Did Chinese mysticism vanish after its first appearance in ancient Taoist philosophy, to surface only after a thousand years had passed, when the Chinese had adapted Buddhism to their own culture? This first integrated survey of the mystical dimension of Taoism disputes the commonly accepted idea of such a hiatus. Covering the period from the Daode jing to the end of the Tang, Livia Kohn reveals an often misunderstood Chinese mystical tradition that continued through the ages. Influenced by but ultimately (...) independent of Buddhism, it took forms more various than the quietistic withdrawal of Laozi or the sudden enlightenment of the Chan Buddhists. On the basis of a new theoretical evaluation of mysticism, this study analyzes the relationship between philosophical and religious Taoism and between Buddhism and the native Chinese tradition. Kohn shows how the quietistic and socially oriented Daode jing was combined with the ecstatic and individualistic mysticism of the Zhuangzi, with immortality beliefs and practices, and with Buddhist insight meditation, mind analysis, and doctrines of karma and retribution. She goes on to demonstrate that Chinese mysticism, a complex synthesis by the late Six Dynasties, reached its zenith in the Tang, laying the foundations for later developments in the Song traditions of Inner Alchemy, Chan Buddhism, and Neo-Confucianism. (shrink)

The article is updated by several circumstances, which the authors reflect on. In their opinion, there are 1) obvious and external threats — violations of freedom of conscience in the temporarily occupied Ukrainian territories, including Crimea, which arose as a result of the Russian-Ukrainian war, and 2) internally hidden and potential dangers for freedom of religions of Ukrainian citizens. The well-known examples of discrimination of believers of certain faiths in the so-called DPR-LPR and Crimea given by the authors (...) are constantly updated. Relevant monitoring and analytical reports are prepared by both Ukrainian and international experts. They submitted these reports to international human rights organizations, including the rights for Freedom of Religion and Belief. Despite such convincing documented materials, separate accusations have recently appeared against Ukraine, which allegedly violates freedom of religion in the territory under its control. Some are trying to prove that Ukraine, taking advantage of the war situation and referring to the spiritual dangers for Ukraine from those religious organizations whose centers are in the aggressor country, threatens some churches, thereby violating the Constitution and the Law on Freedom of Conscience, which guarantee for all citizens, regardless of from their religious affiliation, freedom of religion. The authors refute these narratives lashed out by Russia and the Russian Orthodox Church. Such negative conclusions, which express concern about the situation in Ukraine regarding freedom of conscience and religion, influence on the world public, experts on issues of freedom of conscience, religious organizations, spoil the image of Ukraine as a country with high level of freedom of conscience even among European countries. Religious freedom, as the authors conclude, needs protection today, but they call for separating real threats from imaginary ones and clearly defining who persecutes, whom he/she persecutes and where persecutes. Ukraine is consistent in its intentions to protect the rights of people and communities, to protect the freedoms of believers and their organizations. (shrink)

The scale and variety of acts of religious intolerance evident in so many countries today are of enormous contemporary concern. This 2005 study attempts a thorough and systematic treatment of both Universal and European practice. The standards applicable to freedom of religion are subjected to a detailed critique, and their development and implementation within the UN is distinguished from that within Strasbourg, in order to discern trends and obstacles to their advancement and to highlight the rationale for any (...) apparent departures between the two systems. This dual focus also demonstrates the acute need for the European Court to heed the warnings from various patterns of violation throughout the world illustrated by the Human Rights Committee and the Special Rapporteur on freedom of religion or belief. (shrink)

In a number of recent federal court cases parents have sought to have their children exempted from certain school activities on the grounds that the children's participation in those activities violates their (the parents') right to freedom of religion. In Mozert v. Hawkin's County Public Schools (827 F. 2nd 1058) fundamentalist parents of several Tennessee public school children brought civil action against the school board for violating their constitutional right of freedom of religion. These parents sought (...) to prevent their children from exposure to beliefs or practices opposed to their (the parents') religious convictions. They claim that elementary school readers introduce ideas repugnant to their and their children's deeply held religious tenets. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political (...) choice, I believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

My title is “Arguing for Freedom of Religion,” not for “Toleration,” because I follow the eighteenth-century writer Christoph Martin Wieland in taking “toleration" to connote a gift or indulgence from a majority to a minority, whereas true freedom of religion would put everybody on the same plane to believe and practice religion as they see fit, or not at all. I consider three historically distinct ways of arguing for freedom of religion: from a (...) premise held by one religion that requires freedom from others (the strategy of Locke, Madison, and Mendelssohn); from a premise about the uncertainty of all religious beliefs which calls for equal freedom (Bayle and Wieland); or from a fundamental requirement of equal freedom for all, with no premise about religion although it entails freedom in religious matters as in other things (Hutcheson, Meier, Kant). The latter approach may be most appealing from a purely philosophical point of view, but the former styles of argument have obviously had much to recommend them in historical contexts, and may still be useful. (shrink)

