| Acknowledgements |
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viii | |
| Introduction |
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1 | (3) |
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1 Freedom of religion or belief |
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4 | (28) |
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1 The meaning of `religion' and `belief' in international law |
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4 | (11) |
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4 | (1) |
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1.1 Defining `religion' and `belief' |
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5 | (5) |
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1.2 Pluralism as the guiding principle |
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10 | (5) |
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2 ICCPR Article 18 and the plurality of religion and belief |
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15 | (7) |
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2.1 Freedom to have or adopt a religion or belief |
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15 | (4) |
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2.2 Freedom to manifest religion or belief |
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19 | (2) |
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2.3 Freedom from coercion |
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21 | (1) |
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3 Limitations to manifestations |
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22 | (8) |
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3.1 Fewer limitations to article 18 than for other rights |
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23 | (1) |
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3.2 Limitations favour religion over non-religion |
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24 | (3) |
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3.3 Non-derogability of article 18 |
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27 | (3) |
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4 Conclusion: The limits of article 18 to protect freedom from religion |
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30 | (2) |
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2 The hierarchy of religion and belief |
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32 | (30) |
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1 Established, major religions at the top of the hierarchy |
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32 | (11) |
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1.1 High influence of religious non-state actors |
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33 | (6) |
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1.2 Weak regulation of religious non-state actors |
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39 | (4) |
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2 New, unusual or emerging religions and beliefs |
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43 | (7) |
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2.1 High persecution of new or `unusual' religions |
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44 | (3) |
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2.2 Low protection of new or `unusual' religions |
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47 | (3) |
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3 Non-religion and atheism at the bottom of the hierarchy |
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50 | (9) |
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3.1 High persecution of non-believers and atheists |
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50 | (4) |
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3.2 Low protection of non-believers and atheists |
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54 | (5) |
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4 Conclusion: Non-religious and atheist rights-holders neglected |
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59 | (3) |
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3 Freedom from proselytism |
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62 | (28) |
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1 Proselytism as a manifestation of religion |
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63 | (6) |
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1.1 Advantage of proselytism to major religions |
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64 | (2) |
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1.2 Disadvantage of non-proselytising religions and beliefs |
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66 | (2) |
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1.3 Non-applicability of right to proselytise to non-religious rights-holders |
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68 | (1) |
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2 Forms of improper coercion |
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69 | (14) |
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2.1 Proselytism through threats or violence |
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71 | (7) |
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2.2 Proselytism through exploitation of circumstance |
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78 | (3) |
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2.3 Proselytism through exposure to religious symbols |
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81 | (2) |
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3 Determining where coercion undermines choice |
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83 | (5) |
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3.1 Attributes of the source and target of proselytism |
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83 | (2) |
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3.2 Location and nature of proselytism |
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85 | (2) |
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3.3 Context of the proselytism |
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87 | (1) |
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4 Conclusion: The need to prioritise rights over religions |
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88 | (2) |
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90 | (25) |
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1 Article 20 and hate speech in the name of religion |
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90 | (6) |
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2 Pro-religious bias of article 20 |
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96 | (13) |
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2.1 Hatred in the name of religion |
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99 | (4) |
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2.2 Homophobia: Prohibited discrimination or a religious right? |
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103 | (6) |
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3 Weak protection of non-believers and atheists from hate speech |
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109 | (4) |
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4 Conclusion: Curtailing incitement of violence against atheists |
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113 | (2) |
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115 | (28) |
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1 Balancing rights of parents and children |
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116 | (8) |
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1.1 The rights and liberties of parents over their children |
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117 | (2) |
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1.2 The rights and evolving capacities of the child |
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119 | (5) |
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2 Freedom from coercive religious or moral education |
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124 | (5) |
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2.1 The liberties of the parent |
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126 | (2) |
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2.2 The best interests of the child |
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128 | (1) |
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3 Freedom from religious circumcision |
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129 | (12) |
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3.1 The child's right to health |
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130 | (7) |
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3.2 The child's freedom of religion and belief |
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137 | (4) |
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4 Conclusion: The need to protect children from their parents |
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141 | (2) |
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143 | (17) |
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1 Indefensibility of pro-religious bias of human rights law |
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143 | (11) |
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1.1 Relevance of the inherent value of religion and belief |
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143 | (5) |
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1.2 Relevance of religion or belief in social life |
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148 | (6) |
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2 Freedom from religion as the measure of religious freedom |
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154 | (6) |
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2.1 Pluralism as the guiding principle |
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154 | (3) |
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2.2 Freedom from religion as the litmus test |
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157 | (3) |
| Bibliography |
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160 | (20) |
| Index |
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180 | |
Lisainfo e-raamatute kohta