The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights

This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.

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The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights

This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.

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The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights

The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights

by Anat Scolnicov
The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights

The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights

by Anat Scolnicov

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Overview

This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.


Product Details

ISBN-13: 9781136907050
Publisher: Taylor & Francis
Publication date: 10/18/2010
Series: Routledge Research in Human Rights Law
Sold by: Barnes & Noble
Format: eBook
Pages: 280
File size: 615 KB

About the Author

Anat Scolnicov is deputy director of the Centre for Public Law. She is lecturer and fellow in Law at Lucy Cavendish College, University of Cambridge, UK.

Table of Contents

Introduction. 1. Existing Protection Of Religious Freedom In International Law 2. Why Is There A Right To Freedom Of Religion? 3. The Legal Status Of Religion In The State 4. Women And Religious Freedom 5. Children, Education And Religious Freedom 6. Religious Freedom As A Right Of Free Speech 7. Conclusion

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