The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights (Routledge Research in Human Rights Law)

This Book Analyses The Right To Religious Freedom Within International Law. Analysing Legal Structures In A Variety Of Both Western And Non-western Jurisdictions, The Book Sets Out A Topography Of The Different Constitutional Structures Of Religion Within The State And Their Compliance With International Human Rights Law. The Book Also Considers The Position Of Women's Religious Freedom Vis A Vis Community Claims Of Religious Freedom. Taking A Rigorous Approach To The Right, Anat Scolnicov Argues That The Interpretation And Application Of Religious Freedom Must Be Understood As A Conflict Between Individual And Group Claims Of Rights, And Argues For An Individualistic Interpretation Of This Right. -- Publisher's Information. Existing Protection Of Religious Freedom In International Law -- Why Is There A Right To Freedom Of Religion? -- The Legal Status Of Religion In The State : Legal Status Of Religion In The State : Religious Freedom Should Be An Individual Right In Preference To A Group Right-- Women And Religious Freedom -- Children, Education, And Religious Freedom -- Religious Freedom As A Right Of Free Speech. Anat Scolnicov. Includes Bibliographical References And Index. This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children's right to religious freedom and of the rights of dissenters within religious groups.