Protection and Promotion of Freedom of Religions and Beliefs in the European Context

ISBN-13: 9783031345029 / Angielski / Twarda / 2023

Opis

This book offers an in-depth analysis of a fundamental human freedom and a cornerstone of democracy: the Freedom of Religions or Beliefs (FoRB). The book focuses on the legal protection and promotion of FoRB in Europe because, in this context, exercising this right goes beyond a mere internal positioning in terms of legislation; rather, it is influenced by international and supranational case law, as well as the promotional activities of selected non-state subjects of international law.

The content is divided into three sections: Part I on the European Convention of Human Rights, Part II on the EU, and Part III on other international actors. The first two Parts examine FoRB in its systematic aspects and “day-to-day” aspects. In contrast, the third Part highlights the promotional activities carried out by the Holy See, the ILO, the Council of Europe (“beyond the Strasbourg Court”), and the OSCE to promote, recommend or otherwise support it. Overall, the volume highlights how the exercise of FoRB can be ensured via international and supranational legal protection (both normative and judicial) and via promotional activities aimed at encouraging and helping states guarantee tolerance and pluralism in their national legislation.

The 16 main chapters offer a broad overview of the topic under investigation. Each contribution can be seen as a stand-alone study and, simultaneously, as a link in a chain of legal analysis that connects multiple FoRB-focused questions.

The book offers a valuable tool for all readers with an academic or professional interest in FoRB and those who have to address the issue of how to protect this freedom. It is intended not only for academics who work in the field of law but also for legal practitioners (judges, lawyers, diplomats), human rights advocates, members of religious and spiritual communities, policymakers and students.

Spis treści

Foreword (Philippe Couvreur).- 1: Freedom of Religions and Beliefs in the European Context: An Introduction to the Book (María del Ángel Iglesias Vázquez and Luca Paladini).- Part I: The ECHR.- 2. Freedom of Thought, Conscience and Religion under the European Convention on Human Rights. New Approaches (Victoria Camarero-Suárez and Núria Reguart-Segarra).- 3. Clothing, Symbology and Religious Prescriptions: The Perspective of the European Court of Human Rights (Isabel Cano Ruiz).- 4. The Legal Protection of Religious Freedom and Belief in Public Transport. An Approximation from the Case-Law of the Strasbourg Court (Silvia Meseguer Velasco).- 5. Personal Beliefs, Family and Education of Children (Miguel Rodríguez Blanco).- 6. Positive and Negative Obligations of Member States (Diego Aboy Rubio).- 7. Personal Beliefs and Risk of Danger in Case of Return in the Origin Country (Yanitza Giraldo Restrepo).- Part II: The EU.- 8. The Protection of Freedom of Religion in the EU Law (Valentina Petralia).- 9. Free Movement of Persons and Religious Freedom within the EU (Alessandra Lang).- 10. Religious Freedom and Employment Discrimination in the Case Law of the European Court of Justice (Fabio Spitalieri).- 11. Jus Migrandi and Personal Beliefs of Migrants Coming from Third States: Practice from EU Asylum Policy (Francesco Cherubini and Tommaso Pochi).- 12. The EU and the Status of Churches, Religious Associations, Philosophical and Non-Confessional Organisations (Michal Rynkowski).- 13. Navigating between Animal Welfare and Freedom of Religion (Costanza di Francesco Maesa).- Part III: Other International Actors in the European context.- 14. Freedom of Religion or Belief: The Role of the Holy See (Vincenzo Buonomo).- 15. The International Labour Organisation and Freedom of Religious Belief (Djamil Tony Kahale Carrillo).- 16. Promoting Diversity, Combating Hate Speech and Broadening Intercultural Dialogue: The Council of Europe’s Actions in Favour of Personal Beliefs (José Ramón Intxaurbe Vitorica).- 17. The Organization for Security and Cooperation in Europe and the Promotion of, and Assistance to Member States in the field of Freedom of Religion and Belief (Ruben Miranda Gonçalves).- 18. Freedom of Religions and Beliefs in the European Context: Concluding (Quo Usque Tolerantia Nostra Nos Ducit) (María del Ángel Iglesias Vázquez and Luca Paladini).

O autorze

Dr. Luca Paladini, Senior Lecturer in EU Law, Università per stranieri di Siena, Italy

Prof. Dr. María del Ángel Iglesias Vázquez, UNIR Universidad Internacional de La Rioja, Spain