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The Founders and the Freedom of Religion: an Introduction
The Founders and the Freedom of Religion: An Introduction Religion has always been important in America. During the colonial and Revolutionary eras, religion permeated the lives of Americans. Blue laws kept the Sabbath holy and consumption laws limited the actions of everyone. Christianity was one of the few links that bound American society together from Maine to Georgia. The Bible, in addition to being the divine word of God that would guide people through life's journey to the next world, served as a textbook for history, a source book for morals, a primer for mothers to teach their children how to read, and a window through which to view and understand human nature. Because religion and morality were seen as necessary components of stable society, colonial and Revolutionary governments supported religion. Clergymen were among the most influential members of the community and many of them actively participated in government. The liberal religious traditions embodied in the charters and fundamental laws of Rhode Island, Pennsylvania, New Jersey, Maryland, and the Carolinas read very much like the declarations of indulgences promulgated by Charles II and James II that were so bitterly denounced by the Anglican clergy and members of Parliament. Like a magnet, however, these liberal policies attracted Dissenters to these religiously benevolent colonies. Although colonists often emigrated to the New World to escape religious persecution, many new Americans readily discriminated against others on the basis of religion. Nine of the thirteen American colonies authorized established churches--the Congregational Church in New England and the Anglican Church in the Middle and Southern colonies. -
Religion–State Relations
Religion–State Relations International IDEA Constitution-Building Primer 8 Religion–State Relations International IDEA Constitution-Building Primer 8 Dawood Ahmed © 2017 International Institute for Democracy and Electoral Assistance (International IDEA) Second edition First published in 2014 by International IDEA International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. The electronic version of this publication is available under a Creative Commons Attribute-NonCommercial- ShareAlike 3.0 (CC BY-NC-SA 3.0) licence. You are free to copy, distribute and transmit the publication as well as to remix and adapt it, provided it is only for non-commercial purposes, that you appropriately attribute the publication, and that you distribute it under an identical licence. For more information on this licence visit the Creative Commons website: <http://creativecommons.org/licenses/by-nc-sa/3.0/> International IDEA Strömsborg SE–103 34 Stockholm Sweden Telephone: +46 8 698 37 00 Email: [email protected] Website: <http://www.idea.int> Cover design: International IDEA Cover illustration: © 123RF, <http://www.123rf.com> Produced using Booktype: <https://booktype.pro> ISBN: 978-91-7671-113-2 Contents 1. Introduction ............................................................................................................. 3 Advantages and risks ............................................................................................... -
UNITED ARAB EMIRATES UNITED ARAB EMIRATES RELIGIONS 1.1% 1.9% Agnostics Buddhists 1.3% Other 11.0% Christians 6.2% Hindus
Religious Freedom in the World Report 2021 UNITED ARAB EMIRATES UNITED ARAB EMIRATES RELIGIONS 1.1% 1.9% Agnostics Buddhists 1.3% Other 11.0% Christians 6.2% Hindus Population Area 9,813,170 83,600 Km2 78.5% GDP per capita GINI INDEX* Muslims 67,293 US$ 32.5 *Economic Inequality tion of committing adultery.”2 Article 1 of the penal code LEGAL FRAMEWORK ON FREEDOM OF RELIGION provides that Islamic law applies in hudud cases, including AND ACTUAL APPLICATION the payment of blood money in cases of murder. Article 66 states that the “original punishments” under the law apply to hudud crimes, including the death penalty. No one, The United Arab Emirates (UAE) is a federation of seven however, has been prosecuted or punished by a court for emirates situated in the Persian Gulf. Dubai is politically such an offence. and economically the most important of them. The law criminalises blasphemy and imposes fines and According to the constitution of 