scholarly journals Article 14: The Right to Freedom of Thought, Conscience, and Religion

Author(s):  
Roberta Ruggiero

Abstract‘There would be places of worship and religious texts from a variety of religions in each municipality.’ (Western Europe/Other)

2020 ◽  
pp. 17-35
Author(s):  
Наталия Сергеевна Семенова

На сегодняшний день сформирована солидная правовая база международных обязательств государств по гарантии права на свободу мысли, совести и религии. Соблюдение данных гарантий обеспечивается на международном уровне наличием разработанной системы уставных и договорных контрольных механизмов, в рамках которых государства отчитываются о выполнении своих обязательств. Тем не менее, несмотря на наличие хорошо разработанной международно-правовой системы защиты права на свободу мысли, совести и религии, проблемы реализации данного права, включая преследования и дискриминацию по признаку отношения к религии, остро стоят во многих странах Западной Европы. Причем, проблемы реализации права на свободу совести и вероисповедания возникают, как правило, у последователей Христианства - культурообразующей религии большинства государств Западной Европы. В статье рассмотрены основные проблемы и причины дискриминации христиан в Западной Европе. Приведены примеры практики национальных судов и Европейского суда по правам человека в области дискриминации христиан в западноевропейских государствах. Проанализированы последствия «политики толерантности», продвигаемой странами Западной Европы на международном уровне как основной «ценности» демократического общества, во взаимосвязи с дискриминацией христиан. To date, a solid legal base of the international obligations of states has been formed to guarantee the right to freedom of thought, conscience and religion. Compliance with these guarantees is ensured at the international level by the existence of a developed system of statutory and contractual control mechanisms, within which states report on the fulfillment of their obligations. Nevertheless, despite the existence of a well-developed international legal system for protecting the right to freedom of thought, conscience and religion, the problems of the realization of this right, including persecution and discrimination based on religion, are acute in many countries of Western Europe. Moreover, the problems of the realization of the right to freedom of conscience and religion arise, as a rule, among the followers of Christianity, the culture-forming religion of most states of Western Europe. The article discusses the main problems and causes of discrimination against Christians in Western Europe. It contains examples of the practice of national courts and the European Court of Human Rights in the field of discrimination against Christians in Western European countries are given. The consequences of the «policy of tolerance» promoted by the countries of Western Europe at the international level as the main «value» of a democratic society, in connection with discrimination against Christians, are analyzed.


2020 ◽  
Vol 37 (2) ◽  
pp. 153-169
Author(s):  
Teresa M. Bejan

AbstractThe classical liberal doctrine of free expression asserts the priority of speech as an extension of the freedom of thought. Yet its critics argue that freedom of expression, itself, demands the suppression of the so-called “silencing speech” of racists, sexists, and so on, as a threat to the equal expressive rights of others. This essay argues that the claim to free expression must be distinguished from claims to equal speech. The former asserts an equal right to express one’s thoughts without interference; the latter the right to address others, and to receive a hearing and consideration from them, in turn. I explore the theory of equal speech in light of the ancient Athenian practice of isegoria and argue that the equality demanded is not distributive but relational: an equal speaker’s voice should be counted as “on a par” with others. This ideal better captures critics’ concerns about silencing speech than do their appeals to free expression. Insofar as epistemic and status-harms provide grounds for the suppression and exclusion of some speech and speakers, the ideal of equal speech is more closely connected with the freedom of association than of thought. Noticing this draws attention to the continuing—and potentially problematic—importance of exclusion in constituting effective sites of equal speech today.


