The Experts below are selected from a list of 360 Experts worldwide ranked by ideXlab platform
Pasquale Annicchino - One of the best experts on this subject based on the ideXlab platform.
-
recent developments concerning the promotion of Freedom of Religion or belief in italian foreign policy
Review of Faith & International Affairs, 2013Co-Authors: Pasquale AnnicchinoAbstract:Italy recently joined the growing group of countries with dedicated policies for the protection and promotion of Freedom of Religion or belief in its foreign policy. The records of two recent Ministers of Foreign Affairs, Franco Frattini and Giulio Terzi di Sant'Agata, show increased engagement, both bi-laterally and within the EU, on religious Freedom. Italy played an important role in the development of new EU guidelines on religious Freedom promotion, has been active at the UN in opposing resolutions on “defamation of Religion,” and has recently established a unique, and possibly problematic, new institution, the Italian Oversight Committee for Religious Freedom.
-
recent developments concerning the promotion of Freedom of Religion or belief in italian foreign policy
Social Science Research Network, 2013Co-Authors: Pasquale AnnicchinoAbstract:The right to Freedom of Religion or belief has visibly made an entry into the international arena through specialized institutions aimed at its protection and promotion in multilateral fora, in international organizations, and in relationships with third countries (countries that are not part of the European Union) and civil society at large. This is also true in the case of Italy, which recently joined the growing number of countries with dedicated policies for the protection and promotion of Freedom of Religion or belief in their foreign policy. In this article I provide a brief update and analysis of the recent attempts undertaken by the Italian Ministry for Foreign Affairs in the field. An English translation of the protocol between the City of Rome and the Ministry for Foreign Affairs establishing the Italian Oversight Committee for Religious Freedom is provided in the Annex. This is an Author's Original Manuscript of an article submitted for consideration in The Review of Faith & International Affairs (copyright Institute for Global Engagement).
-
Freedom of Religion or belief in the foreign policy of the european union much ado about nothing
Social Science Research Network, 2013Co-Authors: Pasquale AnnicchinoAbstract:Part One of this article introduces the new European External Action Service. Part Two focuses especially on the recent policies undertaken by the European Union to include the protection of religious Freedom or belief in its external action. Part Three compares the action undertaken by EU institutions with the model that served as its source of inspiration, namely the U.S. Commission on International Religious Freedom. Part Four offers some tentative conclusions. I will argue that thus far, analyzing the concrete measures approved by EU institutions in the field, the enthusiasm or early critics is not justified. The EU guidelines on Freedom of Religion or belief will probably only constitute a first minimal step, but more time will be needed to assess the real policy intentions in the field in concreto.
-
the new guidelines on Freedom of Religion and lgbti rights in the external action of the european union
European human rights law review, 2013Co-Authors: Pasquale AnnicchinoAbstract:The European Union has recently joined a wider group of states that promote human rights in their foreign policy. Two recent documents approved by the European Council on the promotion and protection of Freedom of Religion and belief and LGBTI rights offer new material for the discussion on the role of human rights in the external relations of the European Union. The challenge for the EU will be to find a new balance and coherence between the protection of human rights within the EU and policies to advance human rights abroad.
-
between the margin of appreciation and neutrality the lautsi case and the new equilibria of the protection of Freedom of Religion or belief in europe
Social Science Research Network, 2012Co-Authors: Pasquale AnnicchinoAbstract:Book chapter on the role of the doctrine of margin of appreciation and the principle of neutrality in the case law of the European Court of Human Rights on Freedom of Religion or belief after the Lautsi case.
Brooke Mackenzie - One of the best experts on this subject based on the ideXlab platform.
-
like a prayer administrative law implications of the supreme court s Freedom of Religion decision in saguenay
Social Science Research Network, 2015Co-Authors: Brooke MackenzieAbstract:In Mouvement laique quebecois v. Saguenay (City), 2015 SCC 16, the Supreme Court of Canada ordered a municipality and its mayor to stop reciting a prayer at city council meetings on the basis that they had breached the state’s duty of neutrality and had thus created a discriminatory interference with an individual’s Freedom of conscience and Religion. Touching on a hot topic – conflicting assertions of religious rights and Freedoms – the Court’s conclusion piqued the interest of the Canadian public, lawyers and non-lawyers alike. Canadian litigators, however, should be particularly interested in Saguenay, because of the way the Court reached its conclusion. The Court’s analysis provides helpful guidance and an interesting discussion on the appropriate standards of review for a statutory appeal, holding that (1) standards of review where a statute provides for an appeal of an administrative tribunal are those that apply on judicial review, rather than appeals from a court; (2) different standards of review can apply to separate aspects of one decision; and (3) reviewing courts must refrain from considering issues outside the tribunal's jurisdiction in their review.
Thiago Alves Pinto - One of the best experts on this subject based on the ideXlab platform.
-
investigations on the use of limitations to Freedom of Religion or belief in brazil
Social Science Research Network, 2020Co-Authors: Thiago Alves Pinto, Rodrigo Rodrigues AlvesAbstract:The present article analyses cases from top Brazilian courts and has received contributions from several scholars, practitioners, and public officials to better understand the use of limitations to Freedom of Religion or belief in the country. The Brazilian Constitution provides for the right to Freedom of Religion or belief as a fundamental right, and other domestic legislation regulates the right, including those implementing international human rights treaties that Brazil has ratified. These laws are easily accessible. Nevertheless, domestic courts seldom rely on such international instruments or the case-law of international bodies in their judgments. Therefore, although these instruments are in force in Brazil, domestic courts do not expressly use or refer to the clauses of permissible limitations of the relevant international and regional human rights instruments, creating a scenario with low levels of legal certainty for those seeking the protection of the right to Freedom of Religion or belief.