1971,1 Islam is the official imprisonment in these cases. Insulting other religions is religion of the federation. Article 7 reads: “Islam is the of- also banned. Non-citizens face deportation in case of ficial religion of the UAE. Islamic Shari‘a is a main source blasphemy. of legislation in the UAE.” Article 25 excludes discrimina- tion based on religion. It states: “All persons are equal in While Muslims may proselytise, penalties are in place for law. There shall be no distinction among the citizens of the non-Muslims doing the same among Muslims. If caught, UAE on the basis of race, nationality, faith or social status.” non-citizens may have their residency revoked and face Article 32 states: “Freedom to exercise religious worship deportation. -
BLASPHEMY LAWS in the 21ST CENTURY: a VIOLATION of HUMAN RIGHTS in PAKISTAN Fanny Mazna Southern Illinois University Carbondale, [email protected]
Southern Illinois University Carbondale OpenSIUC Research Papers Graduate School 2017 BLASPHEMY LAWS IN THE 21ST CENTURY: A VIOLATION OF HUMAN RIGHTS IN PAKISTAN Fanny Mazna Southern Illinois University Carbondale, [email protected] Follow this and additional works at: http://opensiuc.lib.siu.edu/gs_rp Recommended Citation Mazna, Fanny. "BLASPHEMY LAWS IN THE 21ST CENTURY: A VIOLATION OF HUMAN RIGHTS IN PAKISTAN." (Jan 2017). This Article is brought to you for free and open access by the Graduate School at OpenSIUC. It has been accepted for inclusion in Research Papers by an authorized administrator of OpenSIUC. For more information, please contact [email protected]. BLASPHEMY LAWS IN THE 21ST CENTURY A VIOLATION OF HUMAN RIGHTS IN PAKISTAN by Fanny Mazna B.A., Kinnaird College for Women, 2014 A Research Paper Submitted in Partial Fulfillment of the Requirements for the Master of Science Department of Mass Communication and Media Arts in the Graduate School Southern Illinois University Carbondale May 2017 RESEARCH PAPER APPROVAL BLASPHEMY LAWS IN THE 21ST CENTURY A VIOLATION OF HUMAN RIGHTS IN PAKISTAN By Fanny Mazna A Research Paper Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Science in the field of Mass Communication and Media Arts Approved by: William Babcock, Co-Chair William Freivogel, Co-Chair Graduate School Southern Illinois University Carbondale April, 6th 2017 AN ABSTRACT OF THE RESEARCH PAPER OF FANNY MAZNA, for the Master of Science degree in MASS COMMUNICATION AND MEDIA ARTS presented on APRIL, 6th 2017, at Southern Illinois University Carbondale. TITLE: BLASPHEMY LAWS IN THE 21ST CENTURY- A VIOLATION OF HUMAN RIGHTS IN PAKISTAN MAJOR PROFESSOR: Dr. -
Freedom of Religion and the Legal Status of Religion in Russia
Occasional Papers on Religion in Eastern Europe Volume 17 Issue 2 Article 1 4-1997 Freedom of Religion and the Legal Status of Religion in Russia Larisa Skuratovskaya Academy of Medical Science, Moscow, Russia Follow this and additional works at: https://digitalcommons.georgefox.edu/ree Part of the Christianity Commons, and the Law Commons Recommended Citation Skuratovskaya, Larisa (1997) "Freedom of Religion and the Legal Status of Religion in Russia," Occasional Papers on Religion in Eastern Europe: Vol. 17 : Iss. 2 , Article 1. Available at: https://digitalcommons.georgefox.edu/ree/vol17/iss2/1 This Article, Exploration, or Report is brought to you for free and open access by Digital Commons @ George Fox University. It has been accepted for inclusion in Occasional Papers on Religion in Eastern Europe by an authorized editor of Digital Commons @ George Fox University. For more information, please contact [email protected]. FREEDOM OF RELIGION AND THE LEGAL STATUS OF RELIGION IN RUSSIA By Larisa Skuratovskaya Dr. Larisa Skuratovskaya (Russian Orthodox) is a medical doctor at the Institute of General pathology and Patho-physiology at the Academy of medical Science in Moscow, Russia. She is interested in women;s rights, anti-nuclear campaigns, religious freedom, environmental and socio-medical advocacy. This paper was written in February 1996 while she was a trainee of the Center for the Study of Human Rights, Columbia University and European Commission of Human Rights, Strassbourg, France. With Russia's accession to the Council of Europe, this pan-European organization now stretches from the Pacific Ocean in the East to the Atlantic Ocean in the West. -
Why Protect Religious Freedom?
