Secular Law and Inscrutable Faith: Religious Freedom, Freedom of Conscience, and the Law's Epistemology

2008 ◽  
Author(s):  
Bryan Thomas
Keyword(s):  
Religious Freedom ◽  
Freedom Of Conscience

scholarly journals Religious Freedom: Moscow Patriarchate as Catalyst for Conflict of Identity in Orthodoxy of Ukraine

2016 ◽  
Vol 1 (19) ◽  
pp. 130-134
Author(s):  
Oleksandr N. Sagan
Keyword(s):  
Religious Freedom ◽  
Religious Conflict ◽  
Religious Organizations ◽  
Freedom Of Conscience ◽  
The Law

State-church relations in Ukraine are regulated by one of the best in Europe, the Law of Ukraine "On Freedom of Conscience and Religious Organizations". However, this law can not solve the problem of confrontation between the Moscow and Kiev Orthodox patriarchates in our country, as this confrontation has gone beyond the religious conflict and, in fact, is an external expression of ideological and civilizational choice (tolerance of values) of Orthodox believers.

Religious Freedom and Equality Concerns under the Canadian Charter of Rights and Freedoms

2001 ◽  
Vol 34 (1) ◽  
pp. 85-107 ◽  
Author(s):  
Shannon Ishiyama Smithey
Keyword(s):  
Cultural Diversity ◽  
Religious Freedom ◽  
Minority Groups ◽  
Religious Practices ◽  
Ethnic Communities ◽  
Freedom Of Conscience ◽  
Religious Minority ◽  
Religious Minorities ◽  
Canadian Charter ◽  
Religious Convictions

Section 2(a) of the Canadian Charter of Rights and Freedoms guarantees freedom of conscience and religion. In interpreting the Charter, the courts have interpreted this provision to prevent the legislatures from discriminating against religious minorities by promoting particular religious practices. Judges have been much less willing to protect religious minority groups from secular laws that interfere with their religious convictions. The religion cases hold important implications for those concerned about cultural diversity and the equality of Canada's many ethnic communities, as well as for the debate over the increased power of courts under the Charter.

Dissent in the American Colonies before the First Amendment

2018 ◽  
Author(s):  
Catherine A. Brekus
Keyword(s):  
First Amendment ◽  
Religious Freedom ◽  
Church And State ◽  
Great Awakening ◽  
Early America ◽  
Religious Groups ◽  
Freedom Of Conscience ◽  
Religious Traditions ◽  
American Colonies ◽  
The Enlightenment

Many of the early migrants to the American colonies came from Dissenting backgrounds. There were many reasons why it was difficult to enforce religious uniformity across the Atlantic, including the diversity of religious traditions and the rise of the Enlightenment, particularly Locke’s emphasis on the sanctity of conscience. However, the role played by Presbyterians, Baptists, and Quakers in arguing for freedom of conscience needs to be acknowledged as well. Their pressure to create a formal separation of Church and state was vital. The 1689 Toleration Act and the revivals of the Great Awakening undermined the principle of church establishment in early America and led to divisions between different religious groups. In 1789, Dissenters contributed to the passage of the First Amendment, which guaranteed religious freedom and prohibited the establishment of a national church.

Between religious freedom and national security

2021 ◽  
Author(s):  
Victor Yelenskyy
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Security Policy ◽  
Religious Freedom ◽  
The United States ◽  
Freedom Of Conscience ◽  
Effective Response ◽  
Western Countries ◽  
Eu Member States ◽  
The Status

The article deals with the OSCE Document "Freedom of Religion or Belief and Security. Policy Guidance"(2019) from the perspective of the status of freedom of conscience and belief, as well as the political and legal realities that  prevailes in the Western countries (USA, Canada, EU member states), in Russian Federation, and in Ukraine. Author proves that attempts to balance issues of religious freedom and national security in Western countries after the 9/11 led to the establishment of a new security regime, primarily in the United States. Some essential changes designed for an effective response to current and future threats were introduced in national legal system by lawmakers in Germany, United Kingdom, Spain, France, and Italy. With all this going on, many policymakers and commentators called governments to use all necessary means to not allow terrorists and religious extremists to take advantage from what could be regarded as a vulnerability of Western democracies, namely their openness, liberal legislative regime, democratic procedures, sensitivity to human rights and human dignity. The author emphasizes that, despite some shortcomings that followed the shaping of the new security’s regime, it contains obvious components that are quite in the line with the 2019 OCSE Document’s fundamentals. Absolutely opposite, author argues, is the approach to the religious freedom and national security dichotomy in Russian Federation. The restrictions of the religious freedom in this country motivated by the interests of national security, are such brutal that destroy the main pillars of the international law in this realm and  put Russia on a par with the most flagrant violators of religious freedoms all over  the world. Finally, inspired by the Ukrainian model, author is proving that almost thirty years long experience in forming a model of state-church relations adequate to the spirit and letter of internationally recognized principals in the field of the freedom of conscience and belief can be productive even if the country faces enormous external and internal challenges and the balance between religious freedom and national security can be achieved even for a country at war.

