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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Freedom of Religion or Belief: An International Law Commentary

ISBN13: 9780198703983
Published: January 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00

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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 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 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.

Human Rights and Civil Liberties, Public International Law
The Underlying Principles of Freedom of Religion or Belief - Towards a Holistic Conceptualization
Overview of international human rights mechanisms
1. Freedom of religion or belief
1.1 Freedom to adopt, change or renounce a religion or belief
1.2 Freedom from coercion
1.3 The right to manifest one's religion or belief
1.3.1 Freedom to worship
1.3.2 Places of worship
1.3.3 Religious symbols
1.3.4 Observance of holidays and days of rest
1.3.5 Appointing clergy
1.3.6 Teaching and disseminating materials (including missionary activity)
1.3.7 The liberty of parents to ensure the religious and moral education of their children
1.3.8 Registration
1.3.9 Communicate with individuals and communities on religious matters at the national and international level
1.3.10 Establish and maintain charitable and humanitarian institutions/solicit and receive funding
1.3.11 Conscientious objection
2. Discrimination
2.1 Discrimination on the basis of religion or belief/inter-religious discrimination/tolerance
2.2 State religion
3. Vulnerable groups
3.1 Women
3.2 Persons deprived of their liberty
3.3 Refugees, asylum seekers and internally displaced persons
3.4 Children
3.5 Minorities
3.6 Migrant workers
4. Intersection of freedom of religion or belief with other human rights
4.1 Freedom of expression including questions related to religious conflicts, religious intolerance/extremism
4.2 Right to life, right to liberty
4.3 Prohibition on torture and other cruel, inhuman or degrading treatment or punishment
5. Cross-cutting issues
5.1 Derogation
5.2 Limitations
5.3 Legislative issues
5.4 Defenders of freedom of religion or belief and non-governmental organizations