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South Australia Law Reform Institute
Issues Paper 3 October 2013 South Australian Law Reform Institute Nothing but the truth Witness oaths and affirmations The South Australian Law Reform Institute was established in December 2010 by agreement between the Attorney-General of South Australia, the University of Adelaide and the Law Society of South Australia. It is based at the Adelaide University Law School. Postal address: SA Law Reform Institute Adelaide Law School University of Adelaide North Terrace Adelaide SA 5005 Contact details: (08) 8313 5582 [email protected] www.law.adelaide.edu.au/reform/ Publications All SALRI publications, including this one, are available to download free of charge from www.law.adelaide.edu.au/reform/publications/ If you are sending a submission to SALRI on this Issues Paper, please note: the closing date for submissions is Friday 17 January 2014; there is a questionnaire in downloadable form at www.law.adelaide.edu.au/reform/publications/ we would prefer you to send your submission by email; we may publish responses to this paper on our webpage with the Final Report. If you do not wish your submission to be published in this way, or if you wish it to be published anonymously, please let us know in writing with your submission. The cover illustration is from The Project Gutenberg EBook of The Magic Pudding by Norman Lindsay. The eBook may be read or downloaded from <http://www.gutenberg.org/files/23625/23625- h/23625-h.htm> Contents ABBREVIATIONS 2 PARTICIPANTS 3 ACKNOWLEDGEMENTS 3 TERMS OF REFERENCE 4 OVERVIEW 4 1 HISTORICAL BACKGROUND -
The Ethno-Cultural Belongingness of Aromanians, Vlachs, Catholics, and Lipovans/Old Believers in Romania and Bulgaria (1990–2012)
CULTURĂ ŞI IDENTITATE NAŢIONALĂ THE ETHNO-CULTURAL BELONGINGNESS OF AROMANIANS, VLACHS, CATHOLICS, AND LIPOVANS/OLD BELIEVERS IN ROMANIA AND BULGARIA (1990–2012) MARIN CONSTANTIN∗ ABSTRACT This study is conceived as a historical and ethnographic contextualization of ethno-linguistic groups in contemporary Southeastern Europe, with a comparative approach of several transborder communities from Romania and Bulgaria (Aromanians, Catholics, Lipovans/Old Believers, and Vlachs), between 1990 and 2012. I am mainly interested in (1) presenting the ethno-demographic situation and geographic distribution of ethnic groups in Romania and Bulgaria, (2) repertorying the cultural traits characteristic for homonymous ethnic groups in the two countries, and (3) synthesizing the theoretical data of current anthropological literature on the ethno-cultural variability in Southeastern Europe. In essence, my methodology compares the ethno-demographic evolution in Romania and Bulgaria (192–2011), within the legislative framework of the two countries, to map afterward the distribution of ethnic groups across Romanian and Bulgarian regions. It is on such a ground that the ethnic characters will next be interpreted as either homologous between ethno-linguistic communities bearing identical or similar ethnonyms in both countries, or as interethnic analogies due to migration, coexistence, and acculturation among the same groups, while living in common or neighboring geographical areas. Keywords: ethnic characters, ethno-linguistic communities, cultural belongingness, -
Vernacular Religion in Diaspora: a Case Study of the Macedono-Bulgarian Group in Toronto
Vernacular Religion in Diaspora: a Case Study of the Macedono-Bulgarian Group in Toronto By Mariana Dobreva-Mastagar A Thesis submitted to the Faculty of Trinity College and the Theological Department of the Toronto School of Theology In partial fulfilment of the requirements for the degree of Doctor of Philosophy in Theology awarded by the University of St. Michael's College © Copyright by Mariana Dobreva-Mastagar 2016 Vernacular Religion in Diaspora: a case Study of the Macedono-Bulgarian group in Toronto PhD 2016 Mariana Dobreva-Mastagar University of St.Michael’s College Abstract This study explores how the Macedono-Bulgarian and Bulgarian Eastern Orthodox churches in Toronto have attuned themselves to the immigrant community—specifically to post-1990 immigrants who, while unchurched and predominantly secular, have revived diaspora churches. This paradox raises questions about the ways that religious institutions operate in diaspora, distinct from their operations in the country of origin. This study proposes and develops the concept “institutional vernacularization” as an analytical category that facilitates assessment of how a religious institution relates to communal factors. I propose this as an alternative to secularization, which inadequately captures the diaspora dynamics. While continuing to adhere to their creeds and confessional symbols, diaspora churches shifted focus to communal agency and produced new collective and “popular” values. The community is not only a passive recipient of the spiritual gifts but is also a partner, who suggests new forms of interaction. In this sense, the diaspora church is engaged in vernacular discourse. The notion of institutional vernacularization is tested against the empirical results of field work in four Greater Toronto Area churches. -