An objection frequently brought against critical or satirical expressions, especially when these target religions, is that they are ‘offensive’. In this article, I indicate why the existence of diverse and conflicting beliefs gives people an incentive to formulate their complaints in the language of offence. But I also cast doubt on whether people, in saying they are offended really mean to present that as the foundation of their complaint and, if they do, whether their complaint should weigh with us. These (...) doubts do not apply to everything we might find offensive; in particular, they do not apply to simple cases of ‘sensory offence’; but they do apply to ‘belief-based offence’. Relying on offence also implies, inequitably, that different faiths should be differently protected depending on their susceptibility to offence; and the faithful themselves should worry about the flimsiness of claims based on ‘bare knowledge’ offence. I propose a principle of respect for beliefs as a differently grounded and more plausible reason for curbing our treatment of others’ beliefs. However, that principle has a limited compass and is hemmed in by the claims of free expression. It is also less suited to dictating the content of law than to influencing our conduct within the law. (shrink)

The International Academy of Freedom of Religion and Belief was formed in July 1985 in England as a result of the meeting of the International Working Group on Religious Freedom in UNESCO with representatives of various religious traditions from different countries. The composition of MASRP includes, in the first place, experts and scientists from the departments of state-church relations of universities of different denominations and from different countries of the world - the USA, England, Italy, Spain, (...) Greece, Belgium, Germany, etc. Currently, among the members of the MSDP, there are already scholars and public figures from Ukraine, Russia, Bulgaria and other post-socialist countries. The head office of MASRP is located in Washington, DC. The President of the Academy is James Wood - Professor at Baylor University. The function of the head of the section on the organization of international scientific conferences on freedom of religion is organized by Cole Durem, professor at Bringam-Young University. From Ukraine, the academician of the MSDP is Doctor of Philosophy, Professor Kolodny AM. (shrink)

The book falls into four segments. In the first (Chapter 1), the particular conception of deity that has been predominant in western civilization—the theistic idea of God—is explicated and distinguished from several other notions of the divine. The second segment considers the major reasons that have been advanced in support of the belief that the theistic God exists. In chapters 2 through 4 the three major arguments for the existence of God are discussed, arguments which appeal to facts supposedly (...) available to any rational person, whether religious or not. Chapter 5 considers religious and mystical experience as a source and justification for theistic belief. And in Chapter 6 we examine the role that faith may play in the formation and justification of religious belief. We also consider the important issue of whether belief in God may be entirely rational quite apart from any evidence in its behalf. The third segment undertakes an examination of the problem of evil, which some have thought to provide rational grounds for atheism, the belief that the theistic God does not exist. A number of topics quite central to theistic religion are considered in the fourth segment of the book, chapters 8 through 11. These topics include miracles, the question of life after death, problems in relating the idea of divine foreknowledge to the belief in human freedom, and problems arising from the existence of diverse religions. (shrink)

Freedom of Religion, Institution of Conscientious Objection and Political Practice in Post-Communist Slovakia1 The example of Slovakia is used to show how one of the post-socialist countries failed in fulfilling the demanding task of securing freedom of religious belief (including the right to conscientious objection) and, at the same time, securing all other human rights. An analysis of the methods used for changing the policies of pluralism and neutrality of the state into a policy of discrimination (...) (e.g. concerning the registration duty for churches) was carried out, followed by an analysis of a mechanism used for guaranteeing freedom of conscience of the members of the Catholic Church (the so-called Vatican Treaty). The treaty violates the prohibition of discrimination against women, because it makes it more difficult for them to have access to some health care services. Our hypothesis states that the hurriedly introduced right to conscientious objection is misused in this context as a means of regulating the politics of reproduction. In general, the re-Catholisation of the Slovak Republic follows two aims—to help in the fight for votes in the elections (because 70 % of Slovaks declare their religion to be Catholic), and to improve demographic development in the Slovak Republic (declared to be catastrophic by the Catholic Church), through hindering free access to abortions. (shrink)

An objection frequently brought against critical or satirical expressions, especially when these target religions, is that they are ‘offensive’. In this article, I indicate why the existence of diverse and conflicting beliefs gives people an incentive to formulate their complaints in the language of offence. But I also cast doubt on whether people, in saying they are offended really mean to present that as the foundation of their complaint and, if they do, whether their complaint should weigh with us. These (...) doubts do not apply to everything we might find offensive; in particular, they do not apply to simple cases of ‘sensory offence’; but they do apply to ‘belief-based offence’. Relying on offence also implies, inequitably, that different faiths should be differently protected depending on their susceptibility to offence; and the faithful themselves should worry about the flimsiness of claims based on ‘bare knowledge’ offence. I propose a principle of respect for beliefs as a differently grounded and more plausible reason for curbing our treatment of others’ beliefs. However, that principle has a limited compass and is hemmed in by the claims of free expression. It is also less suited to dictating the content of law than to influencing our conduct within the law. (shrink)

