Religious freedom is considered a fundamental human right and the cornerstone of human dignity. Islam, being a universal religion, protects the rights of every individual, and thus, preserves and upholds the dignity of human persons irrespective of their religious convictions. This study aims to understand Islamic perception of religious freedom from a historical point of view. It is based on textual analysis and historical interpretation of the Qur’an and Sunnah. It also supports its case by (...) analysing some Muslim ruler’s treatment of other religions. The study shows that Islam provides complete freedom to every individual so long as it does not violate or interfere the right of others, and explicitly prohibits all kinds of intervention in matters of religious beliefs and practices. Though the Prophetic tradition “whoever changes his religion, kill him” seems contradictory to freedom of religion, this has been contextualised in particular situation by contemporary Islamic scholars. The study concludes that the Qur’anic teachings, the Prophetic practices and Muslim rulers’ treatment of other religions affirm that Islam provides equal opportunities to all regardless of their attachments to any religion or ideology, and Muslims can neither force any body to accept Islam nor impose anything against his/her will. Philosophy and Progress, Vol#71-72; No#1-2; Jan-Dec 2022 P 1-27. (shrink)

The Iraqi constitution of 2005 grants freedom of religious thought, belief and practice for all religions. This study was also based on the premise that the constitutional rights are not adhered to in Iraq, even by government officials, which could be due to the absence of suitable legislations subsequent to the framing of the constitutional provisions. An analytical and descriptive research design was adopted for this study. Data was collected from primary and secondary sources through documentation research and (...) evaluation of historical sources. The primary data comprised Articles of the Iraqi constitution, and a few national and international legal instruments related to religious freedom. Secondary data included empirical research studies, books, articles and other published sources. This study therefore took the form of an empirical legal research as it involved the issues of constitutional reforms in the field of religious freedom. A comparative approach was adopted in analyzing the documents about religion and politics related to both the Arab region and the West. The focus was on the measures that should be adopted to advance the dialogues of religious freedom and maintain religious neutrality in all government policies. The study found out that there were apparent contradictions between the constitutional provisions and the State Laws. Similarly, the Iraqi civil and penal codes remain silent regarding legal remedies for the violation of constitutional provisions. (shrink)

A liberal pluralist state recognizes that its members exercise a variety of religions or hold diverse comprehensive doctrines, and strives for neutrality so that none is favored. Neutrality can come into tension with the demands of individuals to express their religion in public spaces. I focus on a display of a “finals tree,” that many regard as a Christmas tree, on the campus of a public university, a display objected to by a small minority of non-Christian faculty and students who (...) claim it makes them ‘outsiders’ and should be removed. While display of a Christmas tree doesn’t violate the First Amendment because the Court has ruled it is a secular symbol, resolving that legal issue doesn’t resolve the ethical issue of which side should accommodate the other. To address that, I turn to traditional theories of Kant and Mill, who would side with the tree displayers, who are causing no harm and restricting no one else’s liberty. Finding this resolution wanting, I develop a modified version of Jeremy Waldron’s ‘adequacy’ principle, which has us be sensitive to the aims of others when our actions keep them from adequately pursuing their legitimate aims, so long as accommodating them does not keep us from adequately pursuing our own. I depart from Waldron in arguing that in assessing each side’s claims we should sometimes conduct a limited inquiry into the sincerity of one’s religious reasons, and this inquiry would not be incompatible with liberal pluralism’s requirement that we appeal to public reason. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, (...) and also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

It is often argued that religious schools and colleges promote intolerance, divisiveness, and fanaticism and that they violate the principle of academic freedom. Some writers also suggest that economic support for religious schools by the state violates the principle of the separation of church and state. Elmer Thiessen provides a philosophical defence of religious schools and colleges against these and other standard objections. He concludes with a radical proposal: a pluralistic educational system will better prepare students (...) for citizenship in pluralist liberal democracies than a monopolistic state-maintained school system. In placing his argument within the context of liberal-democratic values Thiessen gives concrete examples of objections to religious schools and offers practical suggestions that follow from the philosophical treatment of the problem. In Defence of Religious Schools and Colleges bridges the gap between philosophical argument and educational practice. It will be of interest not only to philosophers and educational theorists but also to practitioners in education. Academics, policy makers, political theorists, lay-people, teachers, administrators, and parents – those who object to religious schools and colleges and those who find themselves trying to answer the objections – will benefit from reading this book. (shrink)

