Javier Garcia Oliva

The Legal Protection of Believers and Beliefs in the United Kingdom

The enactment of the Racial and Religious Hatred Act 2006 is the most recent legal mechanism developed to protect believers, beliefs and religious feelings in the United Kingdom. Despite the recognition of a certain degree of overlap between the different categories, this article proposes a broad distinction between legal devices which protect believers and those which safeguard beliefs and religious feelings. The common law offence of blasphemy is analysed, taking into consideration the response of both the UK courts and the European Court of Human Rights. The endorsement of the English law of blasphemy by Strasbourg is particularly relevant. Furthermore, this paper focuses on different instruments that, throughout the last few decades, have been articulated to protect the faithful, such as the crimes of religiously aggravated offences and the offence of incitement to religious hatred.

Religion and Law in Twenty-First Century England: Tradition and Diversity

The chapter provides an account of the many levels of relations between religion and law in England. The first section briefly outlines the historical developments leading to the establishment of the Church of England as the legally established church, and explains the current legal position of the Church of England and its relation to the Monarchy and the State. Subsequent sections analyse and discuss (a) the influence of Christianity on the English legal system, (b) the ways in which the English legal system accommodates other religions and religious organisations, (c) how religious beliefs and actions are accommodated in the work place, and (d) the legal and political response to ‘religious adjudication’ in Shariah councils or similar bodies. The chapter concludes that the English legal approach to the non-established religions can be described as a form of ‘benign neglect’. The State does not grant explicit minority group rights to religious groups, but it does not usually interfere in their internal affairs either.

Religious Freedom in Transition: Spain

Abstract After a peaceful and well-conducted transition towards democracy (1975–78), the Spanish Constitution was enacted in December 1978. This article starts with the events which led to the Civil War (1936–39) and studies the relationship between the Spanish state and the Catholic Church throughout Francos dictatorship. This background is necessary for a proper understanding of the current legal framework on religion, which is the main aim of this article. In the light of the pronouncements of the Spanish Constitutional Court (SCC), I analyse the various paragraphs of Article 16 of the Constitution, especially with regard to the position of individuals and communities. I also deal with the relationship between religious freedom and ideological freedom. I offer a critical judgment on the position of the Catholic Church and the other religious denominations which concluded agreements with the Spanish state in 1992. Finally, I highlight current trends, particularly the difficult relationship between the socialist government and the Catholic Church in the last few years. Although the situation had significantly improved by 2007, there are still occasions on which tension between the two institutions is manifest.