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Freedom of Religion, Minority Rights and the Law: The Status of Jewish and Muslim Minorities in Europe and Beyond [Kõva köide]

  • Formaat: Hardback, 372 pages, kõrgus x laius: 234x156 mm, kaal: 453 g
  • Ilmumisaeg: 11-Aug-2025
  • Kirjastus: Routledge
  • ISBN-10: 1032696915
  • ISBN-13: 9781032696911
  • Formaat: Hardback, 372 pages, kõrgus x laius: 234x156 mm, kaal: 453 g
  • Ilmumisaeg: 11-Aug-2025
  • Kirjastus: Routledge
  • ISBN-10: 1032696915
  • ISBN-13: 9781032696911

This book provides an in-depth, scholarly reflection on the challenges that arise in guaranteeing religious freedom and protection of the rights of religious minorities in law and practice. Currently, the protection of religious minorities constitutes one of the foundations of the international human rights protection systems and is provided for in the constitutions of all democratic states. The volume identifies, analyses and assesses the legal status of religious freedom and protection of religious minorities, with special focus on Jewish and Muslim minorities in the European and Israeli legal environments. It compares the discourses on the scope and boundaries of religious freedom with the actual treatment of religious freedom in legal regulations, the case law and in practice by the general society. The book employs the resources of comparative law, national and international law, as well as legal theory. Extensive use is also made of decisions of the international courts, including the European Court of Human Rights and the Court of Justice of the European Union. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Law and Religion, International Human Rights Law, Comparative Constitutional Law and Religious Studies.

The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [ Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.



This book provides an in-depth, scholarly reflection on the challenges that arise in guaranteeing religious freedom and protection of the rights of religious minorities in law and practice.

Arvustused

The message of this highly interesting and well-edited collection is complexity and enigma, the gap between theory and practice concerning the freedom of religion. Many countries would declare their support for it, but when it comes to implementing, we many a time face nimby-not in my backyard. While legal institutions continue their more or less successful work, reality in many societies is grim. But having said that, sadly based on the gift of memory, we should never lose hope, in the spirit of prophet Malachi (2.10)-Have we not all one father?

Justice Professor Elyakim Rubinstein, Hebrew University, Jerusalem, former Vice President of the Supreme Court of Israel and Attorney General of Israel.

A timely and insightful collection examining two religious minorities in Europe, whose status is increasingly precarious - not only due to the growing secularization of European societies and the resulting indifference, insensitivity, or even hostility toward religious claims but also because of polarizing political events that cast them as adversaries or outsiders. This book sheds new light on the diverse interpretations of state secularism, the principle of neutrality, and the practical challenges of ensuring reasonable accommodation for Jews and Muslims in Europe. A meticulously curated edited volume featuring a stellar cast of contributors.

Professor Anna ledziska-Simon, University of Wrocaw, member of the Cultural and Religious Diversity under State Law across Europe project at the Max Planck Institute for Social Anthropology in Halle.

Foreword - Adv. Meir Linzen (President of the International Association
of Jewish Lawyers and Jurists) Prologue: The Boundaries of Religious Freedom
in Democracies (Raphael Cohen-Almagor) Introduction: Religious Freedom and
Religious Minorities in Contemporary Europe and Beyond (Aleksandra
Gliszczyska-Grabias and Aviad Hacohen) Part 1: Jewish and Muslim Minorities
as Vulnerable Groups under International Human Rights Law
1. The ECtHR, the
CJEU and the Protection of Religious Minorities: A Mixed Scorecard (Kristin
Henrard)
2. Strengthening the Protection of Religious Minorities by
Establishing a New Universal Human Rights Treaty: A Necessary or Redundant
Effort? (Aleksandra Gliszczyska-Grabias)
3. The Concept of Vulnerability in
the Context of Religious Minorities (Grayna Baranowska) Part 2: Duty of
Religious Neutrality and Impartiality
4. Free Speech and Religious
Sensitivity: Between Todays State-Sponsored SLAPPing and Careful Balancing
of Competing Interests (Marcin Górski)
5. Employers Duties to Respect the
Religious Freedom of Employees at the Workplace Recent Developments (Ioanna
Tourkochoriti) Part 3: Shechita and Traditional Circumcision Bans
6. Shechita
Legal Bans in the Comparative Perspective (Historically and Today) (Iddo
Porat)
7. Animal Welfare and the Right to Freedom of Religion Before the
CJEU: The Case of Stunning and Ritual Slaughter (Gerhard van der Schyff)
8.
Ritual Male Circumcision and Childrens Rights (Rhona Schuz) Part 4: The
Constitutional Boundaries of Religious Accommodation of Jewish and Muslim
Minorities: National Perspectives
9. The Constitutional Boundaries of
Religious Accommodation: The Israeli Perspective (Aviad Hacohen)
10. Jewish
and Muslim Claims to Religious Freedom, Participation and Benefits under
Article 4 (1) and (2) of the German Basic Law and their Constitutional
Limits
(Hans Michael Heinig)
11. Recent Developments in Belgian Case Law on the
Regulation of Relations between the State and Religions (Stéphanie Wattier)
12. Lethargy in the UK: How Not to Accommodate Religion or Belief (Russel
Sandberg)
13. Laïcité, the legal framework for the exercise of minority
religions in France (Francois Finck) Epilogue: The Amicus Curiae Opinion of
the International Association of Jewish Lawyers and Jurists for the CJEU
Shechita case (Joseph Weiler)
Professor Aleksandra Gliszczyska-Grabias is a Professor at the Institute of Law Studies of the Polish Academy of Sciences, Poland.

Professor Aviad Hacohen is President of the Academic Center for Law and Science and former Dean of its Law School; former Lecturer on Constitutional Law and Jewish Law at the Hebrew University of Jerusalem; Senior Research Fellow, Van Leer Institute Jerusalem, Israel.