Freedom of religion or belief is deeply entrenched in international human rights conventions and constitutional traditions around the world. Article 18 of the Universal Declaration of Human Rights enshrines the right to freedom of thought, conscience, and religion as does the International Covenant on Civil and Political Rights, which the United Nations General Assembly adopted in 1966. A rich jurisprudence on freedom of religion or belief is based on the European Convention on Human Rights, drafted in 1950 by the Council of Europe. Similar regional guarantees exist in the framework of the Organization of American States as well as within the African Union. Freedom of religion or belief has found recognition in numerous national constitutions, and some governments have shown a particularly strong commitment to the international promotion of this right. As Heiner Bielefeldt and Michael Wiener observe, however, freedom of religion or belief remains a source of political conflict, legal controversy, and intellectual debate. In Religious Freedom Under Scrutiny, Bielefeldt and Wiener explore various critiques leveled at this right. For example, does freedom of religion contribute to the spread of Western neoliberal values to the detriment of religious and cultural diversity? Can religious freedom serve as the entry point for antifeminist agendas within the human rights framework? Drawing on their considerable experience in the field, Bielefeldt and Wiener provide a typological overview and analysis of violations around the world that illustrate the underlying principles as well as the relationship between freedom of religion or belief and other human rights. Religious Freedom Under Scrutiny argues that without freedom of religion or belief, human rights cannot fully address our complex needs, yearnings, and vulnerabilities as human beings. Furthermore, ignoring or marginalizing freedom of religion or belief would weaken the plausibility, attractiveness, and legitimacy of the entire system of human rights.

How can religious liberty be guaranteed in societies where religion pervades everyday life? In "The Wheel of Law," Gary Jacobsohn addresses this dilemma by examining the constitutional development of secularism in India within an unprecedented cross-national framework that includes Israel and the United States. He argues that a country's particular constitutional theory and practice must be understood within its social and political context. The experience of India, where religious life is in profound tension with secular democratic commitment, offers a valuable perspective not only on questions of jurisprudence and political theory arising in countries where religion permeates the fabric of society, but also on the broader task of ensuring religious liberty in constitutional polities.

India's social structure is so entwined with religion, Jacobsohn emphasizes, that meaningful social reform presupposes state intervention in the spiritual domain. Hence India's "ameliorative" model of secular constitutionalism, designed to ameliorate the disabling effects of the caste system and other religiously based practices. Jacobsohn contrasts this with the "visionary" secularism of Israel, where the state identifies itself with a particular religion, and with America's "assimilative" secularism.

Constitutional globalization is as much a reality as economic globalization, Jacobsohn concludes, and within this phenomenon the place of religion in liberal democracy is among the most vexing challenges confronting us today. A richly textured account of the Indian experience with secularism, developed in a broad comparative framework, this book is for all those seeking ways to respond to this challenge.

Building on the highly-regarded first edition, this is a comprehensive study of the relationship between law and religion in English law. Against a backdrop of an increasingly religiously and culturally diverse country, it represents a vital legal analysis of fundamental questions regarding individual and group rights, and how the political and legal systems regard and engage with such diversity. Questions about equality, non-discrimination, tolerance, and social cohesion are of great concern both in the public policy, and legal spheres. At a practical level, the debates range from the issue of whether businesses such as shops and hotels can decline to provide services on religious grounds, through clashes between the school curriculum and faith, to requests for employment leave on grounds of religion. Law, Rights, and Religion examines the legal principles underlying religious rights, and the application of issues of faith within the legal system. Framed by the Human Rights Act 1998, the Equality Act 2010, and the EC Equality Directives, it delves into specific areas of legal practice, including education, employment, immigration, family law, criminal law, and terrorism. The author combines detailed analysis with a clear assessment of the practical and procedural issues, making this an important tool in the library of all specialists in the areas of equality, discrimination, and human rights.

Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.

