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Books and articles

Marko J., Lakitsch M., Winter F., Wonisch K. (eds.), 2022. Religious Diversity, State, and Law. National, Transnational and International Challenges. Leiden, Brill-Nijhoff https://brill.com

Globalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe. In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty; the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms; interreligious dialogue and peacebuilding; and, not least, religious education.

   

Al Khanif, 2022. Religious Minorities, Islam and the Law. International Human Rights and Islamic Law in Indonesia. Abingdon, Routledge https://www.routledge.com

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. 

 

 

Silvio Ferrari, Roberta Medda-Windischer, Kerstin Wonisch (eds.) (2021). Religious Minorities in Europe and Beyond: A Critical Appraisal in a Global Perspective, in Religions. Special Issue https://www.mdpi.com

The Special Issue is divided into three parts. The first part provides an analytical framework to elucidate the nexus between the politics of sameness and the politics of difference, with a focus on the European context. By analyzing the alleged dichotomy between the two perspectives, the first part of the Special Issue seeks to determine how, as far as Europe is concerned, both approaches can be combined to foster the protection of religious communities and their members and, ultimately, strengthen social cohesion. The second part of the Special Issue extends the geographical scope of analysis beyond the European context, and focuses on how freedom of religion and the concept of—and the promotion and protection of—rights for religious minorities have been framed and applied in the management and accommodation of religious diversity in national contexts as diverse as Latin America, South Africa, India and Asia. The final part of the Special Issue provides some concluding remarks and ideas for an enhanced realization of religious diversity through a combination of the protection of freedom of religion and the protection of the rights of religious minorities in Europe and beyond.   

 

   

Marco Ventura (ed.), The legal status of old and new religious minorities in the European Union, Granada, Comares 2021 https://www.churchstate.eu

For the second time in its lifetime, the European Consortium for Church and State Research deals with religious minorities in an explicit and systematic manner. The need to return to the same topic a quarter of a century later stems from the historical threefold change that has occurred in Europe in the social reality of minorities, in the actors’ perceptions, discourse and strategies, and in the framing of the very category of religious minorities, in society and the law. Such fundamental change can be looked at from the long period perspective of developments since the XIXth century colonial treaties, or from the recent perspective of social transformations in contemporary Europe. In both perspectives, the category of ‘old and new minorities’ is crucial.

(from the Introductory Remarks by Marco Ventura)

 

  

Daniele Ferrari, Legal Code of Religious Minority Rights. Sources in International and European Law, Abingdon, Routledge, 2021 https://www.routledge.com 

In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities' rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. 

 

Reference texts

Bastian J.-P. – Messner F. (dir.) (2007). Minorités religieuses dans l’éspace européen. Approches sociologiques et juridiques. Strasbourg, PUF

Berend N., Hameau-Masse Y., Nemo-Pekelman C., Tolan J. (eds.) (2017). Religious Minorities in Christian, Jewish and Muslim Law (5th-15th centuries). Brepols, Turnhout

Berry S.E. (2012). A Tale Of Two Instruments: Religious Minorities And The Council Of Europe’s Rights Regime, Netherlands Quarterly of Human Rights, 30, 1,

Bielefeldt H., Ghanea N., Wiener M. (eds.) (2016). Freedom of Religion or Belief. An International Law Commentary. Oxford. Oxford University Press 

Bretscher F. (2020). Protecting the Religious Freedom of New Minorities in International Law.      Abingdon, Routledge 

Chryssides G.D. (2018), Minority Religions in Europe and the Middle East. London, Routledge

Ferrari D. (2019), Il concetto di minoranza religiosa dal diritto internazionale al diritto europeo. Genesi, sviluppo e circolazione. Bologna, Mulino 

Ferrari D. (2022), Religious Minorities and Sexual Diversity: The Holistic Approach, Revue du droit des religions, 13, 207-225

Ferrari S. (2020), Religious Minorities and Legal Pluralism in Europe, in Kerstin von der Decken and Angelika Günzel (eds.), Staat - Religion - Recht: Festschrift für Gerhard Robbers zum 70. Geburtstag, Baden-Baden, Nomos, 353-368

Ferrari S. (2021). The protection and promotion of religious minorities in the EU countries. A perspective from law and religion, in European Consortium for Church and State Research, The legal status of old and new religious minorities in the European Union. Granada, Comares, 19-34

Fokas E. (2018). The Legal Status of Religious Minorities: Exploring the Impact of the European Court of Human Rights, Social Compass, 65, 1, 25-42

Ghanea N. (2012). Are Religious Minorities Really Minorities?, Oxford Journal of Law and Religion, 1,1, 57-79

Gunner G., Slotte P. (2019).  The Rights of Religious Minorities, Geneva, Globethics.net

Gunner G., Slotte P., Kitanovic E. (eds.) (2019). Human Rights, Religious Freedom and Faces of Faith, Geneva, Globethics.net

Henrard K. (2016). The European Court of Human Rights, Ethnic and Religious Minorities and the Two Dimensions of the Right to Equal Treatment: Jurisprudence at Different Speeds? Nordic Journal of Human Rights 157-177

Henrard K. (2009). Minority Specific Rights: A Protection of Religious Minorities Going Beyond Freedom of Religion?,5, European Yearbook on Minority Issues, 62,1

Henrard K. (2011), The ambiguous relationship between religious minorities and fundamental (minority) rights, The Hague, Eleven International Publishing.

Mahmood S. (2015). Religious difference in a secular age. A minority report, Princeton, Princeton Univ. Press 

Triandafyllidou A. – Magazzini T. (eds.) (2020). Routledge Handbook on the Governance of Religious Diversity, Abingdon, Routledge

Van der Ven J. A. (2008). Religious Rights for Minorities in a Policy of Recognition,  Religion and Human Rights, 3, 155-83

 

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