Religious minority rights in EU countries. What protection?

2020 ◽  
pp. 208-224
Author(s):  
Silvio Ferrari
Keyword(s):  
Minority Rights ◽  
Religious Minority ◽  
Eu Countries

The Politics of Religious Pluralism in Indonesia: The Shi'a Response to the Sampang Incidents of 2011–12

2019 ◽  
Vol 8 (1) ◽  
pp. 51-64
Author(s):  
Ken Miichi ◽  
Yuka Kayane
Keyword(s):  
Religious Pluralism ◽  
Minority Rights ◽  
Safety Net ◽  
Religious Minority ◽  
Religious Minorities ◽  
Institutional Settings ◽  
Religious Intolerance ◽  
Political Forces ◽  
Democratic System ◽  
Direct Elections

AbstractAn increasing number of reports and studies on offenses against religious minorities has been published in Indonesia since the country's democratic transition in 1998. While the literature on intolerance unveils the young democracy's institutional problems which have undermined and eroded minority rights, such as direct elections and the lack of judicial independence, it leaves many critical questions to address. Although the number of victims of religious intolerance increased, in the same institutional settings, a large number of religious minorities has managed to prevent escalating violence and avoid being targeted by intolerant groups. Under what circumstances and how do minorities deter attacks in a time of heightened tension against them under a democratic system that has afforded them little protection? This article sheds light on the case of the Shi'a who suffered a series of attacks in Sampang, Madura in the East Java province, but have since gradually developed resilience. A series of attacks in Sampang in 2011–12 was one of the most destructive events against religious minorities in Indonesia. Examining the Sampang incidents, this article argues that if the religious minority can develop a cohesive network with elements of the majority capable of mobilising state power, it would build a safety net preventing attacks by intolerant groups. Thus, this article aims to develop our understanding of how religious minorities address violence caused by hostile socio-political forces and adapt to Indonesia's democracy.

scholarly journals Book Review: Author: Al Khanif; Title: Religious Minorities, Islam, and The Law: International Human Rights and Islamic Law in Indonesia; Publisher: Routledge, 2021

2021 ◽  
Vol 5 (1) ◽  
pp. 94
Author(s):  
Abubakar Eby Hara
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Minority Rights ◽  
Review Author ◽  
International Human Rights ◽  
Religious Minority ◽  
Religious Minorities ◽  
International Human ◽  
Minority View ◽  
Secular State

This book examines religious minority rights in Islam in Indonesia from the international and local human rights perspectives. Its main contribution lies in the effort to find Indonesia's uniqueness in managing minority rights in religion. This study leads the author to a rich discussion of how international human rights through its activists spread the need for freedom of every citizen and how advocates of religious orthodoxy ​​respond to it. In contrast to analysts who use the dichotomous view of the acceptance or rejection of international human rights values, the author sees complexity in the process of spreading these values. It can be said that there is a process of modifying the values ​​of secularism in human rights and localization to make these values ​​an integral part of society. In this line of view, the author calls the Indonesian state a quasi-theistic secular state which means that Indonesia is a secular country but friendly and tries to guarantee freedom of religion and worship. In the case of minority rights in Islam, the state prioritizes harmony in society and supports the orthodox views of the majority. The minority view must be assimilated with the orthodox teachings of Islam to get a place to live. The quasi-theistic secular state continues to experience contestation and has undergone a long construction process based on the narration of the peaceful entry of Islam and the relatively moderate character of Indonesian Islam. At a certain level, this state concept has developed to be an identity and norms that become a reference for how to treat religious minorities. The author thus succeeded in showing that Indonesia is an example of a country that can develop its own identity and norms of religious life that are different from that of the Western secular state system.

Recognizing Religious Minority Rights

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Eugenia Relaño Pastor
Keyword(s):  
Human Rights ◽  
Religious Diversity ◽  
Minority Rights ◽  
Religious Communities ◽  
European Convention ◽  
Religious Minority ◽  
Religious Minorities ◽  
Group Rights ◽  
National Minorities ◽  
European Court

The European Convention on Human Rights (ECHR) does not contain any provision on minorities, and neither has the European Court of Human Rights (ECtHR) considered the notion of minority rights when dealing with claims involving religious minorities. This contribution aims to show how the Court addresses the rights of religious minorities through the concepts of ‘religious diversity’ and ‘pluralism’. In order to overcome the historical tension between individual rights versus group rights, the author offers a theoretical typology on religious minority rights that combines rights- holders with individual and group interests and takes into consideration UN human rights texts on minorities and the freedom of religion, as well as the ECHR and the Framework Convention for the Protection of National Minorities. By applying the three categories of the above- mentioned typology— individual differentiated rights to members of minorities, group- differentiated rights, and special interest group rights— to the Court’s jurisprudence on members of religious minorities and religious communities, the author concludes that while the ECtHR has systematically reiterated its commitment to pluralism, it has partly failed to grant protection to religious diversity, particularly, when ‘uncomfortable’ religious diversities are the stake.

scholarly journals On Aims, Means, and Unintended Consequences: The Case of Molla Sali

Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 859
Author(s):  
Effie Fokas
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Unintended Consequences ◽  
Religious Communities ◽  
Religious Minority ◽  
Minority Protection ◽  
Minority Community ◽  
National Minorities ◽  
European Court ◽  
Muslim Minority

This contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: ‘What happens when provisions for religious minority protection lead to the violation rather than protection of members’ rights?’ That case is Molla Sali v. Greece (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in that community subjected her—involuntarily—to the authority of sharia law over inheritance matters. The case serves as a foundation from which to explore the ECtHR’s engagements with the Framework Convention for the Protection of National Minorities, an exploration which helps bring to the fore the problems around the concept of ‘voluntary’ opting into identification with a minority identity when the latter entails some form of disadvantage. Women, in particular, due to family and peer pressures, are vulnerable to such disadvantage in contexts such as that from which the case of Molla Sali arises. Thus, the case invites discussion of various ways in which individual and group rights may come into conflict and considers minority rights specifically in relation to other human rights.

scholarly journals Kontruksi Filosofis Perlindungan Hak Asasi Manusia Minoritas Keagamaan dalam Konstitusi Indonesia

2015 ◽  
Vol 4 (02) ◽  
pp. 368-387
Author(s):  
A. Fajruddin Fatwa
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Minority Group ◽  
Minority Rights ◽  
Research Data ◽  
Equal Protection ◽  
Religious Minority ◽  
Minority Protection ◽  
The People ◽  
Abstract Level

Abstract: This article focuses on presenting problem of religious minority right in Indonesia. Based on its constitution, Indonesia has equal protection for all citizens. There are some basic religion right clearly protected and presented in constitutional and criminal law. Unfortunately, violation of minority rights still continues in Indonesian life. According to research data, there are a big gap perception between government and the people. Government choose to float the norms of religious minority right protection in abstract level and most of religious minority group asked more detail and concrete norm.Keywords: Religious minority protection, human rights, religious minority.

scholarly journals Tying the Knot: A Holistic Approach to the Enhancement of Religious Minority Rights and Freedom of Religion

Religions ◽  
2021 ◽  
Vol 12 (9) ◽  
pp. 689
Author(s):  
Silvio Ferrari ◽  
Kerstin Wonisch ◽  
Roberta Medda-Windischer
Keyword(s):  
Holistic Approach ◽  
Minority Rights ◽  
Freedom Of Religion ◽  
Religious Minority ◽  
Politics Of Difference

The debate on religious minority rights has long been stranded in the shallows of a sterile juxtaposition between the politics of sameness and the politics of difference [...]

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