The article is updated by several circumstances, which the authors reflect on. In their opinion, there are 1) obvious and external threats — violations of freedom of conscience in the temporarily occupied Ukrainian territories, including Crimea, which arose as a result of the Russian-Ukrainian war, and 2) internally hidden and potential dangers for freedom of religions of Ukrainian citizens. The well-known examples of discrimination of believers of certain faiths in the so-called DPR-LPR and Crimea given by the authors (...) are constantly updated. Relevant monitoring and analytical reports are prepared by both Ukrainian and international experts. They submitted these reports to international human rights organizations, including the rights for Freedom of Religion and Belief. Despite such convincing documented materials, separate accusations have recently appeared against Ukraine, which allegedly violates freedom of religion in the territory under its control. Some are trying to prove that Ukraine, taking advantage of the war situation and referring to the spiritual dangers for Ukraine from those religious organizations whose centers are in the aggressor country, threatens some churches, thereby violating the Constitution and the Law on Freedom of Conscience, which guarantee for all citizens, regardless of from their religious affiliation, freedom of religion. The authors refute these narratives lashed out by Russia and the Russian Orthodox Church. Such negative conclusions, which express concern about the situation in Ukraine regarding freedom of conscience and religion, influence on the world public, experts on issues of freedom of conscience, religious organizations, spoil the image of Ukraine as a country with high level of freedom of conscience even among European countries. Religious freedom, as the authors conclude, needs protection today, but they call for separating real threats from imaginary ones and clearly defining who persecutes, whom he/she persecutes and where persecutes. Ukraine is consistent in its intentions to protect the rights of people and communities, to protect the freedoms of believers and their organizations. (shrink)

This article analyses the forms of religious conflict in cities (urban areas) and villages (rural areas) in Indonesia. The main locus of this study is in 11 regencies and cities in West Java, a province with the highest ranking of violations of religious freedom in Indonesia for the last two decades (2000–2020). These regencies and cities include: Bekasi Regency, Bekasi City, Bogor Regency, Bogor City, Tasikmalaya Regency, Bandung Regency, Bandung City, Kuningan Regency, Garut Regency, Cianjur Regency and (...) Cimahi City. The study confirms that the sociological characteristics of urban and rural areas influence the tendency of different forms of conflict in both areas. On the one hand, heterogeneous urban social conditions tend to have an impact on the forms of conflict between religious communities – Muslims and Christians. On the other hand, the homogeneous rural social conditions affect the forms of conflict that are internal to religious communities or fellow Muslims. This study shows that religious conflict in a region cannot be generalised because each region has different socio-demographic conditions. Therefore, knowledge of differences in socio-demographic conditions in each region is very important because it will determine the form, causes and the ways to handle the conflicts in each region. Contribution: This study contributes to mapping the different sociological characteristics of religious conflict in cities and villages in West Java. It can be used as an illustration for other regions in Indonesia and Southeast Asia. (shrink)

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of (...) whether or not to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

Freedom of Religion, Institution of Conscientious Objection and Political Practice in Post-Communist Slovakia1 The example of Slovakia is used to show how one of the post-socialist countries failed in fulfilling the demanding task of securing freedom of religious belief (including the right to conscientious objection) and, at the same time, securing all other human rights. An analysis of the methods used for changing the policies of pluralism and neutrality of the state into a policy of discrimination (e.g. (...) concerning the registration duty for churches) was carried out, followed by an analysis of a mechanism used for guaranteeing freedom of conscience of the members of the Catholic Church (the so-called Vatican Treaty). The treaty violates the prohibition of discrimination against women, because it makes it more difficult for them to have access to some health care services. Our hypothesis states that the hurriedly introduced right to conscientious objection is misused in this context as a means of regulating the politics of reproduction. In general, the re-Catholisation of the Slovak Republic follows two aims—to help in the fight for votes in the elections (because 70 % of Slovaks declare their religion to be Catholic), and to improve demographic development in the Slovak Republic (declared to be catastrophic by the Catholic Church), through hindering free access to abortions. (shrink)

The scale and variety of acts of religious intolerance evident in so many countries today are of enormous contemporary concern. This 2005 study attempts a thorough and systematic treatment of both Universal and European practice. The standards applicable to freedom of religion are subjected to a detailed critique, and their development and implementation within the UN is distinguished from that within Strasbourg, in order to discern trends and obstacles to their advancement and to highlight the rationale for any (...) apparent departures between the two systems. This dual focus also demonstrates the acute need for the European Court to heed the warnings from various patterns of violation throughout the world illustrated by the Human Rights Committee and the Special Rapporteur on freedom of religion or belief. (shrink)

