The Journal of Human Rights

Religion and the Implementation of Human Rights in the Context of Anti-Bias

Simone Emmert

Volume 15, Issue 2 , September 2020, , Pages 81-98

http://dx.doi.org/10.22096/hr.2021.532112.1328

Abstract

As Human Rights are supposed to be equal for all human beings leaving any social differences away there must be ways found to educate the population in Human Rights matters. One of ... Read More As Human Rights are supposed to be equal for all human beings leaving any social differences away there must be ways found to educate the population in Human Rights matters. One of the ways for Human Rights education is Religion. Religion is the link between the people of one society that does not care for social and educational differences. There is no need for high education to believe and to confess to a religion. But also in times of insecurity, e.g. wars or catastrophes, people tend to be more religious than in times of peace and are seeking help and moral advice from their religious leaders. By attending religious ceremonies people get informed not only about religious matters but also about political ones as religious institutions are also a place for exchanging knowledge. An important role plays the religious leader as he can have a great influence esp. on the masses with lower education. By using effective methods he can contribute to implementing Human Rights in society. As there are already different methods of intercultural training on Human Rights affairs existing I would like to explain how, in analogy to that, an inter-religious training on Human Rights Affairs, esp. anti-discrimination, could work. The basis is the anti-bias concept which was originally developed in South Africa and which aims at the general removal of discrimination like sexism, racism, north-south-hierarchy, etc. The focus is on the sensibilization of oneself and starting a life-long-learning process of living aware of existing prejudices and developing tolerance in society. The anti-bias concept starts working directly at the mechanism of discrimination and is therefore useful and appropriate for the pedagogical fields which include religious institutions. The religious leader is enabled by this training to work with groups, e.g. children and adults or men and women, and lead those people to their emotional self-experience. Developing on this, non-discriminating conducts for the personal life- and the working situation is produced. Religion that works together with the anti-bias method shows how many chances a society has with less discrimination for all and helps finally to implement Human Rights.

Creating Understandings for Peace, Justice and Human Rights

Linda Briskman

Volume 15, Issue 2 , September 2020, , Pages 125-136

http://dx.doi.org/10.22096/hr.2020.45885

Abstract

Peaceful co-existence is a universal but elusive aspiration. Despite the search for tools to create a peaceful world, conflict remains between nations and within nations. The fostering ... Read More Peaceful co-existence is a universal but elusive aspiration. Despite the search for tools to create a peaceful world, conflict remains between nations and within nations. The fostering of peace is a question to which scholars, religious leaders and politicians put their minds, but despite this attention the paradox remains that there is little evidence that local and global conflict have subsided. Ideally the key to providing solutions can be found in the tenets of the world’s major religions and cultural traditions and in the musing of some of the great philosophy voices of past and modern times. Regrettably these tenets are often absent in education systems where there are limited endeavours to encourage young people to think locally and globally about social justice, peace and human rights. Many of the current ways of imparting knowledge of human rights and peace are limited, with the emphasis on the legal aspect alone and on international instruments such as the Universal Declaration of Human Rights (UDHR). Although the UDHR is an inspiring document given that its creation stemmed from a commitment to all humanity, its uncritical acceptance negates the critiques about western dominance. Arguably, unless humankind can find a way to grapple with the tension between universal and relativist approaches to human rights by acknowledging diversity, the search for peace and social justice will be limited. This paper contemplates the creation of human rights understandings beyond legal constructs to explore how human rights concepts can be invoked through education to reduce ignorance, prejudice, religious intolerance and fear that detracts from the goal of peaceful co-existence. It explores the question of responsibility to ‘the other’, a form of responsibility that is not apparent in the clash of cultures and the conflict between nations. The paper suggests a schema for human rights understandings based on philosophical, political, historical, anthropological, legal and practical approaches to human rights. This includes forging the connection between theory and practice; engaging in critical pedagogy through a process of collaborative dialogue and inquiry; being familiar with the historical origins of human rights and their application; and understanding that concepts of human rights are found in every cultural and religious tradition. In advocating such a schema it draws on examples that present barriers and prospects and in so doing outlines the endeavours that take place in the inter-disciplinary Master of Human Rights program at Curtin University in Australia as a model that may be adaptable to other contexts. The paper concludes by suggesting practical ways in which the schema could be enacted including through a lifetime educational commitment to human rights through historical and philosophical understandings, inter-faith dialogue and cultural exchanges.

