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State Religion Relationships and Human Rights Law. Towards a Right to Religiously Neutral Governance


Author: Jeroen Temperman
Publisher: Martinus Nijhoff Publishers
Publication Place: Leiden
Pages: 384
ISBN: 978 90 04 18148 9
Category: n\a


This book examines the question of how the mode of state and church identification affects the state’s scope for compliance with human rights law. It presents a human rights-based assessment of the various modes of state–religion identification and of the various forms of state practice that surround and characterize these different state–religion models. A close assessment of norms of human rights law substantiates that, although human rights law on the face of it is seemingly neutral to the issue of state–religion identification, legal principles can be extrapolated that have a profound bearing on the question of legitimacy of the possible diverse relationships that may exist between the state and religion. A range of thematic case studies on, among other issues, Establishment of Religion & the ‘Equal Religious Rights of Others’, Religion & Freedom of Expression, Religion & Political Rights, Religion & Educational Rights, Religion & Freedom of Association and Religion & Equal Employment Opportunities, demonstrates that existing regimes of positive state identification with religion are not devoid of forms of institutionalised discrimination and de facto practices of discrimination on grounds of religion or belief (or lack thereof). At the same time, it is observed by the author that in some secular or separationist states the ideals of state secularism and separationism have come to be considered ends in themselves. This has given rise to situations where the principles of secularism and separationism are construed so as to impose illegitimate limits on the activities of religions or illegitimate limits on the individual manifestation of certain beliefs.

Table of contents

1 Introduction;
Part I State–Religion Identification:A Comparative Legal Analysis
2 Religious States, State Religions & State Churches;
3 State Support & State Acknowledgement of Religion;
4 Accommodation of Religions & Non-Identification;
5 Secularism & Separation of State and Religion;
6 Secular State Ideologies & Negative Identification;
Part II State–Religion Identification: A Human Rights Analysis
7 Preliminary Legal Questions Concerning Establishment of Religion and State Atheism;
8 Religious Laws & the State;
9 State Entanglement with Religion & the Equal Religious;
Rights of Others, Freedom of Expression, Freedom of Association and Equal Employment Opportunities;
10 Religion & Education;
11 Religion & Politics;
Part III Conclusion: The Emerging Right to Religiously Neutral Governance
12 Towards Religiously Neutral Governance.