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The Right of the Child to Religious Freedom in International Law
The child’s right to religious freedom in international law has never been considered in a comprehensive fashion, yet key issues include the prevention of indoctrination, religious clothing, the relationship of the child with parents and religious communities, and the duties of the state to the child. Building on a sociological analysis of religious children, a body of international legal materials is analysed against a theoretical model of what the child’s right ought to be. This book is the first attempt at analysing what international law says on the question, the result is a compelling analysis of the definitive position of international law on the child’s right to religious freedom.
The Right of the Child to Religious Freedom in International Law
Religious children -- A model of the right of the child to religious freedom -- The ICCPR -- The UNCRC -- The special rapporteur -- The ECHR
Children’s Rights: Progress and Perspectives
More has been written about children, childhood and children’s rights in the last 20 years than in the rest of history. There are more university courses focusing on children now than ever before. The International Journal of Children’s Rights has been a major player in all this. Its impact is worldwide. It has established itself as the leading journal in the field. The journal is now in its 19th year, and is flourishing. This volume has been compiled not only to commemorate the journal’s work, but also the 20th anniversary of the Convention coming into operation, and of the first World Summit on Children. An anthology of the best articles published in these formative years, this volum...
Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights
In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
Human Rights Related Trade Measures Under International Law
When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade "and" ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.
Migrant Families and Religious Belonging
Over the past three decades, migration has become the main driver of population growth (or of preventing its decrease) in many EU countries. The presence of so many families with a migrant background is, however, to some extent, an unexpected phenomenon arising from the permanent settlement of migrant guest workers expected to be temporary residents and from other unplanned processes such as decolonization and the influx of asylum seekers. Moreover, family reunification is today one of the main legal channels by which migrants come to Europe, so it is no coincidence that the main issues animating European public debate on inter-ethnic coexistence involve family, religion, and the relationshi...
Transforming Religious Liberties
Proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to law and religion.
The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children’s educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective––ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts––these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.
Human Rights and Islam
Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.
The UN Convention on the Rights of Persons with Disabilities
This volume is a systematic commentary on the Convention on the Rights of Persons with Disabilities (CRPD), and includes analysis of its Optional Protocol. It provides an authoritative discussion on the CRPD and is a definitive resource tool for use in litigation as well as in formulating policy at the domestic and international levels.
