Human Rights and the Separation of State and Religion: International Case Studies (Religion and Human Rights, 10)

This text highlights key aspects of the religion/church-state relationship/debate, and related hitherto marginal topics. The contributions make clear that there is no clear blueprint for an optimal relationship between religion/church and state. Individual states and countries are analysed on the granular level for example, to address mono-religious against poly-religious as well as secular societies. Among others, chapters address education, migration and politics against religion as well as the effect of LGBTQ+ communities on religion and societies. This collected volume appeals to researchers, and students working in religious studies and political science. Contents Chapter 1: The Religion-State Relation as Problem and Prospect References Chapter 2: Religious Freedom and the Relationship Between State and Religion 1 Introduction 2 Religious Claim to Absoluteness as a Problem for the Liberal-Democratic State 3 The Emancipation of the State from Religious Truth Claims 4 Religious Freedom as a Fundamental Right and Human Right 5 When May the State Restrict Religious Freedom? 6 Models of the Relationship Between State and Church/Religion 7 Discourses on the Relationship Between the State, Church and Religion References Secular Documents Religious Documents Chapter 3: State-Religion Separation in the Multireligious Context of Indian Democracy: An Empirical Study 1 Religion’s Place in Indian Secularism 2 Religious Freedom in the Human Rights Tradition and in the Indian Constitution 3 Religion’s Function in the Indian Society 3.1 Christian Tradition 3.2 Islamic Tradition 3.3 Hindu Tradition 4 Conceptual Framework and Research Questions 5 Research Design 5.1 Sample and Data Collection 5.2 Measuring Instrument 5.3 Methods of Analysis 6 Empirical Results 6.1 Religion’s Right in Education 6.2 Religion’s Right in Public Life 6.3 State’s Autonomy in Education and Public Life 6.4 Religion’s Right in Education 6.5 Religion’s Right in Public Life 6.6 State’s Autonomy in Education and Public Life 6.7 Religion’s Right in Education 6.8 Religion’s Right in Public Life 6.9 State’s Autonomy in Education and Public Life 7 Findings and Their Significance 7.1 Religion’s Right in the Educational and Public Spheres 7.2 State’s Autonomy in the Educational and Public Spheres References Chapter 4: Freedom of Religion and German Law Governing the Relationship Between Organised Religion and the State 1 Introduction 1.1 The Current Debate on Freedom of Religion and the Religion-State Relationship 1.2 Staatskirchenrecht or Religionsverfassungsrecht? 2 Fundamental Aspects of the Law on the Relationship of Organised Religion and the State 2.1 Freedom of Religion and Its Limits 2.2 Equality of Religions: A Completing Element of Religious Freedom 2.3 Separation of Church and State 2.4 The Religious and Philosophical Neutrality of the State 2.5 Religion in the Public Sphere: ‘Distance and Cooperation’ 2.6 Support for Religious Practice and Consideration for Religious Bodies’ Views of Themselves and Their Role 3 Future Issues Facing Law on Organised Religion and the State 3.1 Incorporating ‘New’ Faiths – Particularly Islam – Into ‘State-Church Law’ 3.2 The Europeanisation of the German Legal Order 3.3 ‘Practical Concordance’ and the Weighing of Legal Interests: Ongoing Tasks for German Law References Chapter 5: Human Rights and State Funding for Religions in Belgium: On the Road to the Dutch Model? 1 Introduction 2 Church and State in Europe: The Margin of Appreciation 3 The Recognition of Religions and Worldviews in Belgium: Legal Framework and State of the Art 4 The Belgian Policy of State Support for Religions: Main Arguments 5 The Belgian Policy of State Support for Religions: Freedom of Religion, Equality and Non-discrimination and Protection of Minority Rights 5.1 Freedom of Religion: Active and Passive 5.2 Freedom of Religion and the Separation of Church and State 5.3 Equality, Non-discrimination and Minority Rights 5.4 Will an Evolution of the Belgian System Be Sufficient? 