The rapid change in the world after the Enlightenment not only brought about revolutionary scientific and technological innovations, but also opened the door to important transformations in the context of thought. Especially with the wind created by the French Revolution, some concepts such as equality, fraternity, and justice, which were already in circulation before, came to the fore even more. One of the concepts that was magnified in this process was freedom. The concept manifested itself in philosophy as an (...) understanding of free will against the idea of determinism, and in politics as independence against oppressive governments. Since the day it was addressed as an independent topic, it has attracted attention with its different types and aspects, including freedom of the press, freedom of thought, freedom of expression, freedom of religion and conscience. We see that the intellectual adventure of the Western world in the last two centuries has been shaped around these concepts. The libertarian attitude, which at first manifested itself as a rebellion against religious and secular authorities, was later driven to extremes that saw itself as independent from all moral and social norms. These debates were inevitably reflected in the field of theology, and topics such as the position of the will of man against God’s will, fate and the problem of evil were reconsidered according to contemporary claims and objections. The atheistic tendencies that emerged in the Western world claimed that all religions deprive man of the possibility of being an active subject on earth and that a person who believes that all his/her actions are known and determined cannot be truly free. This point is actually one of several important issues that contemporary atheism raises against theism. These debates have also reached the Islamic world and the issue continued to be addressed with similar arguments. At its core, each of these claims rests on the assumption that Islam's conception of the human being leaves no room for individual freedom. Although the problem has different aspects such as fate and theodicy, one of the most striking aspects of the problem is the question of whether man has the right to reject Islam as well as the right to enter Islam by one’s own free will. It is important to answer this question. Because some practices from the early period of Islamic history and the assumptions that apostates should be killed according to certain conditions, which are accepted as an established jurisprudence in Islamic law, have provided important opportunities for anti-Islamic ideas and ideologies. This article shows how the issue has been dealt with in the classical literature, while at the same time suggesting solutions on how to approach the phenomenon of conversion today. In addition, the study will show that the issue is dealt with in the context of public security in the fiqh literature, and therefore, the current cases of conversion or apostasy do not fully correspond to the discussions in the classical period. (shrink)

In recent years, there has been increased academic interest in the human right to freedom of thought (RFoT). Scholars from various disciplines are currently debating the content and scope of this right. In his annual thematic report of 2021, the United Nations Special Rapporteur on Freedom of Religion or Belief paid explicit and comprehensive attention to the RFoT, encouraging further clarification of the content and scope of the right. This paper aims to contribute to this end, (...) setting the stage for further research, by offering a multidisciplinary analysis of the RFoT’s scope, relation to other rights, practical significance and moral foundations. (shrink)

"Religion today belongs in the forum of study and discussion. Scholars are exploring the claims of theology, the religious roots of culture, and the relation between beliefs and the various areas or disciplines in life. Students have not until now had a series of books which could serve as reliable resources for class or private study, in a time when inquiry into religion is undertaken with new freedom and a sense of urgency. With Harper Forum Books a (...) new generation can confront religion through exposure to significant minds in theology and related humanistic fields." - Martin E. Marty, General Editor. (shrink)

This article examines the issues raised by recent legislation proscribing incitement to religious hatred. In particular, it examines how far arguments for prohibiting racist hate speech apply also to the prohibition of religious hate speech. It identifies a number of significant differences between race and religion. It also examines several questions raised by the prohibition of religious hate speech, including the meaning and scope of religious identity, why that identity should receive special protection, and whether protection should be directed (...) to religious groups as groups or to their individual members. The central argument of the article is that the distinction between protecting religious groups from vilification and protecting their beliefs and practices from criticism—a distinction on which the British Government placed great emphasis in defending its legislation—is unsustainable. That conclusion is supported by the reasoning of the European Court of Human Rights in cases in which it has upheld the curtailing of freedom of expression for the sake of protecting religion. (shrink)

This paper is a critical and comparative legal historical study, which offers a global vision of the U.S. Legal System, according to the religious factor impact and its complex dimensions (e.g. religious liberty, Church-State relations, welfare state & solidarity). The principal goal is the deconstruction of the fake official History, elaborated after the Second World War (e.g. inferences, impostures, fallacies). At the same time, it shows the social development (and the kind of commitment in each period), and how it happens (...) the consolidation of the system thanks to the regulation. In this way, it is possible to pay attention to the American experimental evolution (not lineal or exceptional –as many U.S.hand-books pretend): from colonial Blue Laws (or Sunday regulation), up to the current regulation on freedom of religion and non-discrimination. Also, this paper offers a systematic set of diverse legal sources (e.g. Executive orders & rules, Legislative statutes, Judicial cases & resolutions). Another goal of this paper is the evaluation of the allegedly paradoxical policies and regulations in this field, during the last two Administrations (Clinton and W. Bush); both of them, from extreme views (linked at the end), they used incorrectly the religious factor, and they confused the institutions. The result seems to be a landed in the Postmodernity (less realistic and more speech based). (shrink)

Freedom of expression is a fundamental part of living in a free and open society and, above all, a basic need of every human being and a requirement to attain happiness. Its absence has relevant consequences, not only for individuals but also for the whole social community. This might explain why freedom of expression was, along with other freedoms (conscience and religion; thought, belief, opinion, including that of the press and other media of communication; peaceful assembly; (...) and association), at the core of liberal constitutionalism, and constitutes, since the Second World War, an essential element of constitutional democracies. In a democracy, people should be allowed to express themselves to others freely. The paper, which is divided into five sections, points out that states are obliged to protect the exercise of that freedom not only because its very purpose is the common good and welfare of society but also because it is a requirement of any constitutional democracy. Otherwise, when people cannot express themselves, perhaps out of fear (not from ‘war’ but from different kinds of social pressure or ‘violence’ exerted by some lobbies, mass media, or governmental policies that are at odds with respect for the plurality of opinions), vulnerability arises. This weakens not only those individuals that are not allowed to express their thoughts but also those who do not dare to do it – or even not to think for themselves – under certain environmental pressures (exerted by states, international organizations, social media, or financial groups, lobbies, etc.). In the end, the decline of freedom of expression makes most people more vulnerable and jeopardizes the whole democratic system. (shrink)

