Abstract This article examines the normative spread of the French model of secularism, following the European Court of Human Rights’ judgment in the case of SAS v. France . It analyses, in particular, the role of key actors in this process, as well as the reasoning employed by the European judges in that judgment. More broadly, it highlights the fragility of the protection afforded to religious minorities in the face of the “security shift” in secularism that is being observed in Europe and which appears to be specific to this continent.
The revival of religion in post-war Yugoslav countries has reshaped the social and legal landscape, raising critical questions about the balance between secularism and religious freedom. In Kosovo, a former UN-administered entity, this dynamic is particularly complex, as the state navigates its commitment to secular governance while ensuring the protection of religious rights. This article argues that Kosovo's legal framework reflects an uneasy reconciliation between secularism and freedom of religion, often resulting in legal ambiguities and social tensions. By analyzing constitutional provisions, court decisions, and policy measures, the article demonstrates how the state's approach oscillates between strict secularism and implicit accommodations of religious influence. The contribution of this article is twofold: first, it provides an empirical analysis of the interaction between legal norms and religious identity in Kosovo, examining how individuals exercise their religious freedoms within a secular constitutional framework; second, it identifies specific legal and institutional barriers that hinder the coexistence of secularism and religious pluralism in a democratizing post-conflict society.
In the West, Catholic religious orders function within liberal political systems, yet are founded on a radically different set of values: they are communitarian rather than individualistic, rely on strong authority, and create total social structures with permanent control of behaviour. As a consequence, it is often charged that the monastic environment is inconsistent with human rights, because of its oppressive disciplinary practices and unacceptable self-deprivation of dignity it entails. Using IDI s conducted in Polish monastic institutions, I provide an empirical account of the extent to which they restrict freedoms and explain how members make sense of their situation. Is the monastery a human rights-exempted, "exterritorial" social space -a kind of Foucauldian heterotopia? Is living there an oppressive or a liberating experience? Sociologically, religious orders, especially contemplative, are total and greedy organizations, seriously restricting members' freedom of movement, correspondence, private property etc. However, the members' self-perception is shaped by different considerations, such as voluntariness of joining and remaining in the organization; striving for supernatural goals to which monastic discipline leads; the considerable political agency they enjoy; and the emancipatory character of monastic life many, especially women report. These accounts suggest that, cases of abuse and violations of basic rights notwithstanding, monasticism as such does not contravene the subjects' interests and, thus, the human-rights critique is not entirely justified.
This article critically examines the persistence of child marriage in Pakistan, a Muslim-majority country where cultural traditions and religious interpretations continue to legitimize underage unions. While international human rights standards, including the UN Convention on the Rights of the Child, define i8 as the minimum age for marriage, child marriage remains widespread across many regions of Pakistan. Rooted in customary practices and reinforced by classical Islamic jurisprudence which often links marital eligibility to physical puberty (bulugh) these practices conflict with contemporary medical, psychological, and legal understandings of childhood and maturity. This study explores the intersection of religious doctrine, statutory law, and socio-cultural norms, analyzing how interpretations of wilayah (guardianship), consent, and the magasid al-shari`ah (higher objectives of Islamic law) can be revisited to prioritize child protection. Although legislative reforms such as the Child Marriage Restraint Act exist in Pakistan, implementation is hindered by patriarchal resistance, uneven enforcement, and religious contestation. The paper argues for a rights-based juristic reinterpretation of Islamic principles that affirms the welfare of the child, and calls for an integrated approach involving legal reform, religious discourse, education, and grassroots advocacy to harmonize Islamic ethics with Pakistan's international human rights obligations.
This paper examines the nexus between Islamophobia, consumerism, and legal rights in present-day India, with a focus on the rise in boycotts of halal-certified food-products in the country. It analyses the way increasing religious prejudice, specifically against Muslims, has influenced economic choices, resulting in deliberate campaigns against outlets providing halal-only options. With legal examination of Uttar Pradesh's 2023 halal ban, the paper attempts to present the unresolved discussion on whether the right to food includes a right to freedom of dietary choices. The research emphasises how communal narratives distort the meaning and scope of the right to food and threatens the right to freedom of religion. This article attempts to contribute to the existing scholarship by locating these concerns in the larger context of constitutional rights, market regulations, and social pluralism.