6 Church and State in the Netherlands: From Active State Support to Hands-off 7 Freedom of Religion in the Netherlands: Indirect State Support 7.1 Religious and Humanist Education 7.2 Religious and Spiritual Care in Penitentiary Institutions 8 State Support for Religion: A Perspective of Human Dignity 9 State Support for Religions in Belgium: On the Road to the Dutch Model? References Chapter 6: Two Authorities and One Man – A Philosophical-Theological Reflection in the Context of Poland 1 Man as a Religious, Legal and Communal Being 2 A Brief History of the Origins of Law 3 Coexistence of Ecclesiastical and Secular Authority 4 The Origins of Authority 5 The Constitutions of Poland 5.1 The Constitution of 3 May 1791 5.2 The Constitution of the Republic of Poland of 17 March 1921 5.3 The Constitution of the Polish People’s Republic of 22 July 1952 5.4 The Constitution of the Republic of Poland of 2 April 1997 6 Two Laws, Two Authorities and One Man 7 Symbiosis of Law, Religion, Nature and Reason 8 The Place of Man in the Church and in a Secular State References Chapter 7: Tenacious and Elusive: Religion-State Ties in the Greek Educational Domain 1 Introduction 2 Overview of the Deep Impact of the ECtHR on Religion-State Relations in Greece 3 Papageorgiou: The Exceptional Case? 4 Papageorgiou in Broader Context 5 Religious Education in Broader Context 6 Conclusion: The ECtHR in Broader European Political Context References Chapter 8: State-Religion Separation Among Muslims in Turkey: Theory and Empirical Findings 1 Introduction 2 State-Religion Separation 3 The Turkish Context 4 Traditional Religion Contradicts SRS: Theological Considerations 5 Traditional Religion Contradicts SRS: Empirical Observations 6 Religion Contradicts SRS: Biased Applications Among Juries and Politicians 7 Traditional Religion Contradicts SRS: Psychological Explanations 8 Discussion and Conclusion References Chapter 9: Understanding of Turkish Secularism in Terms of Freedom of Religion: Example of Compulsory Religious Education in Schools 1 Introduction 2 Secularism in Turkey: Its Developmental Process and Fundamental Characteristics 3 Compulsory Religious Education in Turkish Schools: Historical Background 4 Court Decisions Concerning Compulsory Religious Course and Objections Leveled Against Them 5 Discussion 6 Conclusion References Chapter 10: The Role of Human Rights Education in Moving Towards a State-Rights-Religion Relationship in Place-Space-Time. A Study in the Netherlands and South Africa 1 Introduction 2 Secularism and Post-secularism in Democratic States 3 Secularism and Human Rights in Place-Space-Time 4 State, Religion and Human Rights Education and Literacies 5 Conclusion: Multiple State-Rights-Religion Relationships in Place-Space-Time References Chapter 11: Democratic and Inclusive Religious Education in the Secular State – The Case of Sweden 1 Introduction 2 Religious Education, Democratic Values and Citizenship Education 3 Social and Cultural Literacy: Migrants Arriving in Sweden 4 Making Space for Religious Literacy 5 General and Contextualized Conceptions of Religious Literacy 6 Religious Literacy in Civic Orientation Courses 7 Democratic Religious Education 8 Conclusion: Democratic Religious Education in a Changing World References Chapter 12: Human Rights and Religion-State Relations, with Reference to Migration in the Mexico-United States Region 1 Human Rights, Religion, and State 1.1 Three Intersecting Tenets 1.2 Issues and Cooperation 1.3 Politics 1.4 Voting Rights 2 Migration Issues 2.1 Racism 2.2 US Legal and Political 2.3 Corruption and Anti-migration Attitudes 3 The US-Mexico Border Region 4 Conclusions and Suggestions References Chapter 13: The Right to Life and Cybersecurity in Poland: A Challenging Field for State-Religion Relations 1 Introduction 2 Why Religious Freedom Matters in Cyberspace? 3 Framing the Access to Abortion in Poland 4 Conclusion References Legal Sources Chapter 14: Human Rights and the Separation Between State and Religion in Africa: The Case of Ghana 1 Background of the Study 2 UN Universal Declaration of Human Rights 2.1 Human Rights of LGBTQI+ 2.2 Faith Healing or Healing Prayer Camps 2.3 Islam and Human Right Abuses 2.4 Traditional Religion and Human Right Abuses: The Case of Trokosi 3 The State-Religion Separation and the Adherence to Human Rights in the Country 4 Conclusion and Recommendation References Index