RELIGION and SECULARISM in MODERN BULGARIA Anastasia V
ISSN 2414-1143 Научный альманах стран Причерноморья. 2017. Том 12. № 4 DOI 10.23947/2414-1143-2017-12-4-33-41 UDC322 RELIGION AND SECULARISM IN MODERN BULGARIA Anastasia V. Matetskaya Southern federal university. Rostov-on-Don, Russian Federation [email protected] In recent decades, the classical theory of secularization has been criticized because it does not make it possible to provide an adequate analysis of the religious situation in the world at the end of the 20th - be- ginning of the 21st centuries. New theoretical approaches that take into account activization of religions in recent decades and conversion of forms of religiosity are emerging. However, criticism of the secularization theory does not mean that all of its conclusions were erroneous. According to this theory, the most important aspect of secularization was the process of separating religion from other social institutions, in particular, from the state. As a result of the secularization process in Western societies, a secular state was formed, and religion turned into a private matter of an individual, that was reflected in the concepts of the privatization of religion, the invisible religion, etc. The result of secularization was the dominance of secularism as a form of world outlook and the appearance of a way of social life that implies not only separation of religion from the state and other social institutions, but dominance of secular values, ideas and norms in the public and worldview sphere. In the modern globalizing world, the spreading of secularism is a part of the global spread- ing of Western values. However, outside Western European societies, secularism can take forms which are different from the Western model historically based on the rethinking of the Catholic and Protestant heritage. -
The Muslim-Turkish Minority in Bulgaria
BULGARIAN HELSINKI COMMITTEE MEMBER OF THE INTERNATIONAL HELSINKI FEDERATION FOR HUMAN RIGHTS The Human Rights of Muslims in Bulgaria in Law and Politics since 1878 Sofia November 2003 Contents: Brief Introductory Chapter: 1. Demographic data 2. Origins of the Bulgarian Muslims 2.1. Turks 2.2. Bulgarian-speaking Muslims (Pomaks) 2.3. Roma Muslims Chapter I: The Muslim community in post-Ottoman Bulgaria (1878 - 1944) 1.1. Religious rights 1.2. Immigration and assimilation problems 1.3. Muslim minority education 1.4. Muslim (Turkish) minority press 1.5. The impact of Kemalism on the rights of the Muslims in Bulgaria Chapter II: The Muslim community during the Communist era (1944 - 1989) and the first years of democracy in Bulgaria 2.1. The politics towards Muslims in the period 1944-1956 2.1.1. Legal basis of Muslims’ religious freedoms 2.1.2. Development of Muslim minority education 2.1.3. Immigration inclinations among Muslims and their consequences 2.2. The treatment of Muslims between 1956 and 1984 2.2.1. Limiting the religious freedoms and launching a policy of forced assimilation of Muslims 2.2.2. Renewed immigration waves 2.2.3. New forced assimilation of Pomak Muslims 2.2.4. Preparing the soil for the assimilation of the Turks and the Roma Muslims 2.3. The situation of the Bulgarian Muslims during the last years of the Communist regime (1984-1989) 2.3.1. The “Revival Process” in its apogee 2.3.2. The international reaction to the “Revival Process” 2.3.3. The “Big Excursion” phenomenon Chapter III: Protection of Muslims’ basic rights and freedoms in present day Bulgaria 3.1. -
Oaths Act 1978, Part II
Changes to legislation: There are currently no known outstanding effects for the Oaths Act 1978, Part II. (See end of Document for details) Oaths Act 1978 1978 CHAPTER 19 PART II UNITED KINGDOM Oaths 3 Swearing with uplifted hand. If any person to whom an oath is administered desires to swear with uplifted hand, in the form and manner in which an oath is usually administered in Scotland, he shall be permitted so to do, and the oath shall be administered to him in such form and manner without further question. Modifications etc. (not altering text) C1 S. 3-6 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court Rules 2009 (S.I. 2009/2657), rule 15, Sch. 1 C2 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rule 21 C3 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216), rule 14 C4 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), rule 28 C5 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), rule 20 C6 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 (S.I. 2009/1110), rule 16 C7 S. 3-6 applied (with modifications) (31.10.2009) by The Armed Forces (Custody Proceedings) Rules 2009 (S.I. -
Fertility Patterns of Native and Migrant Muslims in Europe
