom seems to have been misinterpreted by attitudes that were considered intolerant and did not respect differences. This writing is quite interesting to study, due to the strong assumption that everyone has the freedom to embrace religion and worship according to his religion, and everyone is free to believe in beliefs, express thoughts and attitudes, according to his conscience. This study is a literature review, the method used is descriptive method, and conclusions are drawn by using deductive thinking. The result of this study is that religion gives freedom to anyone to choose between religion or even being an atheist. The practice of amar ma'ruf nahi munkar is a religious order and does not violate religious freedom. Islam does not force someone to embrace a certain religion, but Islam obliges every Muslim to convey goodness, invites to the truth, and avoids disgraceful actions, such as Habib Abdullah's theory which says that the great symbol of religion is amar ma'ruf nahi munkar.

HUBUNGAN ANTARA AGAMA DAN NEGARA DALAM PERSPEKTIF PEMIKIRAN ISLAM

This paper examines religious and state relations of Islamic thought perspective. This study aims to describe how the relationship between religion and state in the view of Islam. The method used in obtaining data is descriptive method through literature study. The results of the study show that among Muslim figures or thinkers such as Nurcholish Madjid and Abdur Rahman Wahid agree that there is a constructive relationship between state and religion which by revivalists separates it. Some of the indicators are: (1) Islam gives the principles of the formation of a state with the concept of khalīfah, dawlah, or hukūmah, (2) Islam emphasizes the democratic values of truth and justice, and (3) Islam upholds Human Rights by stating that the basic rights that human beings bring ever since they are born are the right of religious freedom. Therefore, Islam essentially emphasizes the importance of human rights to be upheld in a state, because human rights are rights that should not be disturbed and deprived from the person who has the right.

Freedom in Chains? Religious Freedom Rights in an International Frame: Addressing the Increasing Intolerance and Violence Directed Toward People of Faith

Abstract Violations of religious freedom rights are accelerating across the globe, with levels of religious harassment reaching record levels. Yet, despite social work’s commitment to challenging religious discrimination and promoting human rights, little, if any, attention has focused on this issue in the profession’s literature. In keeping with calls from the United Nations, this article highlights a human rights concern of critical importance to many vulnerable people, namely those who experience acts of intolerance, hate and violence for peacefully practicing the tenets of their faith. Accordingly, the parameters of religious freedom are delineated along with the status of religious freedom rights in the world, in conjunction with the populations that experience particularly extensive discrimination. After discussing the systemic factors that legitimise discrimination against people of faith, strategies are offered that social workers might implement to promote more equitable and socially just societies.

A Study on Relevance of Indian Constitution and Uniform Civil Code

Uniform Civil Code remains a sensitive issue in the Indian society. The root cause of its dispute is to reject religious or personal law and create a unified law, which will be valid as a common law for all the people of the country. The Supreme Court and various High Courts have also clarified their view on this issue and have talked about implementing a Uniform Civil Code to make the justice system equal for all people. Apart from this, in the election manifesto of the present ruling party established at the center, the matter of implementing it has been vocally included. That is, if seen together, the opinion of the judiciary and the present government is almost the same on this issue. But despite all this, there are obstacles in its implementation. While on the one hand it seems to be a means of strengthening the concept of equal justice, on the other hand it also seems to be a means of curtailing the fundamental right of religious freedom. That is, if this issue is looked at carefully, then many issues like State Law vs Personal Law, Diversity vs Unity, Spirit of the Constitution vs Religious Beliefs of the People, Directive of Policy vs Fundamental Rights, Women Empowerment vs Male Supremacy etc. Is. That is why, there is a need for a rational discussion on this issue, how to meet the current challenges facing this national issue and what can be the provisions to implement it. In the present article, the meaning of Uniform Civil Code, its constitutional status, debates related to this issue as well as the obstacles in the way of its implementation have been highlighted. At the end of the article, the measures that are necessary for its solution have also been discussed.

Religious Minorities in Asia: Between the Scylla of Minority Protection and Charybdis of Religious Freedom Rights?

This article examines the intersection of religious freedom and minority protection within the Asian context. It argues that, to the extent that a focus on minority protection draws greater attention to the collective and communitarian dimensions of religious practice, it has the potential to enrich the discourse on religious freedom protection. I identify three areas of possible convergence—first, where a minority-focused regime leads to a richer understanding of the intersections between culture, language, and religion; secondly, where a focus on minority protection leads to positive measures by the state to protect religious minorities; and thirdly, where a minority regime founds a right of religious minorities to political participation. Nonetheless, I will also point out that there are limits to minority protection. It may even be a double-edged sword, as it serves to reify differences with the rest of society and risks permanently marginalizing the group as a minority. This could be the case even if there are institutional designs, formal or informal, to provide for religious minorities’ political participation.