The main purpose of this study was to determine the accumulation of the tradition of political texts (Siyasatnāma) in the context of freedom of expression and to discuss the potential of creating new perspectives accordingly. One of the most important criticisms of modernity towards traditional structures is the claim that people are subjected to many limitations on social, cultural and religious grounds. This criticism, which mainly focuses on limiting the freedom of action, also comes across as preventing (...) the expression of thoughts. While traditional understandings had such an approach, they aimed not only to preserve or strengthen the position of a particular authority, but also to prevent problems that may arise from an individual and social point of view. However, it is not possible to say that these thoughts always remain true to the stated intention. In this context, considering traditional understandings with their historical contexts should not only aim to gain an intellectual knowledge about a certain period or civilization. The main goal should be to evaluate the accumulated knowledge critically and to achieve meaningful results from this field. While determining the framework of the study, it was thought that reading through the political texts would provide such an opportunity. The study focused primarily on the intellectual infrastructure of freedom of expression and, accordingly, included general assessments of the issue in political texts and touched on the concept of authority, which is of great importance for determining the scope of freedom. In particular, it is emphasized on which power the administrators, who are at the head of the administrative power, base their authority on and from which principles the boundaries of this should be determined. It is seen that the political texts related to political life, oriented to ideal principles and taking into account reality, contain important assessments of the source of authority in terms of creating a ground of legitimacy or making sense of the existing situation. When evaluating the issue, it is highly evident that politicians point out that the main purpose of the existence and use of authority is the idea of order. In this context, what kind of precautions have to be taken in case of violation of the determined borders to maintain order is one of the most important issues of the policy books. Among these precautions, the idea of limiting all freedoms, especially freedom of expression, has an important place. The article also points out the possible contributions of the suggestions made in this context to the reactions that may arise in different political and social situations. At the beginning of the mentioned contributions, there are assessments on overcoming an obstacle that causes rulers not to perceive some facts adequately. This creates a serious obstacle to a healthy communication with different layers of society, and can be expressed as a masking effect. One of the main issues that the article focuses on is the suggestions of politicians on how to use the freedom of expression of the broad masses that make up the body of society. These suggestions state that the governed also have responsibilities at the point of determining the framework of the dialectical relationship between the different dimensions of the social structure. The social understandings that developed in the post-modern world have a nature that puts the individual in the foreground much more than traditional approaches. This may have produced positive effects to some extent. However, it seems that a serious erosion in the culture of people’s coexistence occurred on this occasion. The problematic use of freedom in general and freedom of expression in particular may be one reason for this. From the point of view of the states that are the highest social structures, it can also be said that these problems are increasing day by day. Therefore, the medium-term result of the desire to ensure individual freedoms may sometimes appear as chaos, and the long-term result may appear as the emergence of a more authoritarian structure again. In fact, these authoritarianism tendencies can gain strength by being based on reasonable grounds, such as misuse of freedoms of expression. It should be noted that to overcome these problems, political texts can help to prevent major social breakdowns by providing important alternatives to the disinterest which was created by the modern era. In this context, the study also touches on the conditions under which freedom of expression can be restricted according to political statements. (shrink)

Professor Weil’s thesis seems largely correct with respect to the United States, whose law on religious establishment I regularly teach. Funding is central to American debates over religious establishment. The fight over religious establishments in Virginia, which inspired both James Madison’s “Memorial and Remonstrance against Religious Assessments” and Thomas Jefferson’s “An Act for Establishing Religious Freedom,” was over whether persons could be forced to pay taxes to support religious instruction. Financial concerns were at (...) the root of church-state debates in the nineteenth century, when Protestants repeatedly rebuffed Catholics who wanted funding for Catholic private schools. Many state constitutions still have what are known as mini-Blaine Amendments that forbid public funding for religious institutions. Whether proponents of a strong separation between church and state in the United States are fighting the same battles as proponents of a strong separation of church and state in France is nevertheless problematic. The French revolutionaries had to subordinate a reactionary church. The American revolutionaries merely had to negotiate peace treaties among the different sects that supported the Declaration of Independence. Separation of church and state in the United States is best conceptualized as a division of labor among liberal institutions rather than a means for purging anti-liberal religion from the liberal public sphere. (shrink)

Nicholas Wolterstorff and Christopher J. Eberle have defended the view that the ethics of liberal citizenship allows citizens to publicly support the passage of coercive laws based solely on their religious convictions. They also develop positive conceptions of virtuous citizenship that place moral limits on how citizens may appeal to their religion. The question I address in this essay is whether the limits they impose on citizens’ appeals to their religion are adequate. Since Eberle’s “ideal of conscientious engagement” provides (...) us with the most extensive statement of these limits, it is the primary focus of my attention here. My conclusion is that in its current form, Eberle’s ideal is not constraining enough. In the first section, I argue that Eberle’s ideal does not require citizens to be self-critical enough about their religious and political commitments. In the second section, I highlight a conflict between Eberle’s ideal and the need for citizens to respect the religious freedom of their fellow citizens. I argue that the way to resolve this conflict is to adopt a more fine-grained conception of religious reasons and to hold that citizens should not rely on religious reasons of certain kinds. In the final section, I argue that laws punishing or discouraging homosexual conduct (which Eberle’s ideal would apparently allow) violate what Wolterstorff calls “the Idea of liberal democracy” and so are not the kind of proposal that virtuous citizens can defend. (shrink)

In a number of recent federal court cases parents have sought to have their children exempted from certain school activities on the grounds that the children's participation in those activities violates their (the parents') right to freedom of religion. In Mozert v. Hawkin's County Public Schools (827 F. 2nd 1058) fundamentalist parents of several Tennessee public school children brought civil action against the school board for violating their constitutional right of freedom of religion. These parents sought to prevent (...) their children from exposure to beliefs or practices opposed to their (the parents') religious convictions. They claim that elementary school readers introduce ideas repugnant to their and their children's deeply held religious tenets. (shrink)