Fertility patterns of native and migrant Muslims in Europe Marcin Stonawski, Michaela Potančoková, Vegard Skirbekk This paper presents (as part of a large global project on demography and religion) unique findings on fertility differentials between Muslims and non-Muslims in Europe, separating between native and immigrant European Muslim populations. For instance, in Romania, Bulgaria, Georgia and Ukraine the greater fertility of Muslims (who tends to be natives) ranges from 0 to 0.4 children per woman; and the Muslim populations have below replacement fertility (ranging from 1.4 to 1.9 children per woman). In Germany and Italy Muslims have 0.5 to 0.6 children more (with a TFR of 1.8 to 1.9 children) than non- Muslims; while in Norway, Austria, Finland, Ireland, the UK and the Netherlands, the fertility discrepancies are higher (from 1 to 1.3 children) and while non-Muslim fertility levels are below replacement, Muslim TFR is relatively high (ranging from 2.4 to 3.3 children). Extended draft Several studies have documented that Muslims in many European countries tend to have greater fertility than individuals belonging to other denominations (Westoff and Frejka 2007, Goujon et al. 2007, PEW 2011). A number of different factors may possibly explain these childbearing differences. Potential explanations include pro-natal statements in Islamic religious scriptures and a greater degree of religiosity of Muslims. Poor socio- economic status (low economic participation rates and educational levels) – particularly among women, generally low socio-economic development and low opportunity costs, and markedly different traditions in terms of marriage timing and marital outcomes also play a role (Iannaccone 1992, Peach and Glebe 1995, McQuillan 2004, Lehrer 2004, Schmid and Kohls. -
Religion in the Public Education System of Bulgaria
RELIGION IN THE PUBLIC EDUCATION SYSTEM OF BULGARIA HRISTO P. BEROV I. INTRODUCTION At the very beginning of this report it should be noted that the primary theme of this paper has not been a focus of nearly any Bulgarian juridical1 research for many decades. Religion as a regular subject of the Bulgarian public school system was obligatory and taught until the end of World War II.2 During the Communist regime 1944-1989 the entire educational system was synchronized with so-called dialectic materialism – Marxism and Leninism. Shortly before the Fall of the Berlin Wall and the start of the political changes in Bulgaria (1988-89) there had been an “illegal” initiative for the restoration of religious education in public schools led by the so-called Independent Committee for the Protection of Religious Rights, Freedom of Conscience and Spiritual Values, which has not been recognized by the Synod of the Bulgarian Orthodox Church,3 and subject to very strong Communist influence. In the period of the transition from a Communist regime towards a Democratic rule of law in Bulgaria there was no public discussion until 2008 when the first4 of two ideas for introducing religious education as a regular subject in Bulgarian public schools were published. This (also known as the Bakalov concept) was drafted by ten academic professors and considered the actual situation in Bulgarian schools, proposing that the subject should give a general overview of good morals and religion without going deeply into religious lifestyles. The method of teaching according to this idea had to be secular (not denominational). -
Inquiry Into Oaths and Affirmations with Reference to the Multicultural Community
VICTORIAN PARLIAMENT LAW REFORM COMMITTEE INQUIRY INTO OATHS AND AFFIRMATIONS WITH REFERENCE TO THE MULTICULTURAL COMMUNITY Ordered to be printed Melbourne Government Printer October 2002 No 195 of Session 1999-2002 Parliament of Victoria Law Reform Committee Inquiry into Oaths and Affirmations with Reference to the Multicultural Community ISBN – 0-7313-5393-5 C OMMITTEE M EMBERSHIP CHAIRMAN Mr Murray Thompson, MP* DEPUTY CHAIR Hon. Dianne Hadden, MLC* MEMBERS Hon. Ron Bowden, MLC* Hon. Peter Katsambanis, MLC* Mr Telmo Languiller, MP* Ms Andrea McCall, MP Mr Bob Stensholt, MP * Member of Oaths and Affirmations Subcommittee The Committee’s Address is – Level 8, 35 Spring Street MELBOURNE VIC 3000 Telephone inquiries: (03) 9651 3644 Facsimile: (03) 9651 3674 Email: [email protected] Internet: www.parliament.vic.gov.au/lawreform iii Oaths and Affirmations with Reference to the Multicultural Community iv C OMMITTEE S TAFF EXECUTIVE OFFICER Ms Merrin Mason RESEARCH OFFICERS Ms Kristin Giles (Inquiry into Oaths and Affirmations with reference to the Multicultural Community) Ms Sue Kaufmann (Inquiry into Forensic Sampling and DNA Databases in Criminal Investigations) OFFICE MANAGER Ms Jaime Cook v Oaths and Affirmations with Reference to the Multicultural Community vi T ABLE OF C ONTENTS COMMITTEE MEMBERSHIP ........................................................................................................ III COMMITTEE STAFF ........................................................................................................................ -