Full freedom of religion did not come into existence until the end of the 18th century, and authentic dialogue only in the 20th century. All civilizations had at their heart a religion which shaped and reflected that civilization; all problems had to be resolved within the thought-struc- tures of the dominant state-enforced religion. Those thought limitations sooner or later prevented arriving at the necessary solutions, and thus led to the decline of every civilization – except Christendom-Become-West- (...) ern Civilization-Becoming-Global Civilization, which has exponentially surpassed all previous civilizations. The separation of religion from the power of the state has al- lowed the “infinite” spirit of humanity (“Image of God”) to continually resolve the always new problems. Dia- logue, meaning being open to learn from the “other,” moves Globalization from destruction toward construc- tion. (shrink)

Why it is that the principle of freedom of religion, rather than a more general principle such as liberty or liberty of conscience, figures so prominently in our lived experience and, in particular, in the constitutional commitment to the free exercise of religion? The Paper argues, negatively, that the most prominent answers offered thus far fall short; and positively, that the principle of freedom of religion arises out of a thicker understanding of the much neglected (...) relationship between religious liberty and democracy. Indeed, a proper account of the legitimacy of the democratic process. I argue, dissolves the mystery surrounding freedom of religion, and thus allows for an adequate justification of this principle. The thesis of this paper is that freedom of religion is a remedy that redresses the exclusion of certain religious arguments from the democratic process. The redress is grounded in a republican concern for political self-determination while exclusion is prescribed by a liberal ideal of political legitimation. (shrink)

Given the rise of religious movements during the past decade, some have argued that the basic principles of liberal democracy such as separation of church and state and principle of the public use of reason are too restrictive and ought to be rethought. I would like to argue along a Habermasian line that the principle of secular justification ought not to result in a private/public split in religious citizens’ identity if they recognize and adopt an “institutional translation proviso”. This proviso (...) requires an epistemic ability on the part of religious citizens that enables them to translate their religious beliefs and insight into secular reasons when they pass beyond the informal public sphere into governmental institutions like courts and parliaments. Citizens can express and defend their claims in the public sphere in religious terms if they cannot find secular translation for them. However, this proposal requires a complementary change in the mentality of the secular citizens that recognizes the continued existence of religious communities in diverse liberal democracies. (shrink)

The First Amendment’s Free Exercise and Establishment Clauses were meant to guarantee freedom of religion for all persons living in the United States. This was to be done by ensuring that government could not establish a state religion nor interfere with individual practices and beliefs so long as they did not violate public morals. The idea was to have the two clauses operate together to ensure state separation in matters of religion. However, recent caselaw involving government (...) accommodations to religious organizations has emphasized the Free Exercise Clause with little or no attention afforded the Establishment Clause. As a result, intermediate factors like entanglement, endorsement, general applicability, and neutrality, that previously were used to assist the separation of church and state, are now called into question. This Article attempts to rekindle these factors by attaching a public/private distinction to the way the two clauses are understood, to ensure a more certain and clearer basis for the separation of church and state. (shrink)

Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) decision making, those who reject such considerations must be respected. This article makes the following claims, on behalf of religious dissenters: the Baby K case should be interpreted in light of the freedom of religion guaranteed in the First Amendment ; religious beliefs should not be trivialized in clinical ethics, even if reason, not belief, is the language of the public forum; the time-honored free exercise clause is essential to the American experiment in liberty and should not be overridden in the name of a concept as vague as futility; and free exercise of religion deserves serious discussion in the futility debate, and significant religious accommodation must be included in any hospital or societal futility policies. In the concluding section, issues are raised regarding the balance between religious consideration and resource allocation. (shrink)

Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) decision making, those who reject such considerations must be respected. This article makes the following claims, on behalf of religious dissenters: the Baby K case should be interpreted in light of the freedom of religion guaranteed in the First Amendment ; religious beliefs should not be trivialized in clinical ethics, even if reason, not belief, is the language of the public forum; the time-honored free exercise clause is essential to the American experiment in liberty and should not be overridden in the name of a concept as vague as futility; and free exercise of religion deserves serious discussion in the futility debate, and significant religious accommodation must be included in any hospital or societal futility policies. In the concluding section, issues are raised regarding the balance between religious consideration and resource allocation. (shrink)

RESUMEN: En el presente artículo se intentará demostrar que la libertad de conciencia y religiosa conforman un único derecho que tienen como fin proteger las creencias e ideologías de las personas, independientemente de su carácter religioso o secular. Por ende, se sostendrá que la fórmula adoptada por el sistema jurídico colombiano de promover el fenómeno religioso es contraria al principio de igualdad porque privilegia una visión del mundo teísta frente a otras visiones, también válidas en un Estado constitucional y pluralista (...) como el colombiano.ABSTRACT: In this article we will try to demonstrate that the freedom of conscience and religion constitute a single right that have as a purpose to protect the beliefs and ideologies of people, regardless of their religious or secular character. Therefore, it will be argued that the formula adopted by the Colombian legal system to promote the religious phenomenon is contrary to the principle of equality because it privileges a view of the theist world against other visions, also valid in a constitutional and pluralist state like Colombia.PALABRAS CLAVES: libertad de conciencia, libertad religiosa, estado laico, neutralidad religiosa, separación KEYWORDS: freedom of conscience, religious freedom, secular state, religious neutrality, separation. (shrink)