The issue of religious liberty has gained ever-increasing attention among policy makers and the public at large. Whereas politicians have long championed the idea of religious freedom and tolerance, the actual achievement of these goals has been an arduous battle for religious minorities. What motivates political leaders to create laws providing for greater religious liberty? In contrast to scholars who argue that religious liberty results from the spread of secularization and modern ideas, Anthony Gill argues that religious liberty results from interest-based calculations of secular rulers. Using insights from political economists dating back to Adam Smith, Gill develops a theory of the origins of religious liberty based upon the political and economic interests of governing officials. Political leaders are most likely to permit religious freedom when it enhances their own political survival, tax revenue, and the economic welfare of their country. He explores his theory using cases from British America, Latin America, Russia, and the Baltic states.

Survivors of terrible events are often portrayed as unsung heroes or tragic victims but rarely as complex human beings whose lives extend beyond the stories they have told. The contributors to Beyond Testimony and Trauma consider other ways to engage with survivors and their accounts based on valuable insights gained from their work on long-term oral history projects. While the contexts vary widely, they demonstrate that through deep listening, long-term relationship building, and collaborative research design, it is possible to move beyond the problematic aspects of “testimony” to shine a light on the more nuanced lives of survivors of mass violence.

Because of concerns about increasing restrictions on religious rights around the world, Congress passed the International Religious Freedom Act of 1998 (the Act) to strengthen U.S. advocacy of individuals persecuted in foreign countries on account of religion. According to the Act, more than half of the world's population was living under governments that severely restricted or prohibited freedom of religion. This book examines the elements and implementation efforts of the International Religious Freedom Act with a focus on its objectives, scope and methodology.

The presidency of George W. Bush has polarized the church-state debate as never before. The Far Right has been emboldened to use religion to govern, while the Far Left has redoubled its efforts to evict religion from public life entirely. Fewer people on the Right seem to respect the church-state separation, and fewer people on the Left seem to respect religion itself--still less its free exercise in any situation that is not absolutely private. In "The Last Freedom," Joseph Viteritti argues that there is a basic tension between religion and democracy because religion often rejects compromise as a matter of principle while democracy requires compromise to thrive. In this readable, original, and provocative book, Viteritti argues that Americans must guard against debasing politics with either antireligious bigotry or religious zealotry. Drawing on politics, history, and law, he defines a new approach to the church-state question that protects the religious and the secular alike.

Challenging much conventional opinion, Viteritti argues that the courts have failed to adequately protect religious minorities, that the rights of the religious are under greater threat than those of the secular, and that democracy exacts greater compromises and sacrifices from the religious than it does from the secular. He takes up a wide range of controversies, including the pledge of allegiance, school prayer, school vouchers, evolution, abortion, stem-cell research, gay marriage, and religious displays on public property.

A fresh and surprising approach to the church-state question, "The Last Freedom" is squarely aimed at the wide center of the public that is frustrated with the extremes of both the Left and the Right.

In Kashmir's frigid winter a woman leaves her door cracked open, waiting for the return of her only son. Every month in a public park in Srinagar, a child remembers her father as she joins her mother in collective mourning. The activist women who form the Association of the Parents of the Disappeared Persons (APDP) keep public attention focused on the 8,000 to 10,000 Kashmiri men disappeared by the Indian government forces since 1989. Surrounded by Indian troops, international photojournalists, and curious onlookers, the APDP activists cry, lament, and sing while holding photos and files documenting the lives of their disappeared loved ones. In this radical departure from traditionally private rituals of mourning, they create a spectacle of mourning that combats the government's threatening silence about the fates of their sons, husbands, and fathers. Drawn from Ather Zia's ten years of engagement with the APDP as an anthropologist and fellow Kashmiri activist, Resisting Disappearance follows mothers and "half-widows" as they step boldly into courts, military camps, and morgues in search of their disappeared kin. Through an amalgam of ethnography, poetry, and photography, Zia illuminates how dynamics of gender and trauma in Kashmir have been transformed in the face of South Asia's longest-running conflict, providing profound insight into how Kashmiri women and men nurture a politics of resistance while facing increasing military violence under India.

