نوع مقاله: مقاله علمی-پژوهشی

نویسنده

محقق دانشگاه آنتورپ

10.22096/hr.2020.121452.1195

چکیده

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.

کلیدواژه‌ها

عنوان مقاله [English]

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

نویسنده [English]

  • Steven Dewulf

Researcher at University of Antwerp

چکیده [English]

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.

کلیدواژه‌ها [English]

  • human rights
  • Religion
  • Europe’s Human Rights Court
  • Fundamental Freedoms
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