2018 ◽  
Vol 14 (01) ◽  
pp. 80-105 ◽  
Author(s):  
Rosie Campbell ◽  
Silvia Erzeel

This contribution to the Special Issue on Gender and Conservatism uses expert and election surveys to explore the extent to which the feminist or traditional gender ideology of parties of the right relates to their economic and liberal/authoritarian ideology. We show that although parties of the left generally espouse more feminist ideologies than parties of the right, there are a significant number of rightist parties in Western Europe that combine laissez-faire economic values with liberal feminist ideals. That said, there is more homogeneity among parties of the populist radical right than rightist parties more generally. We find that despite some variation in their gender ideology, parties of the populist radical right overwhelmingly—with the exception of one party in the Netherlands—continue to adopt traditional or antifeminist gender ideologies. In terms of attracting women voters, we find that rightist parties who adopt a feminist gender ideology are able to attract more women voters than other parties of the right. We detect several examples of center-right parties that include feminist elements in their gender ideologies and are able to win over larger proportions of women voters than rightist parties that fail to adopt feminist positions.


Author(s):  
Frank Cranmer

Abstract The United Kingdom is bound by international obligations to uphold ‘the right to freedom of thought, conscience and religion’ and domestic legislation reflects those obligations. The courts have held that to be protected, a belief must genuine, must not be a mere opinion, must attain a certain level of cogency, seriousness and importance and must be ‘worthy of respect in a democratic society’. How this plays out, however, in areas such as education, children’s rights and employment is highly sensitive to the specific facts of each case – which are often inconsistent, as the article explains. Much of the article examines the decisions of the courts in individual cases. It concludes with a discussion of the possible trajectory of domestic political debate at a time when there have been repeated calls for a ‘British Bill of Rights’ and the Westminster Government is questioning more generally the constitutional role of the judiciary.


Author(s):  
Patrick O’Callaghan ◽  
Bethany Shiner

Abstract This paper examines the right to freedom of thought in the European Convention on Human Rights against the background of technological developments in neuroscience and algorithmic processes. Article 9 echr provides an absolute right to freedom of thought when the integrity of our inner life or forum internum is at stake. In all other cases, where thoughts have been manifested in some way in the forum externum, the right to freedom of thought is treated as a qualified right. While Article 9 echr is a core focus of this paper, we argue that freedom of thought is further supported by Articles 8, 10 and 11 echr. This complex of rights carves out breathing space for the individual’s personal development and therefore supports the enjoyment of freedom of thought in its fullest sense. Charged with ‘maintaining and promoting the ideals and values of a democratic society’ as well as ensuring that individual human rights are given ‘practical and effective protection’, this paper predicts that the ECtHR will make greater use of the right to freedom of thought in the face of the emerging challenges of the Fourth Industrial Revolution.


2015 ◽  
Vol 16 (SE) ◽  
pp. 309-326
Author(s):  
Ehsan Madmalil ◽  
Fereydoun Akbarzadeh

The concept of citizenship is one of the old key concepts in political philosophy that has been reproduced in various forms since the formation of classical political philosophy up to modern times within the theory set forth in this type of theoretical philosophy. So, pre-modern theory, modern theory and postmodern theory can be noted. The concept of citizenship is an idea which governs the right of modern human and was emerged in the Western Europe and is a product of modern politics. Accepting Legal and political rights and duties is raised by citizenship status, its main foundation and the basic idea of the concept. In the contemporary world, citizenship has been interested more than other societies. The question that comes to mind here is that how is the situation of civil rights in the era of theoretical terms in globalization? In response to the question hypothesis is that with globalization, citizenship in its modern form that was enclosed in the geography of the national government has lost its sense and civil rights embodied in the discourses that are outside the reach of state law. This study aimed to investigate the impact of globalization on the civil right and conceptual evolution theoretically, as contemporary theorists have theorized it. Research findings indicate the "global citizenship" as a concept is emerging in the era of globalization as the result of rethinking of citizenship in the modern age. The methodology of study is analysis - descriptive, this means that the concept of civil right is described and then the theoretical changes in the era of globalization will be analyzed.


Author(s):  
Adem Arkadas-Thibert

AbstractIt’s important that the government does not make the process to get the documents too complicated. (Western Europe/Other).


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