scholarly journals (Non)Religious Freedom: A Critical Perspective on the Contemporary Understanding of Freedom of Conscience and Religion

Politeja ◽  
2021 ◽  
Vol 18 (2(71)) ◽  
pp. 183-202
Author(s):  
Rafał Prostak
Keyword(s):  
Political Discourse ◽  
Religious Freedom ◽  
Christian Theology ◽  
Freedom Of Religion ◽  
The Political ◽  
Freedom Of Conscience ◽  
Critical Perspective ◽  
Free Exercise ◽  
Human Value ◽  
Liberty Of Conscience

Nowadays, liberty of conscience as an inalienable right is a standard of demoliberal constitutionalism. It is an obvious component of a well-organized society and state. However, at the very beginning of its presence in the political discourse, it was more a product of Christian theology (the free conscience perceived as a gift of God) than a legal category; more an endowment of divinity than an intrinsic human value. In the contemporary, secularized world, our understanding of freedom of religion includes not only free exercise of religion but also freedom from religion. An increasing number of non-believers changes our expectations of the state that is obliged to protect the freedom of conscience of all citizens regardless of their beliefs. The goal of the article is to consider the difficulties faced by people with a theistic worldview in the reality of a state founded on the principle of ideological neutrality.

scholarly journals Axiological challenges of the individual religiosity of the Orthodox believer in conditions of religious freedom and freedom of conscience

2017 ◽  
pp. 99-107 ◽  
Author(s):  
Hanna Kulagina-Stadnichenko
Keyword(s):  
Religious Freedom ◽  
Human Existence ◽  
Self Determination ◽  
Freedom Of Conscience ◽  
Religious Motivation ◽  
New Type ◽  
The Subject ◽  
The Individual ◽  
First Time ◽  
Metaphysical Status

Today, researchers are increasingly concerned about the loss of humanity's landmarks of their development, which, naturally, leads to attempts to realize the goals and meanings of being an individual through the religious motivation of the formation of his outlook. In the XXI century, for the first time, the existential states of man, that is, his life's self-determination and election, not only became the object of conceptual reflection, but also acquired a qualitatively new metaphysical status, in contrast to the traditional one, became the subject of another, existential, method of philosophizing. System-forming concepts of a new type of reflection have become "man", "existence", "personality", "consciousness" instead of earlier established categories of "world", "being", "essence". As a result, world events are now interpreted as subjective or radically dependent on the subject. From this perspective, the analysis of the existentialities of human existence (in particular, the phenomena of freedom, love, holiness), the elucidation and realization of their heuristic, ontological, epistemological, and methodological potential of Orthodoxy - seems to be a very topical task.

scholarly journals Wolność sumienia i religii w Konstytucji Rzeczypospolitej Polskiej - postulaty Kościoła katolickiego

2008 ◽  
Vol 51 (3-4) ◽  
pp. 371-383
Author(s):  
Paweł Sobczyk
Keyword(s):  
Catholic Church ◽  
Religious Freedom ◽  
The State ◽  
Second Vatican Council ◽  
Freedom Of Conscience ◽  
Vatican Council ◽  
Systemic Transformation ◽  
Liberal Ideology ◽  
The Individual ◽  
Individual Dimension

The systemic transformation initiated by the Roundtable talks of 1989 made it necessary for Poland to amend its constitution, including the regulations concerning the freedom of conscience and religion. It was natural for churches and religious organisations, including the Catholic Church, to participate in the constitutional debate. The study, reflecting only the Catholic Church’s official positions, presents issues concerning the Catholic Church’s position on religious freedom in the individual dimension, that is, the freedom of conscience and religion. The Conference of the Polish Episcopate’s 1990-1997 positions on religious freedom in the individual dimensions contained some of the most important aspects of the teaching of the Second Vatican Council. These represented the basis of the Episcopate’s position in the several-year-long debate on the desired model of the state. The constitutional guarantees of religious freedom contained in the article 53 (freedom of conscience and religion) should be seen as a compromise between the principles of liberal ideology and the teachings of the Vaticanum II.

scholarly journals THE PROTECTION OF HUMAN RIGHTS IN ISLAM: AS DISCOURSED IN THE WORKS OF AL-QARADAWI

2017 ◽  
Vol 14 (2) ◽  
Author(s):  
Ahmad Nabil Amir ◽  
Tasnim Abdul Rahman
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Religious Freedom ◽  
Freedom Of Expression ◽  
Freedom Of Conscience ◽  
Crucial Issue ◽  
Protection Of Human Rights

This paper deals with the issues of human rights as crucially discussed in the works of al-Qaradawi, such as Fatawa al-Mu‘asarah, Fi Fiqh al-Dawlah fi al-Islam, Fiqh al-Jihad, Fiqh al-Awlawiyyat, Fiqh al-Aqalliyyat, Fiqh al-Zakah and other major contributions by him in the field of human rights. It fundamentally discussed the principle of safeguarding human rights relating to religious freedom, freedom of expression, freedom of conscience, rights of minority, gender equality, and other crucial topics substantively discussed by him. The outcome will highlight Qaradawi’s prominence as advocate of human rights and his position in this crucial issue and its contemporary relevance and significance for the ummah.

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