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Dealing with this new and controversial area, this is the first comprehensive guide to religious discrimination and hatred legislation. Written by a practising barrister, experienced in all courts and tribunals, this book uses many practical examples covering all forms of religious belief. Exploring part two of the Equality Act and the Racial and Religious Hatred Act, Addison examines the fundamental differences between religion and race which make the operation of these new laws far more problematic than other racial laws. By looking at these new pieces of legislation, together with the existing Human Rights provisions of Article 9 of the European Convention on Human Rights, the 2003 Employment Discrimination Regulations and the 2001 Religiously Aggravated Offences, he is able to draw subtle comparisons and create a holistic overview of religion and the law. Challenging some common but simplistic views on the nature of religion and its accommodation in the law, this book is an essential read for students and professionals interested in human rights law and law and religion.
The first comparative introduction for students on the national laws governing religion in Europe, it examines national laws, particularly as they affect the attitudes of states towards religion, religious freedom and discrimination, and the legal position and autonomy of religious organizations.
How is religion, particularly non-Christianness, conceptualised and represented in English law? What is the relationship between religion, race, ethnicity and culture in these conceptualisations? What might be the socio-political effects of conceptualising religion in particular ways? This book addresses these key questions in two areas of law relating to children. The first case study focuses on child welfare cases and reveals how the boundaries between race and theological notions of religion as belief and practice are blurred. Non-Christians are also often perceived as uncivilized but also, at times, racial otherness can be erased and assimilated. The second examines religion in education and the increasing focus on 'common values'. It demonstrates how non-Christian faith schools are deemed as in need of regulation, while Christian schools are the benchmark of good citizenship. In addition, values discourse and citizenship education provide a means to 'de-racialise' non-Christian children in the ongoing construction of the nation. Central to this analysis is a focus on religion as a socio-political, contingent, fluid and invented concept.
The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.
This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education. This collection considers how contemporary cultural and religious diversity challenges and redefines national, constitutional and legal frameworks and concepts, within the context of education and offers a critical reflection on the extent and meanings given to religious freedom in education across Europe.
The book attempts to answer interesting and difficult questions of Islamic law. A formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application in modern states today. Controversial cases are dealt with and explained from an Islamic point of view with the aim of informing a Western audience of the objectivity and fair process inherent in the Islamic system.
Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

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