The article analyzes the key issues of the theology of the modern Greek theologian Chrysostomos Stumulis. Emphasizing the need for the development of Orthodox thought and a clear definition of its place and role in the modern world, the theologian raises issues that are a definite taboo not only for Orthodoxy, but for Christianity as a whole. The problem of the correlation of Eros love and Agape love acquires a new interpretation from theologian, which reveals new horizons for the creation (...) of the latest Christian anthropology. In this context, the view of the theologian is revealed on the relationship between the key anthropological categories of Christianity - faith, love and freedom. Violation of their interaction generates a distorted embodiment of these qualities, which necessitates degradation both of society and of man. The theologian emphasizes that the inability of the Church for millennia to boldly raise the question of the nature of Eros and give him a worthy place in the nature of incarnation limits both the Church and the understanding of Christ. Modern theological thought must respond to problems that are too acute in society, despite the fact that they can be a challenging task for Orthodoxy. The ability of theology to respond to them, generates a "high risk" theology, which has the determination to speak and show the morbidity of an idealized past, dare to point out that some aspects of universally accepted truths are obsolete. The formation of a culture of embodiment is the basis upon which the theologian develops the Theology of the Word of the Flesh. Spirituality, which denies incarnation, in the opinion of the author, appears as pastoral idolatry and leads to dehumanization of society. Understanding the culture of theology as a manifestation of the culture of the flesh, as an expression of all aspects of human life in the perspective of their transformations through the Person of the Incarnate, appears as a continuation and expansion of creation. Love requires the adoption of matter and the human body. Only in this sense disclosure of a human as a Person, in the full extent of his creative spirit. Holistic understanding and a fair assessment of love - eros describes it as an opportunity for revelation and knowledge of both human personality and divine. Violating questions of love, sexuality, desire and satisfaction, the theologian indicates that they have not only anthropological nature, but are a holistic manifestation of the essence of the church body. Consequently, the accusation of Eros by Orthodox theologians points to an inhuman society, full of objections and accusations in human existential self-consciousness. The theologian draws attention to the need for theological discourse in the 21st century in the context of the formation of modern anthropology, in the aspect of disclosure of its completeness, which was lost in the abolition of theology. (shrink)

In today's conditions of Ukraine's development, strengthening its legal foundation and establishing a democratic civil society is an urgent problem of the person's ability to exercise the rights and freedoms guaranteed by the constitution and other legislative acts. Recently, in the world, cases of human rights violations in connection with religious, racial, linguistic and other differences have become more frequent and more frequent in the world. The ambiguity, the antagonistic nature of the definitions and the relation between the concepts (...) of various social groups, such as the national, religious minority, etc., often leads to speculation and aggravation of the ethnopolitical situation. This explains the relevance of this study. (shrink)

Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing (...) the reasons and principles that justify the basic rights of citizens. (shrink)

Departing from a critical norm research perspective, the paper first sketches the need to unveil the Eurocentric and secular bias of International Relations (IR) as a discipline in general and its constructivist norm research program in particular. With regard to human rights norms, and religious freedom in particular, the dominant liberal-secular international human rights law understanding of religious freedom marginalizes religious, and especially, Islamic grounds and understandings of this truly global norm. Indeed, it demonstrates both, (...) the dominant ideational perspective of religious freedom as a Western human right grounded by Western-canonical thinkers, and the limits of accommodating religion and religious voices in IR. In contrast, and against the background of a post-secular IR, the paper seeks to unveil alternative and marginalized bodies of Islamic knowledge for the sake of a more comprehensive picture to be painted by IR. By reconstructing reformist Islamic thought and Islamic ideational perspectives and conceptualizations of religious freedom, the paper seeks to let these voices speak for themselves as truly genuine Islamic contributions to IR. The overall aim is threefold: to theoretically connect critical norm research and post-secular approaches with reformist Islamic thought by conceptualizingijtihadas religious norm contestation; to unveil the double marginalized character of critical Muslim voices in IR; and finally to paint a broader and more comprehensive picture of Islam and IR by revealing an alternative Islamic genealogy of universal religious freedom. (shrink)

This is the most thorough philosophical analysis available of the principle of religious freedom. It draws on the thought of philosophers and political theorists (Rawls, Habermas, Murray, Rorty, Greenawalt, and Mead) rather than on the framers of the Constitution and the Bill of Rights.

Contemporary liberal societies are seeing increasing pressure on individuals to act against their consciences. Most of the pressure is directed at freedom of religion but it also affects ethical beliefs more generally, contrary to the recognition of freedom of religion and conscience as a basic human right. I propose that freedom of dissociation, as a corollary of freedom of association, could be a practical and ethically acceptable solution to the conscience problem. I examine freedom of (...) association and explain how freedom of dissociation follows from it, showing how dissociation protects freedom of religion and conscience. Extreme cases, such as the problem of the Satanist nurse, can be handled within a dissociationist framework, so it is reasonable to think less extreme cases can also be dealt with. The serious objection that dissociationism entails unjust discrimination is answered primarily by appeal to the need for ‘full and fair access’ to goods and services by all groups. I then allay important concerns about what kind of liberal society we should want to live in. Next, I refute the charge that a dissociationist society violates liberalism's ‘higher good’, arguing that liberalism strictly does not have a higher good. I conclude with some reflections on what a dissociationist society might look like. (shrink)