The issue of religious freedom while serving a sentence of imprisonment often occupies scientists from around the world. Basically, they agree that a prisoner, regardless of the act for which he or she has been convicted, has the right to religious freedom. Problems are posed, however, by the question of delimiting this freedom, especially at the level of the right to practise a chosen religion during prison isolation. The decisions of international tribunals and national courts are (...) not uniform owing to the generality of the rules governing this issue. The initial research question that we pose is this: how does society perceive the right to religious freedom in prisons? Does a convict have the right to demand respect for the rules of his or her religion regarding diet, clothes, appearance and participation in religious services? We look for answers to these questions in research conducted in Polish society, one that is confronted by international regulations. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, and (...) also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

How does one understand the relationship between a person and their objects of belief in the philosophy of Religion? How does the object of belief impact individuals’ lives, choices, decisions, and what they become in the future? The character of religion is binding, and the object of belief in a being – transcendent or immanent as the sole determinant of the fate and destiny of individuals leaves room for many questions that border on freedom (...) and responsibility. By introducing Onyenachiya to the discussion of the phenomenon of religion from an African philosophical approach to religion, the authors argue that there is a certain threshold of self-evaluation and relationship between a person and their object of belief which is significantly cooperative and collaborative. Although onyenachiya, a concept that stems from an African epistemic context (Igbo), has no corresponding English translation, it is a contraction of two independent words, onye (person, giver, who) and chi (personal god, doppelgänger). The two are joined together by conjunction, ‘na’ with the suffix ‘ya’ at the end, emphasizing the chi’s personal and unique nature. The authors argue that if chi is connected to a person's destiny, onyenachiya demonstrates an agent-centered destiny, which gives room for agency, accountability, and responsibility and gives a new account of religious tolerance. (shrink)

Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German (...) law. Catholic priests, should this plan that is currently under discussion be implemented, were obliged to disclose the knowledge gained in confession to law enforcement authorities. The canonical consequence of such a breach of the confessional secret would be excommunication. In such cases priests therefore would only have the choice between breaking the law (which would probably also be punishable under criminal law) and excommunication, with all the resulting disadvantages. In this paper, the canonical law rules regarding confession are presented before the provisions relating to the confessional secret in § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 383 para. 1 No. 4 of the Code of Civil Procedure and § 139 para. 2 of the Criminal Code are discussed. Specifically, the question is raised as to whether a duty of priests to co-operate with the law enforcement authorities may be established by law. Here in particular the protection of the confessional secret under the protection of freedom of religion under Article 9 of the European Convention on Human Rights will be discussed. It has to be noted however that the protection afforded by Article 9 of the European Convention on Human Rights extends far less than the scope of § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 129 para. 2 of the Criminal Code and § 383 para. 1 No. 4 of the Code of Civil Procedure, as Art. 9 ECHR only protects the confessional secret as far as it is required from a religious point of view, but not a general pastoral secret. The article then includes a discussion on the limitations of Article 9 ECHR. Limitations of Article 9(1) ECHR on religious freedom under Article 9(2) ECHR are only permitted if they are prescribed by law and necessary in a democratic society for the protection of public order, health, morals or the rights of others. This is discussed against the background of the legislative goal of more effective law enforcement. As a result, a limitation of the protection of confessional secret through normal (sub-constitutional, domestic) laws, despite the understandable goal of more effective law enforcement, is not compatible with Article 9 of the ECHR. (shrink)

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: it confines the relevance of (...) ‘religion’ to limited social contexts; it creates a priority for equality-perspectives over liberty-perspectives on social conflict; it generates new social assumptions about what individuals have to believe and say if they are to be trusted to uphold the law; it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)

With the independence of Republic of Macedonia and the adoption of the Constitution of Macedonia, the country went through a substantial socio-political transition. The concept of human rights and freedoms, such as religious freedoms in the Macedonian Constitution is based on liberal democratic values. The Macedonian Constitution connects the fundamental human rights and freedoms with the concept of the individual and citizen, but also with the collective rights of ethnic minorities, respecting the international standards and responsibilities taken under numerous international (...) human rights conventions and treaties, of which the country is a party. Republic of Macedonia has ratified all the so called “core human right treaties” and now the real challenge lies in the implementation of the international standards. Some of these international conventions and treaties of the United Nations and of the Council of Europe are inherited by succession from the former Yugoslavian federation. Religious freedoms are guaranteed by the Universal Declaration of human rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. According to the Constitution of the Republic of Macedonia “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others, is guaranteed„. After the conflict of 2001 the Ohrid Framework Agreement secured group rights for ethnicities that are not in majority in the Republic of Macedonia. The present Law on the legal status of the church, religious communities and religious groups of 2007, repealed the Law on religion and religious groups of 1997. (shrink)

Through its struggle for three centuries, a demonstration of the strength of their beliefs, the patience and suffering of Christians in the beginning of IV. have achieved to a large extent what they demanded, what they wrote and what the apologists of Christianity sought. The latter gained the right to freedom of his being in a polytheistic state.

