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The Declaration on the Elimination of All Forms of Intolerance and
of Discrimination Based on Religion or Belief, as proclaimed by the
United Nations General Assembly in 1981, is the only universal
human rights instrument specifically focusing on religious
intolerance and discrimination. However, recent years have seen
increasing controversy surrounding this right, in both political
and legal contexts. The European Court of Human Rights has
experienced a vast expansion in the number of cases it has had
brought before it concerning religious freedom, and politically the
boundaries of the right have been much disputed. This book provides
a systematic analysis of the different approaches to religious
rights which exist in public international law. The book explores
how particular institutional perspectives emerge in the context of
these differing approaches. It examines, and challenges, these
institutional perspectives. It identifies new directions for
approaching religious rights through international law by examining
existing legal tools, and assesses their achievements and
shortcomings. It studies religious organisations' support for
international human rights protection, as well as religious
critique of international human rights and the development of an
alternative religious 'Bills of Rights'. It investigates whether
expressions of members belonging to religious minorities can be
considered under the minority right to culture, rather than the
right to religion, and discusses the benefits and shortcomings of
such a route. It analyses the reach and limits of the provisions in
the 1981 Declaration, identifies ways in which the right is being
eroded as a concept, and suggests new ways in which the right can
be reinforced and protected.
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