Religious freedom is one of the most debated and controversial human rights in contemporary public discourse. At once a universally held human right and a flash point in the political sphere, religious freedom has resisted scholarly efforts to define its parameters. Taliaferro explores a different way of examining the tensions between the aims of religion and the needs of political communities, arguing that religious freedom is a uniquely difficult human right to uphold because it (...) rests on two competing conceptions, human and divine. Drawing on classical natural law, Taliaferro expounds a new, practical theory of religious freedom for the modern world. By examining conceptions of law such as Sophocles' Antigone, Maimonides' Guide of the Perplexed, Ibn Rushd's Middle Commentary on Aristotle's Rhetoric, and Tertullian's writings, The Possibility of Religious Freedom explains how expanding our notion of law to incorporate such theories can mediate conflicts of human and divine law and provide a solid foundation for religious liberty in modernity's pluralism. (shrink)

In the article by Alla Aristova "Ukraine: Beyond the Boundaries of Religious Freedom", the changes in the confessional landscape, and in the level and quality of religious freedom that have occurred in recent years in the annexed and occupied territories of Ukraine are analyzed. The features of the religious situation on the Crimean peninsula and the Eastern regions of Ukraine are generalized.

This chapter contains sections titled: Mill on Liberty Khomeini v. Rushdie Fukuyama Giving Up on the Arab World The Limits of Free Speech The Deontological and Utilitarian Justifications for Free Speech Clifford on the Duty to Critique Freedom of Speech and Philosophers on the Index Intolerance not Restricted to Islam Giniewski v. France Freethought under Fire People Are not Being Insulted for Having a Religion Racism without Race Social Criticism not Identical with the Urge to Provoke Flemming Rose on (...) Why He Published the Danish Cartoons The Theory of Evolution: Too Controversial to Defend? Is There Another Way to Discover the Truth than by Free Discussion? (shrink)

Religious pluralism in healthcare means that conflicts regarding appropriate treatment can occur because of convictions of patients and healthcare workers alike. This contribution argues for a presumption in favour of respect for religious belief on the basis that such convictions are judgements of conscience, and respect for conscience is core to what it means to respect human dignity. The human person is a subject in relation to all that is. Human dignity refers to the worth of human persons (...) as members of the species with capacities of reason and free choice that enable the realisation of dignity as self-worth through morally good behaviour. Conscience is both a feature of inherent dignity and necessary for acquiring dignity as self-worth. Conscience enables a person to identify objective values and disvalues for human flourishing, the rational capacity to reason about the relative importance of these values and the right way to achieve them and the judgement of the good end and the right means. Human persons are bound to follow their conscience because this is their subjective relationship to objective truth. Religious convictions are decisions of conscience because they are subjective judgements about objective truth. The presumption of respect for religious belief is limited by the normative dimension of human dignity such that a person's beliefs may be overridden if they objectively violate inherent dignity or morally legitimate acquired dignity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Catholic Social Teaching and the Allocation of Scarce ResourcesJohn Langan S.J. (bio)I shall approach the issue of justice in the allocation of scarce resources from the viewpoint of Catholic social teaching, as developed over the last century. This teaching is found primarily in the social encyclicals issued by popes from Leo XIII (1878–1903) to John Paul II (1978- ), but also in the pastoral letters of the various bishops’ (...) conferences, especially in the United States and in Latin America. These documents, which enjoy a high standing in Catholic teaching but which are not taken as binding in all their particulars, form part of a tradition of moral and social theorizing that a contemporary American would regard as “communitarian.” On social questions, this tradition also has shown itself to be historicist in that it is capable of modifying itself in significant ways in response to changing political and economic situations. It normally approaches issues from a universalist perspective, though it has shifted from a preoccupation with the concerns of the industrial societies of Europe to an advocacy of much of the reform agenda of the Third World.Rooted in classical and biblical sources and modified in the course of the last [End Page 401] century to include a principled acceptance of religious freedom, of human rights, and of democratic political institutions, the Catholic social tradition proposes a number of ideas that can serve as the basis for significant criticism of currently dominant liberal modes of organizing and interpreting advanced industrial societies. These ideas do not form a countertheory to liberalism so much as they indicate ways in which a religious organization that includes both hierarchical and egalitarian elements in its structure and that has both moral commitments and practical responsibilities with regard to health care can draw on its intellectual resources to develop alternative strategies for the reform of health care.I shall survey six ideas that figure prominently in Catholic social teaching and that are relevant to the allocation of scare resources in American health care. Space constraints require that I present them in a very condensed fashion, without tracing the complex development they have undergone in the internal Catholic debate or subjecting them to much criticism.First, Catholic social teaching, especially the great encyclical of John XXIII, Pacem In Terris (PT 1963), affirms the full range of human rights recognized in such modern documents as the Universal Declaration of Human Rights (1949). In addition to the civil and political rights enumerated in the Bill of Rights added to the original U.S. Constitution (1791), the Universal Declaration includes rights “to life, to bodily integrity, and to the means which are suitable for the proper development of life; these are primarily food, clothing, shelter, rest, medical care, and finally the necessary social services” (PT 11). Catholic social teaching has not committed itself to one particular way of institutionalizing these rights, but it effectively endorses the comprehensive West European welfare states that the Christian Democratic political parties helped to construct in the period after 1945.Second, Catholic social teaching has accorded a central organizing role to the notion of the common good, the realization of which “is the whole reason for the existence of civil authorities” (PT 54). The common good, however, is not to be understood as identical with the interest or the power of the state; rather, it “embraces the sum total of those conditions of social living whereby men are enabled to achieve their own integral perfection more fully and more easily” (PT 58; quoting Mater et Magistra). John XXIII is particularly anxious to affirm that the common good cannot be construed so as to exclude some groups or to violate the rights of individuals and that it must include both physical and spiritual goods (PT 55–61). The notion of the common good has both an inherent attractiveness and a vagueness that cries out for specification and clarification. But in the contemporary situation it serves to remind us that “individual citizens and intermediate groups are obliged to make their specific contributions to the common welfare” (PT 53).Third, while an insistence on the primacy of the common good and on the [End Page 402... (shrink)

