The first resource of its kind, International Religious Freedom Advocacy equips activists and policymakers with an intimate knowledge of the governmental institutions, NGOs, and laws that work to safeguard religious liberties across the world. Beginning with an overview of the international legal protections, these advocacy veterans explain the intricacies of and resources available within the United Nations, European Union, Council of Europe, Organization of American States, African Union, and more. They conclude with in-depth case studies of Turkmenistan and Vietnam and a host of additional helpful information.

This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.

This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

The Price of Freedom Denied shows that, contrary to popular opinion, ensuring religious freedom for all reduces violent religious persecution and conflict. Others have suggested that restrictions on religion are necessary to maintain order or preserve a peaceful religious homogeneity. Brian J. Grim and Roger Finke show that restricting religious freedoms is associated with higher levels of violent persecution. Relying on a new source of coded data for nearly 200 countries and case studies of six countries, the book offers a global profile of religious freedom and religious persecution. Grim and Finke report that persecution is evident in all regions and is standard fare for many. They also find that religious freedoms are routinely denied and that government and the society at large serve to restrict these freedoms. They conclude that the price of freedom denied is high indeed.

One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.

Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.

This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities’ rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.

Rival understandings of the meaning and practice of the religious and the secular lead to rival public perspectives about religion and religious freedom in North America. This book explores how debates over the American Office of Religious Freedom and its International Religious Freedom Act (IRFA, 1998) and very recent debates over the Canadian Office of Religious Freedom (2013) have pitted at least six basic, but very different meanings of the religious and the secular against each other in often undisclosed and usually unproductive ways. Properly naming this ‘religious problem’ is a critical first step to acknowledging and conciliating their practically polar political prescriptions. It must be considered how we are to think about religion in political offices, both the Canadian and the American experience, as an essentially contested term, and one which demands better than postmodern paralysis, what the author terms political theology. This is especially critical since both of these cases are not just about how to deal with religion at home, but how to engage with religion abroad, where real peril, and real practical policy must be undertaken to protect increasingly besieged religious minorities. Finally, a principled pluralist approach to the religious and the secular suggests a way to think outside the ‘religious problem’ and productively enlist and engage the forces of religion resurging around the globe. The book will be of great use to scholars and students in religion and foreign affairs, secularization, political theology, and political theory, as well as professionals and policy makers working in issues relating to religion, religious freedom, and foreign affairs.