Right to Change One’s Religion: Human Rights Norms In Islamic Perspective

Eghbal Ansari

Volume 15, Issue 1 , March 2020, , Pages 195-217

http://dx.doi.org/10.22096/hr.2020.117417.1176

Abstract

Islam claims that it is not a new religion founded by Mohammad (PBUH), but one which reaffirms the core tenets of belief in Oneness of God and individual human accountability in the ... Read More

Limiting Human Rights for Religious Reasons: Rationale and Boundaries, a Perspective from Europe’s Human Rights Court

Steven Dewulf; Didier Pacquée

Volume 14, Issue 2 , October 2019, , Pages 49-58

http://dx.doi.org/10.22096/hr.2020.121452.1195

Abstract

Human rights and religion can very often be seen as reinforcing one another. Therefore, religion plays a primordial role in promoting respect for human rights and fundamental freedoms. ... Read More Human rights and religion can very often be seen as reinforcing one another. Therefore, religion plays a primordial role in promoting respect for human rights and fundamental freedoms. For example, moral imperatives like “do not take any human being's life” or “you shall not steal” can be found in all major religions of the world, and have acted as an inspiration for the fundamental laws made by man. None the less, religious laws can also contradict man-made laws and human rights treaties. Just to take one example, according to the Christian faith it is impossible for a woman to become a priest, while multiple human rights treaties clearly prohibit discrimination between the sexes. It is precisely in such contentious matters that the national State will often intervene, granting preferential treatment to either religious laws or man-made treaties. The State, however, when it does interfere, has to do so in a very careful way, for one fundamental right is the right to religious freedom. The State will therefore frequently have to try to strike a balance between this right and other human rights concerned. One regional convention safeguarding both religious rights like freedom of religion and religious practice, as other fundamental rights, is the European Convention of Human Rights, which we will explore in this paper. States that are members of the Council of Europe and parties to this convention will have to try to find a balance while being watched by an observant European Court of Human Rights. Thus the task of finding a balance between these rights has in Europe ultimately been given to the European Court, and its case-law is especially illuminating on the very relation between these rights. Looking at this jurisprudence will enable us to find out how the relationship between religious rights and other fundamental freedoms is perceived in the European Human Rights system. One essential question that arises, is in what manner and to what extent the Court allows for limitations and exceptions on/to other human rights when it comes to religious matters. For example, can one’s personal freedom be limited in order to preserve someone else’s religious beliefs? Does the European Court deviate from its normal course of action when faced with religious cases? Does such a religious context constitute “special circumstances” that allow for a different treatment, and if so, can this be justified? And on the other hand, what are the ultimate boundaries that other human rights put on religion, religious rights and traditions? Where is the line drawn? The purpose of this study is to explore the case-law of the European Court of Human Rights in search of an answer to this fundamental question. Rather than solely concentrating on the right to freedom of religion of article 9 ECHR, this paper will focus more on those other human rights contained in the Convention when they seem to conflict with the said right to religious freedom, and in a broader scope, with other religious rights, laws and practices. The jurisprudence of the Court, which seems to take a very nuanced position in such matters, will be examined. A study of this case-law will not only be helpful to explore the status of religious rights as compared to other fundamental rights, but may also be a source of inspiration for the international human rights system to promote concord between the different religions. Studying the way in which the European Court handles such cases will also lead us to new ideas on how to implement human rights in different religious cultures, while respecting diversity and religious freedom. In sum, exploring this human rights system will provide answers to the above posed questions, which shall lead us to new ideas on the tremendous important right to be protected in one’s religious freedom.

Towards a Culture of Human Rights: World Religions and National Accountability

Josh Brubaker

Volume 14, Issue 2 , October 2019, , Pages 207-220

http://dx.doi.org/10.22096/hr.2020.121454.1197

Abstract

The recent creation of the Human Rights Council at the United Nations constituted another opportunity for the United States to take positive leadership towards a greater level of human ... Read More The recent creation of the Human Rights Council at the United Nations constituted another opportunity for the United States to take positive leadership towards a greater level of human rights implementation. This opportunity for significant and timely paradigm shift has passed with too little fanfare. The US refusal to run for election to the HRC, while not a crippling blow, does deprive it of the influence of the most powerful nation in the world. The US’ ability and willingness to evade scrutiny of its human rights record is an important symbolic setback for human rights progress. This most recent disappointing performance leaves a leadership vacuum which other less powerful nation-states are unlikely to fill. Are nation-states willing to or capable of generating a shift towards more complete fulfillment of global human rights? If not, what other actors might take a “prime mover” role? Market forces are hugely important and dynamic actors, both globally and locally. Businesses considered as a whole are immensely powerful in the lives of ordinary people and in global scope and influence. However they don’t consistently act for the benefit of human rights at a global level because of their great heterogeneity, their motives, and their origins. Economic institutions that interact directly with global markets are primarily concerned with nation-states development and trade policies. These bodies pressure some nation-states to improve their human rights records. However, the current major bodies depend on nation-states to enforce their rulings or provide their funding. Furthermore their influence is reduced vis-à-vis more powerful nation-states, and their direct interaction with local communities is limited. The help and participation of the international business community is vital, but cannot be relied upon as the catalyst for a paradigm shift in human rights implementation. Religious institutions are uniquely situated to influence human rights implementation because of the function they perform – describing right and wrong conduct, the way things are and the way they should be. The sheer numbers of people in the major world religions gives them potential to influence global human rights. Religions engage in intensely localized action which is crucial for tangible human rights work. They also possess a guiding structure which is necessary to achieve more equitable distribution of rights for all. People are capable of influencing their surroundings, and religious belief structures can help to synchronize their efforts for change in a positive way. It is therefore necessary to describe and analyze how effective religious institutions might be in achieving increased human rights implementation. Significant hurdles include at least current and past violent conflicts between people of different faiths, clashing belief structures, intolerance and extremism within religious groups, and the problem of influencing a diverse group of believers to perform any distinct action as a whole. Unfortunately, religions have historically generated a great deal of human suffering, as well as advances in human rights. One way for religious institutions to influence a shift to greater human rights implementation is in acting as an organized moral restraint for governments. This paper will attempt to identify areas in which the major religions have commonalities which are promising for joint human rights actions. Additionally, it will include a focus on methods which religious groups have used to influence their governments for the purpose of bringing about positive change.