THE YALE LAW JOURNAL MICHAEL W. MCCONNELL Why Protect Religious Freedom? Why Tolerate Religion? BY BRIAN LEITER PRINCETON, NJ: PRINCETON UNIVERSITY PRESS, 2012, PP. 208. $24.95. AUTHOR. Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School; Senior Fellow, Hoover Institution. The author wishes to thank William Baude, Nathan Chapman, Richard Epstein, Chad Flanders, Robert George, Luke Goodrich, Paul Harold, Joshua Hawley, Steffen Johnson, Burt Neuborne, Eric Rassbach, James Sonne, and Eugene Volokh for helpful comments on an earlier draft, and Spencer Churchill and Mark Storslee for invaluable research assistance. 770 REVIEW CONTENTS INTRODUCTION 772 1. "TOLERATION" 777 II. THE PHILOSOPHICAL ARGUMENT 781 A. Religion as a Subset of Conscience 782 B. "Insulation from Evidence" 786 C. Rawls 789 D. Mill 792 E. Schauer and "Governmental Incompetence" 795 III. THE LEGAL ARGUMENTS 797 A. Free Exercise Exemptions 797 B. Harm 803 C. Establishment of a "Vision of the Good" 807 771 THE YALE LAW JOURNAL 123:770 2013 INTRODUCTION Religious beliefs have always generated controversy. But religious freedom - the right of individuals and groups to form their own religious beliefs and to practice them to the extent consistent with the rights of others and with fundamental requirements of public order and the common good-has long been a bedrock value in the United States and other liberal nations. Religious freedom is one thing nearly all Americans, left and right, religious and secular, have been able to -
Malta Is a Small, Densely-Populated Island Nation of 450,000 Inhabitants, Located in the Mediterranean Sea, South of Sicily
Malta Malta is a small, densely-populated island nation of 450,000 inhabitants, located in the Mediterranean Sea, south of Sicily. It is a parliamentary republic and member state of the European Union. Despite opposition from the Catholic Church, which remains hugely influential, Malta has seen significant progressive reforms in recent years including the introduction of divorce and same-sex civil unions, and the abolition of the country’s “blasphemy” law. Constitution and Education and Family, Freedom of government children’s rights community, expression society, religious advocacy of courts and humanist values tribunals There is There is state Discriminatory systematic funding of at least prominence is religious privilege some religious given to religious Preferential schools bodies, traditions treatment is given Religious schools or leaders to a religion or have powers to Religious groups religion in general discriminate in control some There is an admissions or public or social established employment services church or state religion State-funding of religious institutions or salaries, or discriminatory tax exemptions Constitution and Education and Family, Freedom of government children’s rights community, expression society, religious advocacy of courts and humanist values tribunals Official symbolic Concerns that deference to secular or religion religious authorities interfere in specifically religious freedoms Legend Constitution and government Freedom of conscience, religion, and expression are protected in law (Articles 40 and 41, Constitution of Malta). However, in practice, strong preference is afforded to the Roman Catholic Church, and Catholicism remains the official state religion of Malta (Article 2). Education and children’s rights The constitution prescribes religious teaching of the Catholic faith as compulsory education in all State schools: Article 2: (1) The religion of Malta is the Roman Catholic Apostolic Religion. -
Religious Rights in China: a Comparison of International Human Rights Law and Chinese Domestic Legislation