-
an empirical investigation of the use of limitations to Freedom of Religion or belief at the european court of human rights
Social Science Research Network, 2020Co-Authors: Thiago Alves PintoAbstract:Most literature on Freedom of Religion or belief argues that there should be a high threshold for the imposition of limitations to the manifestation of the right. However, the practice of the European Court of Human Rights shows that the bar is much lower than academics suggest. This article explores this issue by analysing a plethora of cases and on the basis of interviews with lawyers connected to the Court. While the Court often considers the requirements of legality, legitimacy, and necessity, it does so briefly; focusing mostly on the analysis of proportionality and the margin of appreciation to the State in question. This approach makes the decisions exceedingly subjective and leads to little legal certainty in the area. Therefore, it is suggested that if the Court would analyse all criteria to impose limitations strictly, it could become more efficient while providing greater protection for persons to manifest their Religion or belief.
-
enforcing Freedom of Religion or belief in cases involving attacks against buildings dedicated to Religion the al mahdi case at the international criminal court
Social Science Research Network, 2020Co-Authors: Juan Pablo Perez Leon Acevedo, Thiago Alves PintoAbstract:The international community has increasingly witnessed widespread and systematic attacks on buildings dedicated to Religion in armed conflicts. Such violations of international law have deprived many individuals of places to express their beliefs within their communities. Although international law sources already protect these buildings, recent experience suggests that greater protections are required, particularly in times of armed conflict. This Article seeks to determine the extent to which the International Criminal Court (ICC) can operate to protect human rights, particularly the right to Freedom of Religion or belief, while dealing with intentional attacks against buildings dedicated to Religion. The Al Mahdi case at the ICC provides the analytical foundation for this research. Al Mahdi was convicted in 2016 of the war crime of attacking buildings dedicated to Religion. The attack, implemented by a militant group associated with al Qaeda, targeted ten religious buildings in Timbuktu, Mali, severely affecting the city’s religious and cultural diversity. A critical analysis of the Al Mahdi case provides normative guidelines for legal issues arising from the protection of buildings dedicated to Religion during armed conflicts. This Article argues that the ICC largely focused on violations of the collective right to cultural life at the expense of a proper consideration of serious breaches of Freedom of Religion or belief. We also discuss potential interactions between the ICC and international human rights law.
Sujit Choudhry - One of the best experts on this subject based on the ideXlab platform.
-
rights adjudication in a plurinational state the supreme court of canada Freedom of Religion and the politics of reasonable accommodation
Social Science Research Network, 2013Co-Authors: Sujit ChoudhryAbstract:A disproportionate number of the Supreme Court of Canada’s recent cases on Freedom of Religion under s. 2(a) of the Canadian Charter of Rights and Freedoms come out of Quebec and involve claims for reasonable accommodation. These decisions represent a point of national cleavage in two respects. First, in each case the Quebec Court of Appeal rejected the section 2(a) claims, and the Supreme Court of Canada overturned its decision. Second, the Supreme Court has often divided on national lines with one or more francophone judges from Quebec writing a concurrence or a sharp dissent. Moreover, francophone judges from outside Quebec have also broken ranks with their colleagues. The cleavages on the Supreme Court have sometimes tracked a large and arguably growing divide between Quebec and the rest of Canada on these questions. I link this line of cases to earlier disputes about the constitutionality of Quebec’s policies to promote the French language that were ultimately resolved by the Court. The fact that the Court spoke in a single voice in those earlier cases can be explained, in part, by the need to preserve its institutional legitimacy. This time, the point of dispute is not language, but Religion. The Supreme Court is groping incrementally toward a kind of consensus position on the character of the “neutral” state to close this divide within the Court against the backdrop of an intense political debate on these issues in Quebec.
Jeanlouis Cohen - One of the best experts on this subject based on the ideXlab platform.
-
Freedom of Religion inc whose sovereignty
Social Science Research Network, 2015Co-Authors: Jeanlouis CohenAbstract:This article focuses on an expansive conception of religious Freedom propagated by a vocal group of American legal scholars – jurisdictional pluralists – often working with well-funded conservative foundations and influencing accommodation decisions throughout the US. I show that the proliferation of ‘accommodation’ claims in the name of church autonomy and religious conscience entailing exemption from civil regulation and anti-discrimination laws required by justice have a deep structure that has little to do with fairness or inclusion or liberal pluralism. Instead they are tantamount to sovereignty claims, involving powers and immunities for the religious, implicitly referring to another, higher law and sovereign than the constitution or the people. The twenty-first century version of older pluralist ‘Freedom of Religion’ discourses also rejects the comprehensive jurisdiction and scope of public, civil law – this time challenging the ‘monistic sovereignty’ of the democratic constitutional state. I argue that the jurisdictional pluralist approach to religious Freedom challenges liberal democratic constitutionalism at its core and should be resisted wherever it arises.
-
Freedom of Religion inc whose sovereignty
Netherlands journal of legal philosophy, 2015Co-Authors: Jeanlouis CohenAbstract:Proliferating demands by the religious for exemptions from general valid law in the US and elsewhere should give us pause. Freedom of Religion is the slogan, ‘accommodation’ the key claim.1 We seem to be in multicultural territory. ‘Accommodation’ implies that at issue is the protection of religious minorities from unduly burdensome laws passed by secularist or religious majorities. But I argue that the multicultural minority rights frame cannot get at the deep structure of the most contentious demands for accommodation by courts and legislatures, nor help us thematize the fundamental challenge they pose to liberal constitutional democracy.
