scholarly journals The Impact of the Church–State Model for an Effective Guarantee of Religious Freedom: A Study of the Peruvian Experience during the COVID-19 Pandemic

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 40
Author(s):  
Susana Mosquera

During the COVID-19 pandemic, many governments established important restrictions on religious freedom. Due to a restrictive interpretation of the right to religious freedom, religion was placed in the category of “non-essential activity” and was, therefore, unprotected. Within this framework, this paper tries to offer a reflection on the relevance of the dual nature of religious freedom as an individual and collective right, since the current crisis has made it clear that the individual dimension of religious freedom is vulnerable when the legal model does not offer an adequate institutional guarantee to the collective dimension of religious freedom.

2018 ◽  
Vol 19 (1) ◽  
pp. 167-180
Author(s):  
Miguel Sánchez-Lasheras

Resumen: Con frecuencia se recalca la importancia de proteger el derecho de libertad religiosa, pero, sin embargo, se desconoce el contenido específico de este importante derecho fundamental. En el presente artículo se exponen, de manera sintética, los derechos y libertades que conforman la dimensión individual de la libertad religiosa. Los principales ejemplos de normas positivas se refieren a la República de Chile, si bien se traen a colación algunos temas de actualidad en el contexto internacional y comparado.Palabras clave: Libertad religiosa. Derechos individuales. Derecho chileno. Derecho comparado. Abstract: The importance of protecting the right to religious freedom is often stressed, but nonetheless, the content of this important fundamental right is sometimes unknown. This article tries to expose, in a synthetic way, the rights and freedoms that shape the individual dimension of religious freedom. The main examples of positive laws refer to the Republic of Chile, although some current issues in the international and comparative context are also mentioned.Keywords: Religious freedom. Individual rights. Chilean law. Comparative law.


1999 ◽  
Vol 61 (4) ◽  
pp. 704-710
Author(s):  
Samuel Cardinal Stritch

The presentation of what the author calls a “grave danger” which confronts the Church in the United States in my judgment is not comprehensive. All through our history, we Catholics in the United States have had to face this same attack upon the Church from non-Catholics. The point of the attack has been the same all through the years: namely, that Catholics cannot be loyal to the Constitution of the United States and at the same time loyal to their Church. The notion of religious freedom in the non-Catholic mind in the Englishspeaking world derives from the Protestant doctrine upholding the right of the individual to interpret for himself the Sacred Scriptures.


2020 ◽  
Vol 20 (1) ◽  
pp. 101-119
Author(s):  
Dana Schmalz

Abstract Language rights have traditionally been codified and discussed in the context of minority protection. The identification of language rights with questions of national minorities can, however, confound the analysis. This article explores the freedom of using a language and argues that the individual dimension of language rights must not be ignored beside the group dimension. The argument proceeds along a reading of three recent cases from the European Court of Human Rights, which concerned the use of Kurdish in Turkey. The Court’s reasoning illustrates the risk of an ‘anxiety logic’, which sees any language rights in connection with political claims of groups, thereby introducing additional conditions for the right and disregarding the significance a specific language can have for an individual, being more than a medium of conveying and receiving information. Conceptualising language use as an individual freedom is necessary also to account for situations other than national minorities, most importantly for the language rights of immigrants.


2002 ◽  
Vol 39 (2) ◽  
pp. 155-170 ◽  
Author(s):  
Ran Kivetz ◽  
Itamar Simonson

Although frequency programs (FPs) have become ubiquitous in the marketplace and a key marketing-mix tool for promoting customer relationship and loyalty, little is known about the factors that determine how such programs are evaluated by consumers. The authors investigate the impact of the level of effort participants must invest to obtain the reward on the types of rewards they prefer and, consequently, on the decision to join the FP. In particular, the authors propose that higher required effort shifts consumer preferences from necessity to luxury rewards, because higher efforts reduce the guilt that is often associated with choosing luxuries over necessities. A series of studies with approximately 3100 consumers demonstrated that (1) higher program requirements shift preferences in favor of luxury rewards, (2) this effect is also observed when consumers choose between luxury and necessity rewards (of the same value) that they themselves proposed, and (3) the effect of program requirements on reward preferences is stronger among consumers who tend to feel guilty about luxury consumption and among those for whom the effort is invested in the context of work rather than pleasure. In addition, contrary to an alternative explanation based on the notion that higher requirements signal higher value of luxury rewards, the authors show that (1) when the program requirements are held constant but the individual consumer's effort is higher, the shift in preference toward luxuries is still observed and (2) increasing the monetary cost of participating in the FP decreases consumer preferences for luxury rewards. The authors discuss the theoretical implications of this research and the practical implications with respect to the design, targeting, and promotion of FPs.