This article seeks to spotlight the underappreciated role that education can play in promoting freedom of religion or belief (FoRB) in a global framework. Developing religiously literate students can contribute to a culture of FoRB. To see the fundamental human right of FoRB actualized in a society, more attention and foreign policy resources should be focused on the classes children are enrolled in. How religious studies classes are taught, what materials are used in these classes (textbooks, lessons, etc.) and the quality of the teachers in these classes is crucial to developing societies that protect religious freedom for all. The international community can develop policies to promote FoRB in education. Without more attention to the educational environment in societies, religious intolerance is likely to persist, and the goal of FoRB is unlikely to be realized.
Growing concern for animal welfare during the slaughter of animals for food purposes, alongside the need to protect the rights of religious minorities, has led to the establishment of international legal frameworks regulating ritual slaughter. This article explores how EU Member States implement Council Regulation (Ec) No. 1099/2009, which permits ritual slaughter while allowing States a significant margin of appreciation. Drawing on national animal welfare laws and data collected by the Atlas of Religious or Belief Minority Rights, the study identifies three main regulatory approaches: (i) States that allow ritual slaughter; (ii) States that prohibit it; and (iii) States that permit it only under specific conditions. Ultimately, this article aims to offer a clear and systematic map of the varied approaches adopted by EU legal systems in balancing animal welfare concerns with the religious freedom of Jews and Muslims, for whom ritual slaughter constitutes a significant component of their religious identity.
Public entities, including religious institutions, which also serve public functions, are required to adapt their space and services to accommodate the needs of people with disabilities. The article presents the findings of a study on the accessibility of places of worship that belong to the Catholic Church in Poland, in relation to existing laws, including the UN Convention on the Rights of Persons with Disabilities. The research hypothesis was that the Catholic Church in Poland implements legal provisions, including the UN Convention, to ensure accessibility for people with disabilities. The article is based on empirical data collected during a nationwide quantitative study. The research aimed to assess the current state of parishes in Poland, focusing on measures that are taken to support people with disabilities, both in spiritual and practical aspects. The hypothesis was partially confirmed. The factors hindering the full implementation of the relevant legal provisions were also identified. The research findings show that real steps are being taken to fight discrimination on grounds of disability; however, these efforts still seem to be insufficient when compared to accessibility advancements in other public institutions in Poland.
This study examines the intersection of religious practices and children’s rights in Flores, Indonesia, with a focus on the Catholic Church’s administration of the sacrament of First Communion. The research investigates how the Church’s escalating financial demands for receiving the sacrament, combined with the community’s extravagant and costly celebratory customs, disproportionately affect impoverished families. These practices not only contravene the principle of grace within Catholic doctrine—where sacraments are intended as free gifts—but also divert essential resources from children’s education and well-being. Rather than offering solutions to support poor families and protect children’s rights, the Church appears to prioritize its own interests by expecting financial contributions from those least able to afford them. This study calls for a critical re-evaluation of religious and cultural practices in Flores to ensure that the rights and well-being of children are prioritized within the context of religious observance.
Public entities, including religious institutions, which also serve public functions, are required to adapt their space and services to accommodate the needs of people with disabilities. The article presents the findings of a study on the accessibility of places of worship that belong to the Catholic Church in Poland, in relation to existing laws, including the UN Convention on the Rights of Persons with Disabilities. The research hypothesis was that the Catholic Church in Poland implements legal provisions, including the UN Convention, to ensure accessibility for people with disabilities. The article is based on empirical data collected during a nationwide quantitative study. The research aimed to assess the current state of parishes in Poland, focusing on measures that are taken to support people with disabilities, both in spiritual and practical aspects. The hypothesis was partially confirmed. The factors hindering the full implementation of the relevant legal provisions were also identified. The research findings show that real steps are being taken to fight discrimination on grounds of disability; however, these efforts still seem to be insufficient when compared to accessibility advancements in other public institutions in Poland.
The study aims to add to the discourse on Quran burning via examining its legal and sociopolitical dimensions. We analyse the ECtHR case law, and policy debates to understand the liaison between individual freedoms, religious rights, different cultural values, and societal norms. Findings highlight that Quran burning, often “framed” as free speech, causes challenges in protecting individual rights and public order. Although, the ECtHR’s doctrinal reasonings can be applied to Quran burning, there are still deep-rooted issues in Europe especially in terms of outdated blasphemy laws, contradictory national legislation, and the lack of guiding standards. The article identifies gaps in policy frameworks, emphasizing the need for culturally sensitive approaches that uphold freedom of expression while mitigating societal polarization. The study proposes policy recommendations to ease the tensions between free speech and religious respect. Our findings provide a foundation for future comparative research in addressing “symbolic” provocations and their implications.