John Paul II frames the issue of disenchantment and re-enchantment in terms of “alienation” and “participation”--various works of human power recoil upon the person and inhibit full human development and participation. The neglect and distortion of human rights is one such form of alienation indicating the deeper issue concerning human flourishing. John Paul encourages a radical questioning about human progress so as to better understand the threats that accompany bureaucratic increase in power. Aspects of cultural and human development offer a (...) challenge to mankind to overcome alienation and to participate in community and social love. Through an appeal to the Spirit, and the search for truth, goodness, and beauty, John Paul seeks to open up a lived path to God by way of the person’s transcendence. (shrink)

The aim of this article is to consider the prospects of a liberal conception of religious freedom in some Muslim-majority states. Part I offers a brief sketch of three approaches to religious freedom that inform my view. Part II then presents a liberal framework for religious toleration that draws ideas from Rainer Forst’s Toleration in Conflict, as well as some perennial themes in classical liberal thought. I briefly examine three case studies in Part III: the (...) Turkish Republic; the Arab Spring states; and the post-Soviet republics of Central Asia. This is followed by a short conclusion. (shrink)

_From one of the leading historians of Christianity comes this sweeping reassessment of religious freedom, from the church fathers to John Locke_ In the ancient world Christian apologists wrote in defense of their right to practice their faith in the cities of the Roman Empire. They argued that religious faith is an inward disposition of the mind and heart and cannot be coerced by external force, laying a foundation on which later generations would build. Chronicling the history (...) of the struggle for religious freedom from the early Christian movement through the seventeenth century, Robert Louis Wilken shows that the origins of religious freedom and liberty of conscience are religious, not political, in origin. They took form before the Enlightenment through the labors of men and women of faith who believed there could be no justice in society without liberty in the things of God. This provocative book, drawing on writings from the early Church as well as the sixteenth and seventeenth centuries, reminds us of how “the meditations of the past were fitted to affairs of a later day.”. (shrink)

We discuss whether and under what conditions people should be allowed to choose which COVID-19 vaccine to receive on the basis of personal ethical views. The problem arises primarily with regard to some religious groups’ concerns about the connection between certain COVID-19 vaccines and abortion. Vaccines currently approved in Western countries make use of foetal cell lines obtained from aborted foetuses either at the testing stage or at the development stage. The Catholic Church’s position is that, if there are (...) alternatives, Catholic people have a moral obligation to request the vaccine whose link with abortion is more remote, which at present means that they should refuse the Oxford/AstraZeneca vaccine. We argue that any consideration regarding free choice of the vaccine should apply to religious and non-religious claims alike, in order to avoid religion-based discrimination. However, we also argue that, in a context of limited availability, considering the significant differences in costs and effectiveness profile of the vaccines available, people should only be allowed to choose the preferred vaccine if: 1) this does not risk compromising vaccination strategies; and 2) they internalize any additional cost that their choice might entail. The State should only subsidize the vaccine that is more cost-effective for any demographic group from the point of view of public health strategies. (shrink)

Tenure is designed to protect the academic freedom of faculty members by insulating them from arbitrary dismissal by administrative authorities external to their community of scholars. Therefore, the target article's focus on constraints that derive from peer pressures and academic politics is misplaced, rendering the results of the survey irrelevant to the issue of the value of tenure. (Published Online February 8 2007).

For several decades, the international community has criticized Turkey for failing to uphold the human rights and freedoms of its citizens and for not realizing the principles of non-discrimination and equality within its borders. As Turkey’s European Union candidacy proceeds, religious groups such as the Alevis claim to face discrimination and violations of their human rights and freedoms by the Turkish state. The Justice and Development Party debated the Alevis’ problems and structured the Alevi Initiative, which conducted relevant workshops (...) and discussions. Alevi arguments regarding their places of worship and the state’s religious education policy were identified as their main challenges. Alevis argued that the state’s policies on religious education and places of worship discriminated against them and violated their human rights. Through several human rights law cases before domestic and international tribunals, Alevis requested fulfillment, protection, and assurance of their human rights and freedoms. Several court decisions agreed that Alevis’ human rights and freedoms were being violated. However, the challenges and demands of Alevis still persist, as they contend that they have not succeeded in gaining the human rights and freedoms as required in contemporary Turkey under the JDP government. (shrink)