Author(s):  
Mathias Schmoeckel

AbstractThe Importance of the Protestant Reformation: It might be difficult for some lawyers to accept the influence of theology on law, but in a Europe forged by the Christian faith its basic assumptions necessarily had an influence on law. The most important contribution of the Protestant Reformation may be its epistemology, which modernised European science and also its jurisprudence. With the end of the Church as the single institution establishing justice and truth, every single person had the opportunity to define what was just and equitable. This paper concentrates on the impact of the Protestant Reformation on international public law, which was conceived at Wittenberg in the 1530s as a device to impose rules between kings and states regardless of their confession. The hope of ameliorating international relations or even of establishing perpetual peace through law is an assumption, which we already find in Melanchthon’s writings. This relies on the optimistic premise that good rules explain how to behave correctly and that people can learn from the law. In the 20th century, children themselves became holders of the right to education, which demonstrates this confidence of the Protestant Reformation in our time.


Pólemos ◽  
2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Marco Peruzzi

AbstractThe essay focusses on the employment relationship as a privileged perspective for the analysis of the binomial “power of voices/voices of power.” In such context, the right to strike is presented as a meaningful example of the power stemming from a collective organisation of voices, the voices of the workers, granted as a means to counter-balance the power and the voice of the employer. The analysis highlights the enduring relevance of the British perspective towards the topic, from the liberalist policies fostered by Prime Minister Thatcher in the Eighties until the critical approach recently adopted by the British Government with regard to the protection of the right to strike at international level. British filmography is chosen as a lens for observing such perspective, in particular to the extent it describes the impact of Thatcherism on the British model of industrial relations as well as the economic and social consequences of such political measures in the Nineties. After a general overview, aimed at highlighting common features across the films, like the pivotal role of music and dance in the storyline, the analysis focusses on Billy Elliot, examining the ambiguous relationship between the collective and individual dimension in its narration.


Author(s):  
Ben Qara Mustafa Aisha

This study aimed to identify the international, regional and even national efforts to protect the rights and privacy of the individual from the impact of informatics, and the extent to which it succeeded in achieving this. To achieve this, the researcher used the analytical method by explaining the new technical challenges to personal data and various legal mechanisms to protect this right. The research was based on an introduction, two papers and a conclusion. The first topic was entitled "What is the privacy of informatics and the dangers it faces in the digital age", while the second topic is devoted to international and regional efforts to protect information privacy. The results of the study showed that most of the legislations, especially the Arab ones, are not able to deal with violations of personal data, and concluded that new legal rules must be enacted to protect information privacy, based on established international principles in the field of informatics.


2020 ◽  
Vol 15 (2) ◽  
pp. 85-99
Author(s):  
Duralia Oana

AbstractIt is well known that the extent to which the supply manages to adapt to the demands and changes in consumer behavior is key to the success of a business or, in the current economic context, to the survival of a business. This paper aims to analyze the manner in which the perception and attitude of the individual towards risk causes major changes in its purchasing behavior and, implicitly, to identify the tools of marketing with a favorable impact on the consumer, in the economic and social context generated by the Covid-19 pandemic. Although the fear and concern generated by the current economic and social crisis are visibly affecting both social behavior in general, and purchasing behavior in particular, finding effective ways to inform and communicate with consumers to facilitate their access to up-to-date and highly accurate information is essential both to meet the growing need for information in conditions of risk and uncertainty, and to guide the purchasing decision towards the best alternative for the consumer.


Religions ◽  
2019 ◽  
Vol 10 (5) ◽  
pp. 293 ◽  
Author(s):  
Kyriaki Topidi

In the most common representations of the Polish people, the Catholic Church is not simply considered as a part of the Polish nation; it is the Polish nation. This is reflected in the constitutional relationship of the Church and the State, in the form of a concordat. Yet, despite a formally constitutionally warranted separation, the Church retains heavy weight in the legal and political debates to the point that currently, in a time of resurgence of populism across the globe, a number of right-wing parties adopt positions based on those of the Church, establishing a dangerous nexus between religion and nationalism. The aim of the present contribution is to map this unique process within Eastern Europe in order to show how, in the case of Poland, religious identity and the exercise of religious freedoms, despite its fragmented nature at the individual level of believers, has acquired the features of an autonomous field of intervention, with clear consequences on morality and the exercise of politics, as well as religious rights and freedoms of citizens. Using the example of religious education in public schools, the article will demonstrate the complex paths of the process of secularization in the light of the historical dynamics of state, nation, and Church in Poland. In fact, it will argue that we are gradually moving away from the triumph of secularism as a “teleological theory of religious development” but firmly entering the perilous territory of religious belief as a “traditional carrier of national identity.” Tasked with the mission by Pope John Paul II to “restore Europe for Christianity,” upon joining the EU in 2004 and based on the premise that “majorities have rights too,” this shift implies new forms of religious nationalism for Poland that significantly affect religious freedom by creating dichotomies between “Us” and “Others.” It also offers, similarly to other Eastern European countries, a nuanced interpretation of religious equality that assumes the role of law as limited to protecting religions recognized by reference to established traditions, ignoring the realities of pluralized religious markets.


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