This book explores religious freedom and other human rights conditions in North Korea which remain among the world's most repressive, as the testimony of interviewees reveal here. There continues to be a pressing need on the international level for further, more effective action that addresses the ongoing repression of religious freedom and other human rights in North Korea and the problems of North Korean refugees in China. The international community's understandable focus on nuclear security should also not diminish diplomatic efforts to address human security in North Korea. The findings in this book are pertinent to both bilateral diplomacy and multilateral negotiations on these issues because valuable information is presented about religious freedom conditions in North Korea for the widest possible audience of policymakers, diplomats, journalists, religious leaders, and researchers on religious freedom and related human rights in North Korea. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

This book emphasises the extremely dire situations that many religious minorities suffer in Iraq and the steps the Commission recommends that the U.S. government should take to ensure safe and fair provincial elections and security and safety for all Iraqis. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the "minimum standards for the survival, dignity and well-being of the indigenous peoples of the world." The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.

Ernst-Wolfgang Boeckenfoerde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Boeckenfoerde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Boeckenfoerde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Boeckenfoerde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

The narratives of slaves, wives, and servants who resisted social and domestic violence in the nineteenth century In the early nineteenth century, Peter Wheeler, a slave to Gideon Morehouse in New York, protested, “Master, I won’t stand this,” after Morehouse beat Wheeler’s hands with a whip. Wheeler ran for safety, but Morehouse followed him with a shotgun and fired several times. Wheeler sought help from people in the town, but his eventual escape from slavery was the only way to fully secure his safety. Everyday Crimes tells the story of legally and socially dependent people like Wheeler—free and enslaved African Americans, married white women, and servants—who resisted violence in Massachusetts and New York despite lacking formal protection through the legal system. These “dependents” found ways to fight back against their abusers through various resistance strategies. Individuals made it clear that they wouldn’t stand the abuse. Developing relationships with neighbors and justices of the peace, making their complaints known within their communities, and, occasionally, resorting to violence, were among their tactics. In bearing their scars and telling their stories, these victims of abuse put a human face on the civil rights issues related to legal and social dependency, and claimed the rights of individuals to live without fear of violence.

In a remarkably short period of time, religious freedom has achieved broad consensus as an indispensable condition for peace. Faced with widespread reports of religious persecution, public and private actors around the world have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the cultural and epistemological assumptions underlying this response, and what forms of politics are enabled in the process? The fruits of the three-year Politics of Religious Freedom research project, the contributions to this volume unsettle the assumption - ubiquitous in policy circles - that religious freedom is a singular achievement, an easily understood state of affairs, and that the problem lies in its incomplete accomplishment. Taking a global perspective, the contributors delineate the different conceptions of religious freedom predominant in the world today, as well as their histories and social and political contexts. Together, the contributions make clear that the reasons for persecution are more varied and complex than is widely acknowledged, and that the indiscriminate promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities cited as falling short.

The first comprehensive history of how Jews became citizens in the modern world For all their unquestionable importance, the Holocaust and the founding of the State of Israel now loom so large in modern Jewish history that we have mostly lost sight of the fact that they are only part of-and indeed reactions to-the central event of that history: emancipation. In this book, David Sorkin seeks to reorient Jewish history by offering the first comprehensive account in any language of the process by which Jews became citizens with civil and political rights in the modern world. Ranging from the mid-sixteenth century to the beginning of the twenty-first, Jewish Emancipation tells the ongoing story of how Jews have gained, kept, lost, and recovered rights in Europe, North Africa, the Middle East, the United States, and Israel. Emancipation, Sorkin shows, was not a one-time or linear event that began with the Enlightenment or French Revolution and culminated with Jews' acquisition of rights in Central Europe in 1867-71 or Russia in 1917. Rather, emancipation was and is a complex, multidirectional, and ambiguous process characterized by deflections and reversals, defeats and successes, triumphs and tragedies. For example, American Jews mobilized twice for emancipation: in the nineteenth century for political rights, and in the twentieth for lost civil rights. Similarly, Israel itself has struggled from the start to institute equality among its heterogeneous citizens. By telling the story of this foundational but neglected event, Jewish Emancipation reveals the lost contours of Jewish history over the past half millennium.