I evaluate the plausibility of how broadly ‘Wittgensteinian’ approaches to the philosophy of religion: looking in the first half of the essay at the account such approaches give of the meaning of religious utterances, and in the second half at the account given of the required justification for believing such utterances. As regards the meaning of religious utterances I distinguish weak and strong Wittgensteinian theses, supporting the former but refuting the latter. Turning to Wittgensteinian approaches to the justification of (...) religious beliefs I argue that although some beliefs are ‘groundless’ in a way that makes them an unquestionable feature of our conceptual landscape, anything as interesting as a religious belief can not be ‘groundless’ in the relevant sense . Finally I argue that only Wittgensteinian approaches can capture the meaning and justificatory requirements of religious beliefs for a minority of ‘believers’: but that this minority is important. (shrink)

I evaluate the plausibility of how broadly ‘Wittgensteinian’ approaches to the philosophy of religion: looking in the first half of the essay at the account such approaches give of the meaning of religious utterances, and in the second half at the account given of the required justification for believing such utterances. As regards the meaning of religious utterances I distinguish weak and strong Wittgensteinian theses, supporting the former but refuting the latter. Turning to Wittgensteinian approaches to the justification of (...) religious beliefs I argue that although some beliefs are ‘groundless’ in a way that makes them an unquestionable feature of our conceptual landscape, anything as interesting as a religious belief can not be ‘groundless’ in the relevant sense (of being invulnerable to attack). Finally I argue that only Wittgensteinian approaches can capture the meaning and justificatory requirements of religious beliefs for a minority of ‘believers’: but that this minority is important. (shrink)

A human right to freedom of religion is not equivalent to a right to tolerance. Human rights and tolerance-rules serve for different purposes and are based on different justifications. Tolerance-rules serve to protect a peaceful living together with strangers who share no common values. Human rights serve to protect every individual’s personhood. Religion can only be a matter of human rights, if and so far as it is a condition of development and maintenance of personhood. Discussion about (...) a human right to freedom of religion makes sense only if we can identify a particular scope of protection which concerns only religion and if the freedom of religion is not embraced by wider-framed freedoms. The freedom of religious thoughts and the freedom of religious speech are embraced by the general human rights to freedom of thoughts and freedom of speech. Here, there is no need for a special human right to freedom of religion. The right not to be forced to act contrary to religiously founded moral rules is embraced by the general human right to freedom of conscience. And again, there is no need for a special human right. The target of religious practices in a narrower sense is to become flexible and porous and not to resist the threats of the sacral in order to avoid the destruction of personhood. Therefore, we have to recognize a human right to freedom of religious rites. It protects only the actions of accommodation to the overwhelming power of the sacral. It does not protect, however, any action with which it is intended to rule the world or to rule over others, to organize certain practical challenges, or to discover or to maintain scientific theories or technical means. (shrink)

The article examines the practice of the applicability of the Article 18 of the International Covenant on Civil and Political Rights (hereinafter—ICCPR) and Article 9 of the European Convention on Human Rights and Fundamental Freedoms (hereinafter—ECHR). Through the case—law of the European Court on Human Rights (hereinafter—ECtHR) and insights of the Human Rights Committee the author is investigating the content and limits of the freedom of religion. The article examines in detail the limiting clauses to the freedom (...) of belief (national security, public order, public health, public morals) and the possibility to apply derogation clause. The author comes to the conclusion that due to the complexity of this right it is difficult to forecast the future developments of this right. The jurisprudence of the ECtHR is numerous as well as the decisions of the Court are often accompanied by dissenting opinions. Moreover, some potential cases related to the freedom of religion are not considered by the ECtHR as the admissibility criteria are not met. Therefore the author looks forward to the forthcoming jurisprudence of both—regional and universal human rights bodies. (shrink)

Religious freedom is considered a fundamental human right and the cornerstone of human dignity. Islam, being a universal religion, protects the rights of every individual, and thus, preserves and upholds the dignity of human persons irrespective of their religious convictions. This study aims to understand Islamic perception of religious freedom from a historical point of view. It is based on textual analysis and historical interpretation of the Qur’an and Sunnah. It also supports its case by analysing some (...) Muslim ruler’s treatment of other religions. The study shows that Islam provides complete freedom to every individual so long as it does not violate or interfere the right of others, and explicitly prohibits all kinds of intervention in matters of religious beliefs and practices. Though the Prophetic tradition “whoever changes his religion, kill him” seems contradictory to freedom of religion, this has been contextualised in particular situation by contemporary Islamic scholars. The study concludes that the Qur’anic teachings, the Prophetic practices and Muslim rulers’ treatment of other religions affirm that Islam provides equal opportunities to all regardless of their attachments to any religion or ideology, and Muslims can neither force any body to accept Islam nor impose anything against his/her will. Philosophy and Progress, Vol#71-72; No#1-2; Jan-Dec 2022 P 1-27. (shrink)

In reviewing five edited collections and one monograph from the 1990s, the article summarizes the present status of the "human rights revolution" that was signaled by the adoption in 1948 of the "Universal Declaration of Human Rights". It goes on to elaborate and evaluate some of the attempts contained in these books to deal with theoretical and practical controversies surrounding the subject of human rights, particularly the discussion of what to make of "cultural relativism" as far as human rights are (...) concerned. Finally, the article summarizes some recent thinking and research on a neglected area, namely compliance with human rights standards protecting "freedom of religion or belief.". (shrink)

