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Facilitating Freedom of Religion Or Belief: a Deskbook Facilitating Freedom of Religion Or Belief: a Deskbook FACILITATING FREEDOM OF RELIGION OR BELIEF: A DESKBOOK FACILITATING FREEDOM OF RELIGION OR BELIEF: A DESKBOOK Published by the Oslo Coalition on Freedom of Religion or Belief in celebration of the 20th anniversary of the Declaration on the Elimination ofAll Forms of Intolerance and of Discrimination Based on Religion or Belief Editors: Tore Lindholm W. Cole Durham, Jr. Bahia G. Tahzib-Lie Associate Editors: Elizabeth A. Sewell Lena Larsen BYU International Center for Law The Norwegian Centre for Human Rights and Religion Studies University of Oslo Provo, Utah, USA Norway The Royal Norwegian Ministry of Foreign Mfairs Springer-Science+ Business Media, B.V. A C.I.P. Catalogue record for this book is available from the Library of Congress. Prinred on acid-free paper. ISBN 978-90-04-13783-7 ISBN 978-94-017-5616-7 (eBook) DOI 10.1007/978-94-017-5616-7 © 2004 Springer Science+Business Media Dordrecht Originally published by Martinus Nijhoff Publishers in 2004 Softcover reprint of the hardcover 1st edition 2004 Koninklijke Brill NV incorporates the imprim Marrinus Nijhoff Publishers. http:/ /www.brill.nl Ali rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher. Authorization to photocopy items for interna! or personal use is granted by Brill Academic Publishers provided that the appropriate fees are paid directly ro The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers MA 01923, USA. Fees are subject ro change. Cover illustration: Pablo Picasso, "Dance ofYourh" © Estate ofPablo Picasso/Artists Rights Society (ARS), New York To Defenders ofFreedom ofReligion or Belief and To Victims of Intolerance «Js it not true, my friend, that the river has very many voices? Has it not the voice of a king, of a warrior, of a bull, of a nightbird, of a pregnant woman and a sighing man, and a thousand other voices?» «Jt is so,» nodded Vasudeva, «the voices ofall living creatures are in its voice.» -Hermann Hesse, Siddhartha Any royalties ofthis book will be used to support the efforts of the Oslo Coalition on Freedom of Religion or Belief. CoNTENTS FoREWORD Thorbj0rn Jagland, Norwegian Minister of Foreign Mfairs, March 2000-0ctober 2001 .................................................... xm FOREWORD Abdelfattah Arnor, United Nations Special Rapporteur on Freedom of Religion or Belief................................................. xv FoREWORD Mary Robinson, United Nations High Commissioner for Human Rights, September 1997-September 2002 ................. xtx AcKNOWLEDGEMENTS . xxi. LIST OF ABBREVIATIONS . .. .. ... .. ... .. ... .. ... .. .. .. ... ... .. .. .. ... ... ... .. .. .. .. .XXlll . INTRODUCTION ............................................................................................... xxvii PART I: ORIGINS AND GROUNDS OF FREEDOM OF RELIGION OR BELIEF CHAPTER 1 Malcolm D. Evans, Historical Analysis of Freedom of Religion or Belief as a Technique for Resolving Religious Conflict............ 1 CHAPTER2 Tore Lindholm, Philosophical and Religious Justifications of Freedom of Religion or Belief....................................................... 19 PART II: FREEDOM OF RELIGION OR BELIEF: INTERNATIONAL NoRMS AND INSTITUTIONS CHAPTER 3 Natan Lerner, The Nature and Minimum Standards of Freedom of Religion or Belief...................................................................... 63 CHAPTER4 J ohan D. van der Vyver, The Relationship ofFreedom ofReligion or Belief Norms to Other Human Rights..................................... 85 CHAPTER 5 David Llewellyn and H. Victor Conde, Freedom ofReligion or Belief under International Humanitarian Law and International Criminal Law....................................................... 125 CHAPTER6 Manfred Nowak and Tanja Vospernik, Permissible Restrictions on Freedom of Religion or Belief.................................................. 147 CHAPTER 7 Theo van Boven, The United Nations Commission on Human Rights and Freedom of Religion or Belief.................................... 173 CHAPTER 8 Martin Scheinin, The Human Rights Committee and Freedom of Religion or Belief...................................................................... 189 CHAPTER 9 Doudou Diene, UNESCO)s Facilitation ofFreedom ofReligion or Belief......................................................................................... 203 CHAPTER 10 Javier Martinez-Torr6n and Rafael Navarro-Valls, The Protection of Religious Freedom in the System ofthe Council ofEurope ......... 209 CHAPTER 11 Urban Gibson and Karen S. Lord, Advancements in Standard Setting: Religious Liberty and OSCE Commitments................... 