This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology. The work defends autonomy-based liberalism and elaborates how this liberalism can meet the requirements of liberal neutrality. The chapters also explore religious education and the financing of institutionalized religion. This volume collates the work of top scholars in the field. Starting from the idea that autonomy-based liberalism is an adequate framework for the requirement of liberal neutrality, the author elaborates why a liberal (...) state can support religions and how she should do this, without violating the principle of neutrality. Taking into account the principle of religious freedom and the separation of church and state, this work explores which criteria the state should take into account when she actively supports religions, faith-based schools and religious education. A number of concrete church-state models, including hands-off, religious accommodation and the state church are evaluated, and the book gives some recommendations in order to optimize those church-state models, where needed. Practitioners and scholars of politics, law, philosophy and education, especially religious education, will find this work of particular interest as it has useful guidelines on policies and practices, as well as studies of church-state models. (shrink)

The concept of riddah (apostasy) in Islam is a controversial issue, especially when it comes to religious freedom. Therefore, this article aims to analyse the application of the Maqāṣidi (Higher Objectives of Islamic Law) interpretation of Ibn ‘Āshūr in interpreting the verse on religious freedom in relation to riddah. According to Ibn ‘Āshūr, the main objectives in revealing the Qur’an are based on three things, namely ṣalāh al-aḥwāl al-fardiyyah (individual betterment), ṣalāh al-aḥwāl al-jamā’iyyah (collective good) and (...) ṣalāh al-aḥwāl al-‘Umrāniyyah (the good of civilisation). Salāh al-aḥwāl al-fardiyyah provides meaning to the fulfilment of individual rights, such as the freedom of choice in belief or religion. Thus, in Ibn ‘Āshūr’s view, religion, which is considered something personal, is used to determine communal good and inevitably influences the goodness of human civilisation in the world. Based on the Maqāṣidi Interpretation of Ibn ‘Āshūr, this article argues that the death penalty for riddah needs to be reinterpreted for theological, historical and political reasons. Furthermore, its imposition is contrary to the dimension of ḥifẓ al-nafs (guarding the soul) and ḥifẓ al-dīn (maintaining religion). Contribution: This article provides insight into the contribution of Ibn ‘Āshūr through the Maqāṣidi interpretation in viewing the issue of religious freedom in relation to riddah. It contributes theoretically to become a conceptual framework to respond to the issue of riddah. (shrink)

With the independence of Republic of Macedonia and the adoption of the Constitution of Macedonia, the country went through a substantial socio-political transition. The concept of human rights and freedoms, such as religious freedoms in the Macedonian Constitution is based on liberal democratic values. The Macedonian Constitution connects the fundamental human rights and freedoms with the concept of the individual and citizen, but also with the collective rights of ethnic minorities, respecting the international standards and responsibilities taken under numerous (...) international human rights conventions and treaties, of which the country is a party. Republic of Macedonia has ratified all the so called “core human right treaties” and now the real challenge lies in the implementation of the international standards. Some of these international conventions and treaties of the United Nations and of the Council of Europe are inherited by succession from the former Yugoslavian federation. Religious freedoms are guaranteed by the Universal Declaration of human rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. According to the Constitution of the Republic of Macedonia “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others, is guaranteed„. After the conflict of 2001 the Ohrid Framework Agreement secured group rights for ethnicities that are not in majority in the Republic of Macedonia. The present Law on the legal status of the church, religious communities and religious groups of 2007, repealed the Law on religion and religious groups of 1997. (shrink)

Schon als Schüler erlernte Ignaz von Döllinger so hervorragend die englische Sprache, dass ihn später viele seiner britischen Korrespondenzpartner und Freunde für einen native speaker hielten. Seine ausgezeichneten Englisch-Kenntnisse ermöglichten dem Münchner Kirchenhistoriker und Präsidenten der Bayerischen Akademie der Wissenschaften nicht nur eine intensive Wahrnehmung und Lektüre englischsprachiger Publikationen, darunter auch politischer Zeitungen und Zeitschriften, sondern auch eine sehr genaue Beobachtungen der kirchenpolitischen Auseinandersetzungen in der Church of England, die er als die faszinierendste aller nachreformatorischen Kirchenbildungen hoch schätzte. Der Beitrag (...) macht zunächst an Döllingers The Church and the Churches aus dem Jahre 1861, sodann an den kurz nach der deutschen Reichsgründung, 1872 gehaltenen Lectures on the Reunion of the Churches, weiterhin an den von Döllinger initiierten Bonner Unionskonferenzen 1874/75 und kurz auch an The History of Religious Freedom die wachsende Sympathie Döllingers für den anglikanischen Kirchentypus deutlich. Zwar litter stark unter Edward B. Puseys Ablehnung der Bonner Konsensgespräche. Aber langfristig bereitete Döllinger mit seinen zahlreichen ökumenischen Initiativen den Weg für die 1931 vereinbarte Abendmahlsgemeinschaft zwischen Anglikanern und Altkatholiken. (shrink)