Van Leeuwen’s Religion as Make-Believe, A Theory of Belief, Imagination, and Group Identity argues that religious and political beliefs are fundamentally different from mundane, factual beliefs and represent a cognitive attitude more akin to imagining. To ground this difference, Van Leeuwen proposes four principles defining factual beliefs: ‘involuntariness’ mandates that people cannot choose what they believe; ‘no compartmentalization’ says that factual – but not religious – beliefs guide behavior in all domains; ‘cognitive governance’ requires that inferences be readily (...) drawn from factual beliefs; ‘evidential vulnerability' entails that beliefs are revised given contradictory evidence. While factual beliefs are supposed to meet these standards, Van Leeuwen marshals evidence that religious and tribal beliefs – or “credences” – fail to obey these four principles. In this commentary, I argue that beliefs – both factual and religious – are often much more complicated than Van Leeuwen assumes. This complexity makes perfect conformity to the four principles unlikely, even for factual beliefs. I review Van Leeuwen’s evidence for credences and suggest that this evidence is compatible with the null hypothesis: that religious beliefs are simply beliefs. (shrink)

Recently, the Supreme Court of Nigeria in Tega Esabunor v Faweya & Ors (2019) LPELR 46961 (SC) dismissed an appeal seeking to quash the order of a magistrate court for the transfusion of blood to a baby. The appellants contended that the court had no jurisdiction to make theorder. The crux of the case was whether the parents’ right to consent to the child’s treatment based on religious beliefs supersedes the child’s right to live, thus reflecting the tension between a (...) parent’s right to give consent to the choice of treatment for their child, and the court’s power to override such rights through the inherent parens patriae jurisdiction of the state. The case also reflects the tension between the freedom of a parent to practise their religion and the right of a child to live, in the medical context. This article examines the findings of the Supreme Court in Tega Esabunor’s case, considering whether the court’s decision is in line with the generally accepted practice on when the state can intervene if persons with parental responsibility refuse medical treatment for an incompetent child because of religious beliefs.Cases from other jurisdictions are analysed to ascertain the position of foreign courts. It is submitted that the Supreme Court’s judgmentreflects accepted international practice regarding parental refusal of consent for medical treatment of a child. (shrink)

There are concepts of freedom of mind and freedom of belief which do not depend on the freedom of agency. After discussing some impediments to such freedom of mind, the paper explores some arguments of Dennett, Michael Smith and Philip Pettit, and Josefa Toribio. Borrowing ideas from Schiller, the paper concludes that such freedom has an emotional or aesthetic dimension.

In this paper, I discuss what Cognitive Science of Religion is and what its implications are for theism and the veracity of religious belief. Findings in CSR and its counterpart Evolutionary Psychology aim to explain the origin of religious belief. Some critics of religion, however, brandish the findings of CSR in support of their agenda. Their arguments attempt to either argue against the truth of religion or the justification for religious belief. I will argue (...) that neither of these two kinds of arguments accomplishes its goal. Using CSR to falsify religious belief commits the genetic fallacy. The evolutionary debunking argument for undermining justification for religious belief is a more sophisticated approach, but it fails on account of making too many unjustified assumptions. I outline three brief responses to the challenge of unjustified religious belief. (shrink)

People who are not Muslims but live under the rule of the Islamic state under certain conditions are called "non-Muslim". With the Prophet’s migration to Madinah, he encountered a non-Muslim community and clearly demonstrated his stance on them with the "Madinah Convention". As a result of the intense conquest movements that started with the Companions period, non-Muslim people became the citizen of the Islamic state. Legal arrangements have been made regarding these, and their status before the state and within the (...) society has been determined. These people, who were not forced to accept the Islamic faith, were also given the freedom of belief and worship. However, by limiting the framework of this freedom to the interests of the Islamic state and Muslim society, social security and peace were ensured, and the basic parameters of coexistence were tried to be established. Islamic states have evaluated the non-Muslim temples in the places taken by peace and the places taken as a result of war. While obtaining the consent of the non-Muslim people for the demolition of the temples or the conversion of them into mosques in the places taken by peace; In the dispositions on the temples located in the places taken by the war, they were treated more freely. In principle, the principle of not touching or repairing the temples of non-Muslims built before the conquest was preserved in almost all periods, and the construction of new temples was not viewed positively. Yes, as a requirement of religion, non-Muslims were freed in their beliefs and were not forced to become Muslims, taking into account the freedom of religion and conscience. However, in order for the Muslim community to preserve its religion, non-Muslims are not allowed to live their religion, culture and traditions in front of the public; Restrictions have also been imposed on their temples. In this context, a series of measures were taken, such as the demolition of some churches and the reduction of the number of existing temples. Despite this, it was also allowed to build new temples in case of necessity. In this case, the magnificent construction of the temples was not allowed, and they were required to comply with some criteria in architecture. In this study, starting from the time of the Prophet, an answer will be sought to the question of whether the policies carried out by the Islamic states towards the places of worship of non-Muslims are religious or political, with some examples of practice from different periods of the history of Islamic law. In this context, the status of the temples belonging to these people, who are defined as "dhimmis" in the Islamic state, rather than their general legal status, forms the basis of our study. Our study has been limited to Christian and Jewish temples. (shrink)

This chapter explores the contours of our freedoms to enter into and leave particular associations with particular people. The chapter highlights the fact that often our associations with each other are morally complex and, indeed, morally wrong. This moral complexity stems partly from the fact that associations are necessarily intersubjective: they affect the social needs, claims, and freedoms of at least two people. When our associations are morally wrong, we must determine whether they can be protected nonetheless by our sphere (...) of associative freedom. The chapter shows that our sphere of associative freedom depends greatly on the character and consequences of our associations (or dissociations). The chapter also shows that, under certain conditions, freedom of association is less important than other associative rights, such as the positive associative claim‐rights of utterly dependent people. (shrink)