239 CHAPTER 12 J anne Haaland Matlary, Implementing Freedom of Religion in the OSCE: Experiences from the Norwegian Chairmanship ... 255 vm • Contents PART Ill: FREEDOM OF RELIGION OR BELIEF AND THE STATE CHAPTER 13 Jose de Sousa e Brito, Conscientious Objection .......................... 273 CHAPTER 14 Roland Minnerath, The Right to Autonomy in Religious Affairs . ....... ....... ........... ......... ...... ......... ... ......... ... ... ........... .. 291 CHAPTER 15 W. Cole Durham, Jr., Facilitating Freedom of Religion or Belief through Religious Association Laws ............................... 321 CHAPTER 16 Lee Boothby, Protecting Freedom ofReligion or Belief in Restricted or Institutional Settings.............................................. 407 CHAPTER 17 Roman Podoprigora, Freedom of Religion and Belief and Discretionary State Approval of Religious Activity ..................... 425 CHAPTER 18 Jean Bauberot, The Place ofReligion in Public Life: The Lay Approach......................................................................... 441 PART IV: WOMEN, PARENTS, AND CHILDREN CHAPTER 19 Bahia G. Tahzib-Lie, Dissenting Women, Religion or Belief, and the State: Contemporary Challenges that Require Attention...... 455 CHAPTER 20 ()zlem Denli, Between Laicist State Ideology and Modern Public Religion: The Head-Cover Controversy in Contemporary Turkey................................................................... 497 CHAPTER 21 Juliet Sheen, Burdens on the Right of Women to Assert Their Freedom of Religion or Belief....................................................... 513 CHAPTER 22 Ursula King, Hinduism and Women: Uses and Abuses of Religious Freedom........................................................................ 523 CHAPTER 23 Kari Elisabeth B0rresen, Religion Confronting Women's Human Rights: The Case ofRoman Catholicism....................... 545 CHAPTER 24 Geraldine Van Bueren, The Right to Be the Same, The Right to Be Different: Children and Religion ........................................... 561 PART V: CHANGING BELIEFS AND THE TENSIONS OF TOLERANCE CHAPTER 25 Eileen Barker, Why the Cults? New Religious Movements and Freedom of Religion or Belief....................................................... 5 7l CHAPTER 26 Willy Fautre, Alain Garay, and Yves Nidegger, The Sect Issue in the European Francophone Sphere............................................ 595 CHAPTER 27 Tad Stahnke, The Right to Engage in Religious Persuasion ....... 619 CHAPTER 28 Makau Mutua, Proselytism and Cultural Integrity .................. .. 651 CHAPTER 29 Nazila Ghanea, Apostasy and Freedom to Change Religion or Belief.......................................................................... 669 PART VI: CONTEXTS FOR FACILITATING FREEDOM OF RELIGION OR BELIEF CHAPTER 30 Archbishop Anastasios, Developing Shared Values and Common Citizenship in a Secular and Pluralist Society: How Religious Communities Can Contribute ..... ... ... ....... .. 689 Facilitating Freedom of Religion or Belief: A Deskbook • IX CHAPTER 31 Rajaji Ramanadha Babu Gogineni and Lars Gule, Humanism and Freedom from Religion . .... ... .... ... .. .... ... ... .. .. .. .. ... .. .. 699. CHAPTER 32 T. Jeremy Gunn, The United States and the Promotion of Freedom of Religion and Belief .................................................... 721 CHAPTER 33 Rudiger Noll, The Role of Religion and Religious Freedom in Contemporary Conflict Situations ............................................... 747 CHAPTER 34 Leonard Swidler, Freedom of Religion and Dialogue................. 761 CHAPTER 35 Inge Eidsvag, Tore Lindholm, and Barbro Sveen, The Emergence of Interfaith Dialogue: The Norwegian Experience .................... 777 CHAPTER 36 Ingvill Thorson Plesner, Promoting Tolerance through Religious Education . 791. CHAPTER 37 Jolanta Ambrosewicz-Jacobs, Religious Tolerance) Freedom of Religion or Belief, and Education: Results of the 2001 UN Conference . ... .. .. ... .. .. ... .. ... ... ... .. ... ... ... .. .... ... .. 813. CHAPTER 38 Elizabeth A. Sewell, Facilitating Freedom of Religion or Belief through NGOs ... .... ... .. .... .. .... ... .. .. .. ... .. ... .. ... .. .. ... .819 . CoNCLUSION The Editors, with Michael M. Roan ......................................... 843 EPILOGUE Gunnar Stalsett, President, International Advisory Council, The Oslo Coalition on Freedom of Religion or Belief.. ............ 853 CoNTRIBUTORS .................................................................................................. 855 APPENDICES INTRODUCTION .................................................................................................. 871 APPENDIX A: Major International Provisions on Freedom of Religion or Belief
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