Building on the highly-regarded first edition, this is a comprehensive study of the relationship between law and religion in English law. Against a backdrop of an increasingly religiously and culturally diverse country, it represents a vital legal analysis of fundamental questions regarding individual and group rights, and how the political and legal systems regard and engage with such diversity. Questions about equality, non-discrimination, tolerance, and social cohesion are of great concern both in the public policy, and legal spheres. At a practical level, the debates range from the issue of whether businesses such as shops and hotels can decline to provide services on religious grounds, through clashes between the school curriculum and faith, to requests for employment leave on grounds of religion. Law, Rights, and Religion examines the legal principles underlying religious rights, and the application of issues of faith within the legal system. Framed by the Human Rights Act 1998, the Equality Act 2010, and the EC Equality Directives, it delves into specific areas of legal practice, including education, employment, immigration, family law, criminal law, and terrorism. The author combines detailed analysis with a clear assessment of the practical and procedural issues, making this an important tool in the library of all specialists in the areas of equality, discrimination, and human rights.

Religious discrimination is the norm in many countries around the world, and the rate is rising. Nearly every country which discriminates does so unequally, singling out some religious minorities for more discrimination than others. Religious tradition does not explain this complex issue. For example, Muslim majority states include both the most discriminatory and tolerant states in the world, as is also the case with Christian majority states. Religious ideologies, nationalism, regime, culture, security issues, and political issues are also all part of the answer. In The Unfree Exercise of Religion Jonathan Fox examines how we understand concepts like religious discrimination and religious freedom, and why countries discriminate. He makes a study of religious discrimination against 597 religious minorities in 177 countries between 1990 and 2008. While 29 types of discrimination are discussed in this book, the most common include restrictions in places of worship, proselytizing, and religious education.

A second edition of the classic introduction to arts in social movements, fully updated and now including Black Lives Matter, Occupy Wall Street, and new digital and social media forms of cultural resistance The Art of Protest, first published in 2006, was hailed as an "essential" introduction to progressive social movements in the United States and praised for its "fluid writing style" and "well-informed and insightful" contribution (Choice Magazine). Now thoroughly revised and updated, this new edition of T. V. Reed's acclaimed work offers engaging accounts of ten key progressive movements in postwar America, from the African American struggle for civil rights beginning in the 1950s to Occupy Wall Street and Black Lives Matter in the twenty-first century. Reed focuses on the artistic activities of these movements as a lively way to frame progressive social change and its cultural legacies: civil rights freedom songs, the street drama of the Black Panthers, revolutionary murals of the Chicano movement, poetry in women's movements, the American Indian Movement's use of film and video, anti-apartheid rock music, ACT UP's visual art, digital arts in #Occupy, Black Lives Matter rap videos, and more. Through the kaleidoscopic lens of artistic expression, Reed reveals how activism profoundly shapes popular cultural forms. For students and scholars of social change and those seeking to counter reactionary efforts to turn back the clock on social equality and justice, the new edition of The Art of Protest will be both informative and inspiring.

Religious terrorism poses a significant challenge for many countries around the world. Extremists who justify violence in God's name can be found in every religious tradition, and attacks perpetrated by faith-based militants have increased dramatically over the past three decades. Given the reality of religious terrorism today, it would seem counterintuitive that the best weapon against violent religious extremism would be for countries and societies to allow for the free practice of religion; yet this is precisely what this book argues. Weapon of Peace investigates the link between terrorism and the repression of religion, both from a historical perspective and against contemporary developments in the Middle East and elsewhere. Drawing upon a range of different case studies and quantitative data, Saiya makes the case that the suppression and not the expression of religion leads to violence and extremism, and that safeguarding religious freedom is both a moral and strategic imperative.