The article examines the expression of religious beliefs by prison staff in penitentiary units. The publication answers the following three questions: (i) how do penitentiary and detention centre staff view the possibility of the expression of their religious beliefs while at work in prison?; (ii) what is the current legal situation regarding the possibility of manifesting religious freedom by prison staff?; and (iii) what assessment is to be made, taking into account the established legal framework, with regard to discrimination and respect for equality and diversity? An analysis of international case law makes it possible to put forward an argument that prohibitions on the wearing of religious symbols by state officials and other staff members are an unjustified restriction of religious freedom, leading to discrimination on the grounds of religion. The compliance with the prohibition on discrimination cannot consist of removing or concealing differences in the manifestation of religious beliefs.
This article examines the challenges ASEAN countries face in safeguarding Freedom of Religion or Belief (FoRB) within diverse cultural contexts. Using a qualitative approach, it first reviews international and regional frameworks to explore how ASEAN nations balance FoRB commitments with national sovereignty, revealing tensions between global standards and regional autonomy. It then compares constitutional protections across ASEAN, identifying themes in shared principles and varied implementations. The analysis identifies concerns hampering FoRB, including state religion designations, conditional protections, and discrepancies between constitutional ideals and practice. Issues like state involvement in religious practices, challenges to pluralism in single-faith societies, and diverse institutional strategies for FoRB oversight underscore the complexities involved. These findings suggest that the effective preservation of FoRB requires a nuanced approach that honours national sovereignty while safeguarding individual liberties.
Abstract The article examines the expression of religious beliefs by prison staff in penitentiary units. The publication answers the following three questions: (i) how do penitentiary and detention centre staff view the possibility of the expression of their religious beliefs while at work in prison?; (ii) what is the current legal situation regarding the possibility of manifesting religious freedom by prison staff?; and (iii) what assessment is to be made, taking into account the established legal framework, with regard to discrimination and respect for equality and diversity? An analysis of international case law makes it possible to put forward an argument that prohibitions on the wearing of religious symbols by state officials and other staff members are an unjustified restriction of religious freedom, leading to discrimination on the grounds of religion. The compliance with the prohibition on discrimination cannot consist of removing or concealing differences in the manifestation of religious beliefs.
This article investigates shifts in the primary sources of political and axiological discourse in Europe in the area of human rights. Assumed that there may have been two main causes, firstly, the ongoing cultural change in Europe and the departure from the Christian cultural and axiological foundations in Europe, which also affects the interpretation of human rights, is discussed. Secondly, there may perhaps have been progressive change in the source of human rights, and a departure from the concept of human dignity as a universal source of human rights, in the direction of a European cultural interpretation. This change will be shown by reference the Council of Europe and the EU. The theoretical inspiration for this article has been the theory of Christian Reus Smit, who in his own way shows an alternative history to the formation of the structures of the international system, showing that its fragmentation has been taking place around the consolidation of societies (and states) around newly-created rights. Taking this inspiration into account, the article tries to look at Europe through this prism and the European system of human rights protection in relation to the universal one.
This article examines the legal protections for religious freedom afforded to nondetained asylum seekers and refugees in European asylum centres, highlighting the gap between theoretical rights and practical implementation. Despite the fundamental right to freedom of religion or belief, asylum seekers often face coercion, verbal and physical attacks, and restrictions on their religious practices within these centres. The absence of regulations or guidelines exacerbates these problems, leaving operators in a legal grey area and the religious freedom rights of asylum seekers in limbo. The article also examines how the privatisation of refugee reception impacts human rights obligations and the dual nature of state responsibilities both negative and positive regarding religious freedom. It emphasises the necessity for the implementation of regulations and guidelines to guarantee the enforcement of religious freedom protections, with the objective of safeguarding the religious freedom rights of asylum seekers and refugees in European asylum centres.
The legal frameworks of the human right to freedom of religion and the charity law doctrine of the advancement of religion sit at opposite ends of the legal scale by virtue, inter alia, of the former being a right that protects against a social injustice and the latter being a discretionary benefit bestowed upon beneficiaries and even that discretionary benefit is governed by stringent charity law principles. Consequently, it may be seen that the discretionary benefits bestowed by the advancement of religion might be at odds to the right to freedom of religion. As a result, this article considers whether the advancement of religion can give effect to the freedom of religion, and if not, whether any such limitations may be justified in a democratic society. Thus, this article explores a number of key legal issues pertaining to religion through the charity law lens from a New Zealand perspective, and in doing so, sheds some light on the relationship between the freedom of religion and the advancement of religion.