Religious traditions in the United States have been characterized by an ongoing tension between assimilation to the broader culture, typically reflected by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. But legal theorist and theologian Cathleen Kaveny contends that religious traditions do not need to swim in either the Current of Openness or the Current of Identity. There is a third possibility, which she calls the Current of Engagement, (...) which accommodates and respects tradition but which recognizes the need to interact with culture to remain relevant and to offer a prophetic critique of social and political and legal and economic practice. In fifty-six brief articles Kaveny illustrates the implications of the Current of Engagement in American public life. The articles are organized into five chapters or sections: Law as Teacher; Religious Liberty and its Limits; Conversations about Culture; Conversations about Belief; and Cases and Controversies. Kaveny provides astonishing insights into a range of hot-button issues: abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. (shrink)

This article examines the issues raised by religious adherents’ wish to express their beliefs in the public domain through, for example, their modes of dress, their performance of public roles, and their response to homosexuality. It considers on what grounds religion might merit special treatment and how special that treatment should be. A common approach to these issues is through the notion of religious identity, but both the idea of religious identity and its use to ground claims against others (...) prove deeply problematic. An alternative and more productive approach is through the notion of harm. People should enjoy the freedom to express their religious convictions subject to the harm principle, but harm should include the undermining of people’s status as free and equal citizens. The article concludes by considering the grounds upon which this alternative approach might recognize religion as special and might justify giving an overriding status to civic equality. (shrink)

abstract First, Allen Buchanan, in the version of his paper entitled 'Philosophy and public policy: a role for social moral epistemology' that he presented at the workshop on 'Philosophy and Public Policy' held at the British Academy in London on March 8 th 2008, seems to imply that professional, academic philosophers have had little impact upon public policy. I mention an area where it can be argued in response that they have had a more benign, as well as a more (...) widespread, influence on society than Buchanan acknowledges in that version of his paper: in legislation concerning animal welfare. Second, I question whether or not the liberal commitment to freedom of religion is compatible with the ethics of belief that Buchanan appears to advocate. (shrink)

In my response-paper, I dispute the claim of Firestone and Jacobs that “Kant’s turn to transcendental analysis of the moral disposition via pure cognition is perhaps the most important new element of his philosophy of religion” (In Defense of Kant’s Religion, 233). In particular, I reject the role given—in the latter—to “pure cognition.” Instead I propose a Kantian variation on cognition which remains consistent with Kant’s moral postulate for the existence of God. I urge that we treat this (...) postulate as regulative. So, in place of pure cognition, “belief in” God grounds our hope for perfect goodness. (shrink)

Our research is based on a rather large "library" of various works by M. Drahomanov, which contains his views on religion. Among them: Paradise and Progress, From the History of Relations Between Church and State in Western Europe, Faith and Public Affairs, Fight for Spiritual Power and Freedom of Conscience in the 16th - 17th Centuries,, "Church and State in the Roman Empire", "The Status and Tasks of the Science of Ancient History," "Evangelical Faith in Old England," "Populism (...) and Popular Progress in Austrian Rus, Austrian-Russian Remembrance," "Pious The Legend of the Bulgarians "," The Issues of Religious Freedom in Russia, "" On the Brotherhood of the Baptist or the Baptist in Ukraine, "" The Foreword, " Shevchenko, Ukrainianophiles and Socialism "," Wonderful thoughts about the Ukrainian national affair "," Zazdri gods "," Slavic variants of one Gospel legend "," Resurrection of Christ ", etc. (shrink)

The rituals practiced by the initiated and learned by the “chosen ones” so that they can be perpetuated, have generated the existence of two worlds. The first is that of immediate impact, on the first level of perception, amendable in its circumstantial data. The second world is the treasurer of recognizable factors in many similar situations, in stages different from manifestation and elements of the unique, the unusual. The second level has established itself as a human need to periodically immerse (...) in the sacred time. The initiation into the mysteries held by the world of the sacred is made by those who know how to practice it. They are the perfomers of narrative sequences, which are intended to reinstate the practices, rituals, customs, traditions and beliefs in today’s world. To support our claim, we are going to refer to four surveys, conducted on different, but conjunct topics which have confirmed the hypothesis formulated by us in the early 1990s: folk beliefs, ignored during the communist period and banned within the audiovisual, have merged with religious beliefs and have survived as a second level of perceiving the ritual sequence. The study highlights the syncretism of the two fields, religious faith and folk beliefs, and the role of mass media in promoting them in order to revitalize the collective memory and to contribute to the literacy of the younger generation. The principles of the Orthodox Christian catechesis explain the presence of the priest in the existential ceremonies. (shrink)

How should judges deal with the manifestation of religious symbols in public educational institutions? In light of the important role of human rights in our legal and political system, courts should grant maximum protection under the freedom of religion or belief. The central thesis of this article is that the European Court of Human Rights fails to live up to this standard. In order to reach this conclusion, the article analyzes relevant case law of the European Court (...) and compares its case law with that of the high courts of Canada and South Africa. In addition, the article assesses the case law of all three courts from the angle of interpretation theory and particularly Cass R. Sunstein’s theory of judicial minimalism. Adoption of a more consistently minimalist methodology by the European Court might lead to a greater protection granted to individuals and groups. However, a wide and deep ruling is first required to overturn the current line of reasoning. The European Court can draw inspiration from Canada and South Africa for such a judgment. (shrink)