W. Cole Durham

Facilitating Freedom of Religion or Belief: A Deskbook

As the world enters the 21st Century, the challenges in implementing freedom of religion or belief grow more complex and more acute. How can the internationally recognized norms regarding freedom of religion or belief be meaningful for all – women and men, majorities and minorities, established religions and new religious movements, parents and children? How can tolerance, mutual respect and understanding be globally expanded? How does freedom of religion or belief relate to other human rights? Launched by the Oslo Coalition on Freedom of Religion or Belief, this deskbook anthology is designed as a single-volume resource for all who are concerned with facilitating improved global compliance with international standards in this vital area. The varied and diverse topics addressed by over fifty global experts in the field provide a rich weave of many threads. The book addresses historical and philosophical background on religious human rights, applicable international norms and the international procedural mechanisms for safeguarding these norms. It surveys central areas of controversy, including registration of religious and belief organizations, emerging debates on religion and gender, parental and children’s rights, new religious movements, proselytism, and conscientious objection. Other chapters describe practical approaches to promoting tolerance and understanding through education, inter-religious dialogue, joint religious efforts addressing shared social problems, and conflict resolution initiatives. The volume also provides practical information regarding networking and other background issues that can help translate understanding of the applicable norms and procedures into action. Appendices provide texts of major international instruments on freedom of religion or belief.

Facilitating Freedom of Religion or Belief through Religious Association Laws

A country’s law and practice regarding religious entities constitutes a crucial test of its performance in facilitating freedom of religion or belief. This may seem surprising. The intricacies of the law of religious associations are clearly not the first issues that come to mind when one thinks of freedom of religion or belief. One is more likely to think of overt religious persecution, issues of conscientious objection in the military or other fields, restrictions on worship, constraints on religious speech and persuasion, interference with prescribed religious observances such as days of work or types of clothing, issues of religion and education, discrimination in employment, and so forth.

Religion and the Secular State

Comparative examination of secularity of contemporary states yields significant insights into the nature of pluralism, the role of religion in modern society, the relationship between religion and democracy, and more generally, the fundamental question about the relationship between religion and state. This report examines a number of countries, focusing on the following recurring tensions in the relationship between religion and state: the general social context, constitutional and legal setting, religious autonomy, legal regulation of religion, state financial support for religion, civil effect of religious acts, religion and education, religious symbols in public places, and the interaction between freedom of expression and offenses against religion. The report reflects a remarkable diversity in configuration of religion-state relations around the world.

LEGAL STATUS OF RELIGIOUS ORGANIZATIONS: A COMPARATIVE OVERVIEW

States have developed a range of ways of interacting with the organizational structures of religions. US and European laws are used primarily to facilitate rather than to control religious activity. This is not to say that the legal systems in question do not control problematic behavior. It simply means that other tools in the state’s legal arsenal such as criminal laws and administrative sanctions are used to address problems. Modern societies are experiencing increased pluralism, and the need to respond in fair ways to different religious communities has created the need for neutral structures that are easily adaptable.

The Toledo Guiding Principles on Teaching about Religion and Beliefs in Public Schools

In line with the OSCEs conflict prevention role and its commitments to fostering a culture of mutual respect and understanding, the ODIHR published the Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools. The Toledo Guiding Principles have been prepared in order to contribute to an improved understanding of the worlds religious diversity. Their rationale is based on two core principles: first, that there is positive value in teaching that emphasizes respect for everyones right to freedom of religion or belief, and second, that teaching about religions and beliefs can reduce harmful misunderstandings and stereotypes. The primary purpose of the Toledo Guiding Principles is to assist OSCE participating States whenever they choose to promote the study and knowledge about religions and beliefs in schools, particularly as a tool to enhance religious freedom. The Principles focus solely on the educational approach that seeks to provide teaching about different religions and beliefs.