Freedom of Religion or Belief

An International Law Commentary

Michael Wiener author Nazila Ghanea author Heiner Bielefeldt author

Format:Hardback

Publisher:Oxford University Press

Published:21st Jan '16

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Freedom of Religion or Belief cover

Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of religion or belief is a key human right: the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodies (for example the Human Rights Committee, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. Freedom of Religion or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur's framework for communications, the commentary analyses, for example, the limitations on the wearing of religious symbols and vulnerable situations, including those of women, detainees, refugees, children, minorities and migrants, through a combination of scholarly expertise and practical experience.

This commentary, written by leading experts in the field, provides a clear examination and interpretation of the various international legal provisions relating to the right to freedom of thought, conscience, and religion and offers a critical assessment of the approaches of the United Nations (UN) Special Procedures and Treaty Bodies in protecting this right. ... Overall there is a tremendous richness to the discussions in this commentary, characterized by a deep understanding of and sensitivity toward the complex issues relating to freedom of religion or belief. This commentary will not only be an invaluable resource for scholars and practitioners working in the field but will also be a useful tool for anyone interested in any aspect of the relationship between religion/belief and international law. * Caroline K. Roberts, University of Bristol *
[...] each thematic chapter concludes with several pages of discussion referred to as 'issues of interpretation'. Here we do find the authors' own views on the topic. For example, for the conscientious objection chapter this includes the authors' very useful five-stage criteria for qualifying conscience claims, a discussion of case law at the European Court of Human Rights, and a collection of contemporary debates regarding conscientious objection in other spheres, such as participation in abortion procedures and various employment-related areas. The same five-fold chapter structure outlined above is followed for all the thematic chapters, providing a comprehensive reference guide to a multitude of FoRB issues. * Paul Coleman, ADF International, Vienna *
Freedom of Religion or Belief provides a rich commentary replete with cases and legislations. It is a must-read for diplomats, parliamentarians, legal practitioners, academics, human rights defenders, and members of religious communities, whose role is immaterial towards the realization of freedom of religion or belief. True to its ambition, the book provides access to various facets of freedom of religion or belief for effective policy decisions as well as for students of religion. It offers a ground-breaking, objective account, which has brought together the patchwork of law on religious freedom as a human right. * Sania Ismailee, Academic Council on the United Nations System (ACUNS) *

  • Winner of Winner of the Premio Alberigo Senior Book Award.

ISBN: 9780198703983

Dimensions: 249mm x 184mm x 45mm

Weight: 1394g

702 pages