The Protections for Religious Rights Law and Practice

by Dingemans QC, James; Yeginsu, Can; Cross, Tom; Masood, Hafsah

• ISBN13: 9780199660964
• ISBN10: 0199660964
• Format: Hardcover
• Copyright: 2013-12-30
• Publisher: Oxford University Press

Summary

The Protections for Religious Rights is the first practitioner work to offer a full and systematic treatment of the law as it pertains to religious rights in the UK and abroad. A practical working aid to a sensitive and important area of increasing litigation and public debate, this text examines the applicable legal instruments, considers the current state of the law, and reviews domestic, comparative, and international case law to provide a comprehensive reference resource that informs on all matters of significance in this area.

The protections for religious rights in the UK are rooted in international law and the English common law. Religious conflicts have arisen when communities have perceived that their religious rights have been targeted for suppression, or ignored. Despite international human rights instruments which are intended to protect such rights, many courts have adopted a narrow and restrictive approach towards these aspects.

With practical evaluations of the relevant international instruments which inform domestic law in the UK, the important substantive areas of employment, education, family, and goods and services, are addressed specifically in dedicated chapters. Comparative perspectives are also considered in an extensive chapter offering global treatment of legislation and authorities, drawing on expertise from the United States, Canada, South Africa, Australia, India, Ireland, New Zealand, and Turkey. Other areas where protections for religious rights are engaged are addressed in a final chapter - including coverage of places of worship, criminal law, planning, charitable status, prisons, immigration, and animal rights - making this text a complete resource for all concerned or interested in this area of law. Finally, a conclusion draws together some general observations commenting on recent legal developments and identifying possible future change.

The text includes an appendix of selected materials for easy reference to relevant extracts from international treaties, constitutions and domestic statutes.

Table of Contents

1. Introduction
Part I: International Standards and Protections
2. The International Instruments
3. Protections under the ECHR
4. Comparative Perspectives
Part II: Domestic Protections
5. The Human Rights Act 1998
6. The Equality Act 2010
7. Services and Public Functions, Premises, Associations
8. Religion and Employment
9. Religion and Education
10. Religious Expression and Toleration
11. Religion and the Family
12. Protections for Religious Rights in other Areas
13. Conclusion
Appendices (relevant extracts from:)
The Universal Declaration of Human Rights
International Covenant on Civil and Political Rights
The European Convention on Human Rights
The United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
The American Convention on Human Rights
The African Charter on Human and Peoples' Rights
The European Charter on Fundamental Freedoms
Constitutions/Bills of Rights of comparator countries
The Equality Act 2010
Other domestic statutes/constitutional provisions