This book is an essential tool for those interested in the vital relationship between international human rights law and domestic policy. It explores this subject in the context of public funding for religious education in Canada, an area of controversy for well over a hundred years. This work provides in one volume a unique set of source documents concerning the legal and political history of religious education in a multicultural environment and especially in Ontario, Canada's largest province. It makes available for the first time a complete set of documents concerning the international...

The essays in this volume explore some of the diverse and contradictory ways that the lives of women in the Asia-Pacific region are shaped by two powerful regimes - 'religion' and 'law' - and by the interactions between them. They show that for women, laws - customary, colonial, post-independence and international - and religions - indigenous or introduced, Buddhism, Christianity, Islam and Confucianism - have been a 'mixed blessing'. These diverse legal systems and religious doctrines and institutions have variously denied women authority and the capacity to participate fully in the public...

Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of...

This book offers an exploration of aspects of the subject, Islam and Human Rights, which is the focus of considerable scholarship in recent years predominantly from Western scholars. Thus it is interesting and important to have the field addressed from a non-Western perspective and by an Iranian scholar. The study draws on Persian language literature that addresses both theological and legal dimensions of the theme. The work is also distinctive in that it tackles three areas that have been largely ignored in the literature. It undertakes a comparative study of the laws of several Muslim...

Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through Ijtihad: independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise...

This book examines the question of how the mode of state-religion identification affects the state's scope for compliance with human rights law. It presents a human rights-based assessment of the various modes of state-religion identification and of the various forms of state practice that surround and characterize these different state-religion models. A close assessment of norms of human rights law substantiates that, although human rights law on the face of it is seemingly neutral to the issue of state-religion identification, legal principles can be extrapolated that have a profound...

Does religious confession privilege exist at common law? Most evidence law texts answer 'no'. This analysis shows that most of the cases relied upon for the 'no religious confession privilege conclusion' are not authority for that conclusion. The origin of the privilege in the canon law in the first millennium AD is traced and its reception into common law is documented. Proof that religious confession privilege continues unbroken at common law through to the present day is of obvious importance in jurisdictions where there is no relevant statute. A correct understanding of the common law...

Religion, and beliefs related to religion, are a central factor in international life and politics. International law, and human rights law in particular, have to take into consideration the religious dimension, and have done it to some extent. A body of positive law has already been developed for the protection of freedom of religion, and from religion, by the United Nations and regional and specialized organizations. The first edition of this book appeared six years ago, in coincidence with the 25th anniversary of the 1981 United Nations Declaration on the Elimination of All Forms of...

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-a-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...

In Treading on Sacred Grounds: Places of Worship, Local Planning and Religious Freedom in Australia, Noel Villaroman analyses the engagement of religious groups with local councils in Australia in their applications to build places of worship. Such applications often encounter opposition from local residents who are reluctant to share their neighbourhood or street with the newly arrived and less known 'other.' The local councils, being the planning authority that grants or refuses such applications, are caught in the middle of these disputes. Using the lens of international human...