Habermas, Religion and Human Rights

Kevin W. Gray

Volume 14, Issue 1 , June 2019, , Pages 151-170

http://dx.doi.org/10.22096/hr.2019.111229.1150

Abstract

In my paper, I take as a specific example of the relationship between religion and human rights in the work of Jürgen Habermas, asking if there is any possible relationship ... Read More

On the Reconciliation of Human Rights and Cultural Difference

Micheal Freeman

Volume 14, Issue 1 , June 2019, , Pages 171-188

http://dx.doi.org/10.22096/hr.2019.111281.1151

Abstract

Human rights are universal, and therefore seem to be independent of ‘identity’ and ‘difference’. In the Western philosophical and religious traditions they originated ... Read More Human rights are universal, and therefore seem to be independent of ‘identity’ and ‘difference’. In the Western philosophical and religious traditions they originated in the Stoic idea of the moral unity of mankind and the Christian belief in one, unique, universal God, the creator of the Universe and its human inhabitants. According to this view, all human beings had certain fundamental obligations to God, and this entailed obligations to all human beings. Although Christians believe Christianity to be the one true religion, the Christian theory of human rights holds that all human beings have obligations to respect the rights of all other human beings, irrespective of their religious beliefs or cultural identity. The modern conception of human rights, as embodied in UN texts, is a secularised version of this idea: all human beings have all human rights (including the rights to freedom of religion and to participate in the culture of their community) irrespective of their cultural identity. In recent years, however, this conception of human rights has been challenged on the ground that it fails to take account of the moral importance of ‘identity’ and ‘difference’, and consequently constitutes an ideological disguise for the domination of a particular, Western form of moral and political discourse. This challenge has arisen in at least four contexts: 1) the relations between the West and non-Western cultures; 2) minority rights; 3) the rights of indigenous peoples; 4) the rights of women. I shall argue that the concept of human rights can be reconciled with the legitimate claims of ‘difference’, but that this requires some rethinking of the concept. In this way, the challenge of ‘difference’ enriches without undermining the concept of human rights. Nevertheless, there are ‘grey areas’, in which the best way to reconcile universality and difference cannot be determined by theoretical speculation. An irresolvable area of philosophical ‘difference’ cannot be avoided. This should not, however, be considered a serious problem for the idea of human rights.

The International Human Right to Freedom of Religion or Belief: Referring to Foucault to Achieve the Descriptive Moment

Leonard Hammer

Volume 13, Issue 2 , March 2019, , Pages 113-140

http://dx.doi.org/10.22096/hr.2019.105279.1101

Abstract

Recognising the inherent problems associated with the international human right to freedom of religion or belief, this article proposes an alternative approach to the right. One can ... Read More

Human Rights from Ethnocentric Myths to Humanitarian Religions

Mohammad reza Nazari; Reza Parastesh

Volume 05, Issue 2 , October 2010, , Pages 29-38

Abstract

Primitive human being because of the lack of knowledge about phenomena believed in the belief and ritual system with the purpose of keeping his worldly economic life. The priority of ... Read More

Terrorism, Religion and The Challenges Human Rights Face

Sajad Karimi Pashaki; Emran Alizadeh

Volume 04, Issue 2 , October 2009, , Pages 75-92

Abstract

Peaceful life is one of the first wants of human being which are always threatened with war, civil, regional and global conflict, organized crimes, terrorism, etc. Terrorism development ... Read More

Religious Identity, Difference and Human Rights: the Crucial Role of Hermeneutics

Bas de Gaay Fortman; M.A. Mohamed Salih

Volume 03, Issue 2 , October 2008, , Pages 33-50

Abstract

Two fundamental questions tend to dominate religious discursive narratives and their interpretations: What duties and which rights are conferred by God applicable to all humans as the ... Read More

Freedom; Ancient and Modern

Minu Agha’ee Khuzani

Volume 01, Issue 1 , April 2006, , Pages 53-66

Abstract

Modern conceptions of freedom are developed in the new intellectual trends among religious scholars the relations between freedom and concepts such as religion, justice, truth and government ... Read More

Volume 16 (2021-2022)

Volume 15 (2020-2021)

Volume 14 (2019-2020)

Volume 13 (2018-2019)

Volume 12 (2017-2018)

Volume 11 (2016-2017)

Volume 10 (2015-2016)

Volume 09 (2014-2015)

Volume 08 (2013-2014)

Volume 07 (2012-2013)

Volume 06 (2011-2012)

Volume 05 (2010-2011)

Volume 04 (2009-2010)

Volume 03 (2008-2009)

Volume 02 (2007-2008)

Volume 01 (2006-2007)

Keywords = Religion

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