Religious Minorities and Human Rights: Bridging International and Domestic Perspectives on the Rights of Persons Belonging to Religious Minorities under English Law

Religious Minorities and Human Rights: Bridging International and Domestic Perspectives on the... This paper considers minorities in English law through the prism of international standards related to both freedom of religion or belief, and minority rights. These two sets of international normative standards are brought together in order to emphasize the fact that persons belonging to religious minorities have access not only to general human rights standards including freedom of religion or belief, but also to minority rights. Combining the implications of these applicable rights, the paper will suggest that `religious minorities' should be (A) taken to include persons belonging to minorities on grounds of both religion or belief; (B) that their religious practice should not only be considered `manifestation' of religion or belief but also the practice of a minority culture; and that (C) states have a duty to protect the survival and continued development of the identity of religious minorities and allow such persons to enjoy their culture. The paper will then move to considering a few recent cases in English law, in order to examine the extent to which these three implications are realized within them. University Lecturer in International Human Rights Law, University of Oxford. The research for this piece was undertaken with financial support from http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

Religious Minorities and Human Rights: Bridging International and Domestic Perspectives on the Rights of Persons Belonging to Religious Minorities under English Law

European Yearbook of Minority Issues Online, Volume 9 (1): 497 – Jan 1, 2012

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Publisher
Brill
Copyright
Copyright 2012 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1570-7865
eISSN
2211-6117
D.O.I.
10.1163/22116117-90000180
Publisher site
See Article on Publisher Site

Abstract

This paper considers minorities in English law through the prism of international standards related to both freedom of religion or belief, and minority rights. These two sets of international normative standards are brought together in order to emphasize the fact that persons belonging to religious minorities have access not only to general human rights standards including freedom of religion or belief, but also to minority rights. Combining the implications of these applicable rights, the paper will suggest that `religious minorities' should be (A) taken to include persons belonging to minorities on grounds of both religion or belief; (B) that their religious practice should not only be considered `manifestation' of religion or belief but also the practice of a minority culture; and that (C) states have a duty to protect the survival and continued development of the identity of religious minorities and allow such persons to enjoy their culture. The paper will then move to considering a few recent cases in English law, in order to examine the extent to which these three implications are realized within them. University Lecturer in International Human Rights Law, University of Oxford. The research for this piece was undertaken with financial support from

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Jan 1, 2012

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