Carolyn Evans

Freedom of religion under the European convention on human rights

1. Introduction 2. Towards a Theory of Freedom of Religion or Belief 3. Historical Background 4. Defining Religion or Belief 5. Freedom of Religion or Belief 6. The Right to Manifest a Religion or Belief 7. Limitations on Manifestations of Religion or Belief 8. Neutral and Generally Applicable Laws 9. Conclusion Select Bibliography

Law and religion in theoretical and historical context

© Cambridge University Press 2008 and Cambridge University Press, 2009. Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should States be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.

Evaluating human rights education programs

This article discusses some of the complexities inherent in evaluating human rights education programs. The author argues that such evaluations need to be conscious and respectful of human rights values. In particular, it must be recognised that there are many different conceptions of human rights and different aims for human rights programs. Evaluators need to be sensitive to this diversity and respectful of different approaches to human rights when undertaking evaluations.

Individual and Group Religious Freedom in the European Court of Human Rights: Cracks in the Intellectual Architecture

The Evolution of Religious Freedom in the European Court of Human Rights Article 9 of the European Convention on Human Rights, which protects religious freedom, looked for many decades as though it was going to be effectively a dead letter. The European Court of Human Rights (“the Court”) did not find a violation of Article 9 until the case of Kokkinakis v. Greece which was decided only seventeen years ago, in 1993. Even after that seminal decision, religious freedom cases were still relatively rare for several years; in 2001, there had been fewer than thirty Court cases on Article 9. However, in the last decade the case law has expanded significantly; and from 2001 to 2010 there have been more than sixty additional cases. Thus, in a relatively short period, the Court has been pushed to develop a jurisprudence of religious freedom to deal with increasingly complex and controversial cases. As the case law has multiplied and the issues have diversified, however, it has become clear that the Court has not yet developed a sufficiently coherent and principled approach to this area. So far, its approach has proved of very limited utility to individuals making claims of religious freedom. This is not to suggest that the Court has played no role in the protection of religious freedom in Europe. Indeed, in recent years, it has arguably played an increasingly positive role, particularly in cases involving group religious rights. However, this jurisprudence has not translated into greater protection for religious individuals in many instances.

Strengthening the Role of the Special Rapporteur on Freedom of Religion or Belief

The Special Rapporteur holds the key United Nations mandate for the protection of freedom of religion and belief. This article gives an overview of the establishment and developing role of the Rapporteur and considers the way in which the three individuals who have held the office so far have carried out their mandate. It assesses the effectiveness of the methodologies used by the Rapporteur and, in particular, questions the shift of emphasis from prevention to protection. It then analyses the way in which the Rapporteurs have dealt with some of the substantive issues required by their role. The example of religious defamation is given to demonstrate the dangers of Rapporteurs taking overly simplistic approaches to complex issues. Finally a number of areas where further consideration is needed—in particular with respect to funding, the development of a treaty on religious freedom and the relationship with States—are briefly overviewed. The article concludes that the performance of the Rapporteurs have been exceptional, particularly given the limited financial resources allocated to the mandate and the complexities of the problems with which the mandate deals.

Law and Religion in Theoretical and Historical Context: Frontmatter

© Cambridge University Press 2008 and Cambridge University Press, 2009. Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should States be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.

Law and Religion in Theoretical and Historical Context: Index

© Cambridge University Press 2008 and Cambridge University Press, 2009. Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should States be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.

Law and Religion in Theoretical and Historical Context: List of Contributors

© Cambridge University Press 2008 and Cambridge University Press, 2009. Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should States be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.

The Special Rapporteur on Freedom of Religion or Belief

The reports of the Special Rapporteur on Religious Freedom are a record of the violence, brutality and discrimination visited upon people who attempt to exercise their freedom of religion or belief in many parts of the world.1 The reports paint a grim picture of the tools of oppression used to control those who are considered to deviate from the publicly accepted religious norm. These tools vary from the discriminatory use of planning permits and visas to the horrors of widespread torture, rape and imprisonment. In light of such widespread abuses, the under-resourced office of the Special Rapporteur seems an inadequate response by the international community. Yet as this office is the most tangible sign of commitment by the members of the United Nations to the principles set out in the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief,2 it is worth considering the way in which the Special Rapporteur has carried out his mandate.