UCLA UCLA Pacific Basin Law Journal Title Religious Rights in China: A Comparison of International Human Rights Law and Chinese Domestic Legislation Permalink https://escholarship.org/uc/item/3266q260 Journal UCLA Pacific Basin Law Journal, 12(2) Author Kolodner, Eric Publication Date 1994 DOI 10.5070/P8122022058 Peer reviewed eScholarship.org Powered by the California Digital Library University of California COMMENTS RELIGIOUS RIGHTS IN CHINA: A COMPARISON OF INTERNATIONAL HUMAN RIGHTS LAW AND CHINESE DOMESTIC LEGISLATION Eric Kolodnert INTRODUCTION Analyses of human rights in the People's Republic of China ("PRC") tend to focus upon the specific abuses which the Chi- nese government visits upon its citizens. For example, govern- ments and nongovernmental organizations charge that China violates international human rights law when it shuts down news- papers, bans political parties, arbitrarily detains criminal sus- pects, jails political protesters, tortures prisoners, and refuses to allow its citizens to leave the country. Comparing China's domestic practices with international norms, however, is not the only way to assess PRC compliance with international human rights law. From a legal perspective, it is also important to compare such international law with China's domestic legislation covering such areas as freedom of expres- sion, freedom of movement, the rights of the accused, and the right to be free from cruel and unusual punishment. This comparative legal perspective possesses three primary advantages. First, where domestic law facially provides certain protections, it helps to expose the inadequacy of human rights critiques which focus solely on governmental actions. While such reports are invaluable in publicizing abuses and raising interna- tional awareness, they often fail to acknowledge that violations of rights contain both political and legal components. -
Blasphemy, Charlie Hebdo, and the Freedom of Belief and Expression
Blasphemy, Charlie Hebdo, and the Freedom of Belief and Expression The Paris attacks and the reactions rashad ali The horrific events in Paris, with the killing of a group of Other reactions highlight and emphasise the fact journalists, a Police officer, and members of the Jewish that Muslims are also victims of terrorism – often the community in France have shocked and horrified most main victims – a point which Charlie Hebdo made in commentators. These atrocities, which the Yemen branch an editorial of the first issue of the magazine published of the global terrorist group al-Qaeda have claimed the following the attack on its staff. Still others highlight responsibility for,1 have led to condemnations from that Jews were targeted merely because they were Jews.2 across the political spectrum and across religious divides. This was even more relevant given how a BBC journalist Some ubiquitous slogans that have arisen, whether appeared to suggest that there was a connection between Je suis Charlie, Ahmed, or Juif, have been used to show how “Jews” treated Palestinians in Israel and the killing of empathy with various victims of these horrid events. Jews in France in a kosher shop.3 These different responses illustrate some of the divides in The most notorious response arguably has not come public reaction, with solidarity shown to various camps. from Islamist circles but from the French neo-fascist For example, some have wished to show support and comedian Dieudonne for stating on his Facebook solidarity with the victims but have not wished to imply account “je me sens Charlie Coulibaly” (“I feel like Charlie or show support to Charlie Hebdo as a publication, Coulibaly”). -
Submission to the UN Special Rapporteur on Freedom of Religion Or Belief
Submission to the UN Special Rapporteur on Freedom of Religion or Belief 01 June 2020 This submission aims to provide information and inputs to the United Nations Special Rapporteur on Freedom of Religion or Belief, Dr. Ahmed Shaheed, regarding the thematic report to be presented at the 75th session of the UN General Assembly (2020) on Eliminating Intolerance and Discrimination Based on Religion or Belief and the Achievement of Sustainable Development Goal 16 (SDG 16). Author: The Brazilian Center of Studies in Law and Religion1. Leading Researcher: Rodrigo Vitorino Souza Alves. Research Assistants: Carla Ferraresi Bonella, Luma Laura Damasceno Góes, Thobias Prado Moura. 