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journal of law, religion and state 6 (2018) 195-212 brill.com/jlrs The Rule of Law, Religious Authority, and Oaths of Office Nicholas Aroney The University of Queensland [email protected] Abstract The rule of law requires political office holders to exercise their powers in accordance with the law. Most societies, however, rely not only on the moral obligation to obey the law but also require office holders to take a religious oath or solemn affirmation. The divine witness to the oath of office stands in as a guarantor of the political order but also looms above it. As such, the oath represents a paradox. It guarantees the performance of official duties while also subjecting them to external judgement. The oath thus encompasses the large question of the relationship between religious con- viction, personal fidelity, moral principle, and political power. It suggests that law and religion are as much intertwined as separated in today’s politics. By tracing the oath of office as a sacrament of power, much light can be shed on the relationship between law and religion in today’s liberal-democratic politics. Keywords oath – office – religion – law – faith – power – secular 1 Introduction The rule of law means, among other things, that those who hold political of- fice are required to exercise their powers and perform their official duties in accordance with the law. Most liberal-democratic societies, however, do not rely only on the proposition that office holders are morally obligated or legally compelled to comply with the law. Typically, such societies also require office holders to take a religious oath, or at least a solemn affirmation, in which they publicly promise to fulfill their duties in accordance with the law. -
Comparing Bulgarian and Greek Policies for the Integration of Turkish/Muslim Minorities: the Cold War Period*
bilig SUMMER 2019/NUMBER 90 21-41 Comparing Bulgarian and Greek Policies for the Integration of Turkish/Muslim Minorities: The Cold War Period* Nuri Korkmaz** Abstract Comparing political approaches toward Turkish/Muslim minorities in Bulgaria and Greece became a necessity in order to examine the integration of minority groups under different conditions. This study focuses on the policies of integration of ethnic/religious minorities in Bulgaria and Greece during the Cold War period, studies various methodologies adopted by the communist rule in Bulgaria and the liberal democratic rule in Greece. Since Turkish/Muslim minorities in Bulgaria and Greece claim Turkey as their kin-state, the study partially reflects the perception of minority groups by the majority. Several factors such as educational policies, religion and political approaches to integrate minorities have been evaluated in order to give an overview on the peculiarities and similarities in both cases that are compared. There is detailed analysis also on the issue of national identities and how their conditionality has been defined with the co-existence of minority groups in Bulgaria and in Greece. Keywords Turkish minority, Western Thrace, Bulgaria, communism, democracy, comparative policy analysis, Greece. * Date of Arrival: 18 December 2015 – Date of Acceptance: 05 October 2016 You can refer to this article as follows: Korkmaz, Nuri (2019). “Comparing Bulgarian and Greek Policies for the Integration of Turkish/ Muslim Minorities: The Cold War Period”. bilig – Journal of -
Latest EU Report
ACFC/SR (2003) 001 REPORT SUBMITTED BY BULGARIA PURSUANT TO ARTICLE 25, PARAGRAPH 1 OF THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES (Received on 9 April 2003) R E P O R T Submitted by the Republic of Bulgaria Pursuant to Article 25, Paragraph 1 of the Framework Convention for the Protection of National Minorities Part l Part l Article 1 Article 7 Article 13 Article 19 Article 2 Article 8 Article 14 Article 20 Article 3 Article 9 Article 15 Article 21 Article 4 Article 10 Article 16 Article 22 Article 5 Article 11 Article 17 Article 23 Article 6 Article 12 Article 18 Article 30 Annexes: (published separately) 1. Constitution of the Republic of Bulgaria 2. Constitutional Court Decisions 3. Legislation 4. Latest periodic reports of Bulgaria in compliance with international human rights conventions: Fourteenth Periodic Report of the Republic of Bulgaria in compliance with the International Convention on the Elimination of All Forms of Racial Discrimination Concluding Observations of the Committee on the Elimination of Racial Discrimination on Bulgaria Periodic Report of the Republic of Bulgaria in compliance with the International Covenant on Economic, Social and Cultural Rights Concluding Observations of the Committee on Economic, Social and Cultural Rights on Bulgaria Concluding Observations of the Committee Against Torture on Bulgaria 5. Latest reports by the European Commission against Racism and Intolerance on Bulgaria 6. International Human Rights Instruments ratified by Bulgaria 7. Population Census, 2001 2 PART l A general outline of the current State policy concerning the protection of national minorities The Republic of Bulgaria pursues a policy of ensuring the enjoyment of the basic human rights and fundamental freedoms.