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Religion, Equality and Employment in Europe
The management of religious and ideological diversity remains a key challenge of our time – deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms? Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrim...
Landscapes of Law
International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, u...
Religious Freedom Under Scrutiny
Freedom of religion or belief is deeply entrenched in international human rights conventions and constitutional traditions around the world. Article 18 of the Universal Declaration of Human Rights enshrines the right to freedom of thought, conscience, and religion as does the International Covenant on Civil and Political Rights, which the United Nations General Assembly adopted in 1966. A rich jurisprudence on freedom of religion or belief is based on the European Convention on Human Rights, drafted in 1950 by the Council of Europe. Similar regional guarantees exist in the framework of the Organization of American States as well as within the African Union. Freedom of religion or belief has ...
Authenticity, Autonomy and Multiculturalism
The concept of "authenticity" enters multicultural politics in three distinct but interrelated senses: as an ideal of individual and group identity that commands recognition by others; as a condition of individuals’ autonomy that bestows legitimacy on their values, beliefs and preferences as being their own; and as a form of cultural pedigree that bestows legitimacy on particular beliefs and practices (commonly called "cultural authenticity"). In each case, the authenticity idea is called on to anchor or legitimate claims to some kind of public recognition. The considerable work asked of this concept raises a number of vital questions: Should "authenticity" be accorded the importance it ho...
When Humans Become Migrants
The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.
The Interrelation Between the Right to Identity of Minorities and Their Socio-economic Participation
Drawing on various disciplines and case studies from several corners of the world, this volume offers insights about the breadth and complexity of the (inter)relation between the socio-economic partcipation of minorities and their right to (respect for) identity.
Religious Rules, State Law, and Normative Pluralism - A Comparative Overview
This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.
Current Issues of Comparative Law – Questions actuelles de droit comparé
On 22 to 28 July 2018 the International Academy of Comparative Law organized its 20th General Congress in Fukuoka Japan. The General Congresses of the Academy are held every four years and address from a comparative perspective a multitude of topics that appear particularly relevant in our contemporary society. This book gathers a selection of the general contributions to the 20th General Congress dealing with current issues in Comparative Law. This is a premiere for the Academy. It seemed important for the Executive Committee to have access to the general contributions offered during the General Congress which certainly deserve the same attention as the General Reports. Du 22 au 28 juillet ...
Religion in Public Spaces
This timely volume discusses the much debated and controversial subject of the presence of religion in the public sphere. The book is divided in three sections. In the first the public/private distinction is studied mainly from a theoretical point of view, through the contributions of lawyers, philosophers and sociologists. In the following sections their proposals are tested through the analysis of two case studies, religious dress codes and places of worship. These sections include discussions on some of the most controversial recent cases from around Europe with contributions from some of the leading experts in the area of law and religion. Covering a range of very different European coun...
Histoire, Société et études Islamiques Au 21e Siècle
Embrassant le défi de la compréhension de l'islam en contexte autour de l'altérité et des normes, l'ouvrage est original à trois égards. Tout d'abord, par son approche trans-historique, où passés et présents sont intimement inter-reliés, éclairant des phénomènes contemporains à travers leurs enracinement et genèse historiques et en mettant en évidence des phénomènes passés dans la perspective, voire la prospective, d'enjeux contemporains. Ensuite, par son approche trans-religieuse et trans-civilisationnelle (en l'occurrence islamo-chrétienne) dans plusieurs chapitres, pour aborder l'islam, dans ses rapports avec les minorités et en tant que minorité lui-même en contexte européen, et, de manière comparée, avec le christianisme: une approche permettant par « expérience-miroir » de contextualiser l'islam, souvent prisonnier de prismes essentialisants. Enfin, l'ouvrage apporte, dans une perspective pluri- et inter-disciplinaire, un état des lieux de l'apport des diverses disciplines qui l'embrassent, à la pointe des connaissances des sciences humaines et sociales de 21e siècle.