For millions of Catholic believers, pilgrimage has offered possible answers to the mysteries of sickness, life, and death. The Persistence of the Sacred explores the religious worldviews of Europeans who travelled to Trier and Aachen, two cities in Western Germany, to view the sacred relics in their cathedrals. The Persistence of the Sacred challenges the narrative of widespread secularization in Europe during the long nineteenth century and reveals that religious practices thrived well into the modern period. It shows both that men were more active in their faith than historians have realized and how clergy and pilgrims did not always agree about the meaning of relics. Drawing on private ephemeral and material sources including films, photographs, postcards, correspondence, and souvenirs, Skye Doney uncovers the enduring and diverse sacred worldview of German Catholics and argues that laity and clergy had very different perspectives on the meaning of pilgrimage. Recovering the history of Catholic pilgrimage, The Persistence of the Sacred aims to understand the relationship between relics and religiosity, between modernity and faith, and between humanity and God.

This is the first global examination of the historical relationship between Christianity and human rights in the twentieth century. Leading historians, anthropologists, political theorists, legal scholars, and scholars of religion develop fresh approaches to issues such as human dignity, personalism, religious freedom, the role of ecumenical and transatlantic networks, and the relationship between Christian and liberal rights theories. In doing so they move well beyond the temporal and geographical limits of the existing scholarship, exploring the connection between Christianity and human rights, not only in Europe and the United States, but also in Africa, Latin America, and China. They offer alternative chronologies and bring to light overlooked aspects of this history, including the role of race, gender, decolonization, and interreligious dialogue. Above all, these essays foreground the complicated relationship between global rights discourses - whether Christian, liberal, or otherwise - and the local contexts in which they are developed and implemented.

Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question. It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist. The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it "seeds of freedom," and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large. It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice-not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world. In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.

A critical investigation into the use of psychotropic drugs to pacify and control inmates and other captives in the vast U.S. prison, military, and welfare systems For at least four decades, U.S. prisons and jails have aggressively turned to psychotropic drugs-antidepressants, antipsychotics, sedatives, and tranquilizers-to silence inmates, whether or not they have been diagnosed with mental illnesses. In Silent Cells, Anthony Ryan Hatch demonstrates that the pervasive use of psychotropic drugs has not only defined and enabled mass incarceration but has also become central to other forms of captivity, including foster homes, military and immigrant detention centers, and nursing homes. Silent Cells shows how, in shockingly large numbers, federal, state, and local governments and government-authorized private agencies pacify people with drugs, uncovering patterns of institutional violence that threaten basic human and civil rights. Drawing on publicly available records, Hatch unearths the coercive ways that psychotropics serve to manufacture compliance and docility, practices hidden behind layers of state secrecy, medical complicity, and corporate profiteering. Psychotropics, Hatch shows, are integral to "technocorrectional" policies devised to minimize public costs and increase the private profitability of mass captivity while guaranteeing public safety and national security. This broad indictment of psychotropics is therefore animated by a radical counterfactual question: would incarceration on the scale practiced in the United States even be possible without psychotropics?

How do we define 'religion'? For Native Americans, religious freedom has been an elusive goal. From nineteenth-century bans on indigenous ceremonial practices to twenty-first-century legal battles over sacred lands, peyote use, and hunting practices, the U.S. government has often acted as if Indian traditions were somehow not truly religious and therefore not eligible for the constitutional protections of the First Amendment. In this book, Tisa Wenger shows that cultural notions about what constitutes 'religion' are crucial to public debates over religious freedom.In the 1920s, Pueblo Indian leaders in New Mexico and a sympathetic coalition of non-Indian reformers successfully challenged government and missionary attempts to suppress Indian dances by convincing a skeptical public that these ceremonies counted as religion. This struggle for religious freedom forced the Pueblos to employ Euro-American notions of religion, a conceptual shift with complex consequences within Pueblo life. Long after the dance controversy, Wenger demonstrates, dominant concepts of religion and religious freedom have continued to marginalize indigenous traditions within the United States.