The reviewer presents the main theses of Martha Nussbaum's latest book and enters into discussion with it. Although the reviewer does not object to Nussbaum's thesis on the important role of religion in the individual's life, she nevertheless believes that what may arouse controversy is Nussbaum's failure to distinguish between a religious community and sects that may be dangerous to their members. Next, since Nussbaum defends Islam by saying that it is compatible with women's rights, the reviewer challenges this (...) statement by pointing out that Nussbaum's charge against European governments may also be levelled against Muslims themselves. The reviewer also charges Nussbaum with not following, on numerous occasions, the very principles she introduces. (shrink)

If the paradigm of secularization as replacement was falsified by the permanent vitality of the religious dimension on the world horizon and in the public sphere, the universalization of the paradigm of secularization as differentiation, on the contrary, turns out to be an essential guarantee of the maintenance and promotion of the rule of law and human rights. From an alternative perspective to both secularism and fundamentalism, public theology today is therefore called upon to reconstruct and argumentatively justify the (...) function of religious freedom as a basic principle of democratic society, within the framework of cognitive and normative disjunction between religion and citizenship which rules modernity. It is urgent to theologically demystify the regressive manipulation of this principle, as a vector of a democratically disruptive tribal pluralism, in contradiction with its nature as a catalyst for an integrative pluralism essential for social cohesion and the common good. (shrink)

Introduction -- Membership -- Employment -- Property disputes -- The family -- Goods and services -- Conclusion.

In lieu of an abstract, here is a brief excerpt of the content:Clarifying the Relationship Between Vice and Mental Disorder: Vice as Manifestation of a Psychological DysfunctionMichael B. First (bio)KeywordsDSM-IV, psychiatric diagnosis, impulse control disorders, sexually violent predator commitmentIndividuals generally present for psychiatric evaluation for one of two reasons: either because they themselves are suffering from a psychiatric symptom that causes distress (e.g., severe panic) or impairs their ability to function effectively (e.g., memory loss), or else they are brought to (...) clinical attention because their behavior or attitudes are considered by others to be problematic. There are a wide range of behaviors that fall into this second category. In some cases, the individual is pressured to seek treatment because of the negative impact that a behavior has on a relationship partner (e.g., sexual dysfunction, anger outbursts) or an employer (e.g., excessive alcohol use). Often, however, the external trigger for a clinical evaluation falls under Sadler’s definition of vice, that is, criminal (illegal) behaviors or attitudes that could be considered “wrongful” or “immoral” in the social arena because the behavior violates the law or an important social more.Given that one of the most important goals of the Diagnostic and Statistical Manual of Mental Disorders (DSM) is to facilitate clinical practice (First et al. 2004) and in doing so provide a diagnostic code to cover any patient that might present himself or herself to a mental health professional, the DSM has evolved over its various editions to become a veritable laundry list of psychological and behavioral ills, some of which may constitute a violation of the rights of others or society. The DSM-III (and its successors) have adopted a descriptive approach wherein disorders are defined in terms of their presenting surface symptomatology, which was necessitated by the field’s lack of knowledge about the underlying etiology of mental disorders. Given this reliance on presenting symptoms, it is therefore inevitable that some disorders are defined in terms of behaviors that can be considered vices. For example, impaired impulse [End Page 35] control often leads to acting out behavior that, at its mildest is inappropriate, and at its most severe is destructive to self and others. Many of the disorders cited by Sadler as being vice-laden fall into this category, namely, pyromania (failure to resist impulses to set fires), kleptomania (failure to resist impulses to steal), intermittent explosive disorder (failure to resist aggressive impulses), certain forms of substance abuse (i.e., those involving possession and use of illegal substances) and paraphilias (i.e., those involving nonconsenting victims).It is important to clarify from the outset that the criteria for determining whether a behavior is a “vice” (i.e., whether it is illegal or immoral) is not equivalent to the criteria for determining whether a behavior is indicative of a mental disorder. According to the DSM-IV-TR definition, a mental disorder is conceptualized as a “clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress (e.g., a painful symptom) or disability (i.e., impairment in one or more important areas of functioning) or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom” (American Psychiatric Association [APA] 2000, xxxi). The definition warns against considering “deviant behavior[s] (e.g., political, religious, or sexual)” and “conflicts that are primarily between the individual and society” to be evidence of mental disorder except in those cases in which the “deviance or conflict is a symptom of a dysfunction in the individual.” Thus, when considering whether a particular “vice” behavior is a component of a mental disorder, it is crucial to determine whether the behavior is a manifestation of an underlying psychological dysfunction, such as a dysfunction in impulse control. If so, it may potentially be appropriate for that individual to be treated as “medically ill” in addition to, or instead of, being treated simply as a criminal.Let us examine some illustrative examples of cases that demonstrate the relationship between vice and mental disorders and the different ways in which the legal and mental health systems might deal with such cases. Consider the case of an individual who breaks... (shrink)

This chapter contains sections titled: Early Religious Freedom The Eve of Revolution Luther and Liberalism John Knox and the Scottish Enlightenment Natural Law Toward Religious Freedom Conclusion Discussion.