1 The Brazilian Center of Studies in Law and Religion is a unique initiative in Brazil, which aims to study the relationship between law, state and religion from national and international perspectives, as well as to examine and promote the right to religious freedom or belief. It is a research group established at the Faculty of Law of the Federal University of Uberlandia and affiliated with The National Council for Scientific and Technological Development (CNPq). The group organizes scientific meetings and conferences to stimulate valuable discussions and interactions. Its websites and social media publish case law, national and international law, articles, reports, information on resources, and news related to freedom of religion and belief, and church-state relations (https://www.direitoereligiao.org/sobre-nos/english). PROTECTING RELIGIOUS MINORITIES IN BRAZIL SDG 16: “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels”2 “Although nationality, ethnicity, language, and religion tend to overlap, it is possible to identify religious minorities as a separate category within the minority rights regime. -
"Blasphemy"? Jesus Before Caiaphas in Mark 14:61-64
CHAPTER ELEVEN IN WHAT SENSE "BLASPHEMY"? JESUS BEFORE CAIAPHAS IN MARK 14:61-64 Jesus' response to the question of Caiaphas, in which he affirms that he is "the Christ the Son of the Blessed," whom Caiaphas and company "will see" as "Son of Man seated at the right hand of Power and coming with the clouds of heaven" (Mark 14:61-62), provokes the cry of "blasphemy!" (Mark 14:64). Many scholars have wondered why, and for good reason. Claiming to be Israel's Messiah was not considered blasphemous.! Although disparaging them as impostors and opportun ists, Josephus never accused any of the many would-be kings and deliverers of first-century Israel as blasphemers. Perhaps a more telling example comes from rabbinic tradition. Rabbi Aqiba's procla mation of Simon ben Kosiba as Messiah was met with skepticism, but not with cries of blasphemy (cf. y. Ta'an. 4.5; b. Sanh. 93b.) Even W. L. Lane (The Gospel of Mark [NIC; Grand Rapids: Eerdmans, 1974] 536) argues that "anyone who [was in prison and deserted by his followers, but nevertheless still] proclaimed himself to be the Messiah could not fail to be a blasphemer who dared to make a mockery of the promises given by God to his people." This is no more than an assumption. There is no evidence that a claim to be Messiah, under any circumstances, was considered blasphemous (pace J. C. O'Neill, "The Silence of Jesus," NTS 15 [1969] 153-67; idem, "The Charge of Blasphemy at Jesus' Trial before the Sanhedrin," in E. -
Justifying Religious Freedom: the Western Tradition
Justifying Religious Freedom: The Western Tradition E. Gregory Wallace* Table of Contents I. THESIS: REDISCOVERING THE RELIGIOUS JUSTIFICATIONS FOR RELIGIOUS FREEDOM.......................................................... 488 II. THE ORIGINS OF RELIGIOUS FREEDOM IN EARLY CHRISTIAN THOUGHT ................................................................................... 495 A. Early Christian Views on Religious Toleration and Freedom.............................................................................. 495 1. Early Christian Teaching on Church and State............. 496 2. Persecution in the Early Roman Empire....................... 499 3. Tertullian’s Call for Religious Freedom ....................... 502 B. Christianity and Religious Freedom in the Constantinian Empire ................................................................................ 504 C. The Rise of Intolerance in Christendom ............................. 510 1. The Beginnings of Christian Intolerance ...................... 510 2. The Causes of Christian Intolerance ............................. 512 D. Opposition to State Persecution in Early Christendom...... 516 E. Augustine’s Theory of Persecution..................................... 518 F. Church-State Boundaries in Early Christendom................ 526 G. Emerging Principles of Religious Freedom........................ 528 III. THE PRESERVATION OF RELIGIOUS FREEDOM IN MEDIEVAL AND REFORMATION EUROPE...................................................... 530 A. Persecution and Opposition in the Medieval