International Center for Law and Religion Studies
J. Reuben Clark Law School
BRIGHAM YOUNG UNIVERSITY
Bulletin August 2010: The date for the Grand Chamber hearing of Bayatyan v. Armenia has been set for 24 November 2010. Time will be 9:15 a.m. Webcasts of Court hearings are available at this link.
May 2010 - Strasbourg and Yerevan
In a press release of 25 May 2010 the European Court of Human Rights has announced that the Grand Chamber panel of ...[more]
June 2010 - Europe
As the 30 June Grand Chamber hearing of "the Italian Crucifix Case" (Lautsi v. Italy) approached, governments and religious leaders across Europe continued to express concerns about the outcome. Cardinal Keith O'Brien, head of the Roman Catholic Church in Scotland has called upon the European Court of Human Rights to "uphold the principles of freedom and ...[more]
June 2010 - Strasbourg
On 15 June 2010, the European Court of Human Rights issued judgment for just satisfaction in the case Fener Rum Patrikliği (the Ecumenical Patriarchate) v. Turkey. The applicant is a Christian Orthodox church in Istanbul representing the Orthodox minority in Turkey. In a judgment of 8 July 2008 the Court held that the Turkish authorities were not entitled to deprive the ...[more]
August 2010 - Moscow and Kyiv
On 3 and 5 August 2010, the Russian translation of Facilitating Freedom of Religion or Belief: A Deskbook was launched in events held in Moscow and Kyiv. This unique collection of articles by leading scholars and experts in the field of religion and law from around the world is designed as a single-volume resource for all who are concerned with facilitating improved global compliance with international standards in freedom of religion or belief (FORB). A focus of the work is the protection of freedom of conscience in the Council of Europe, through the jurisprudence of the European ... [more]
L-R: Tore Lindholm, Cole Durham, Elizabeth Sewell, Roman Lunkin, Anatoly Ptchelintsev
July 2010 - Madrid
The Spanish parliament on Tuesday, 20 July 2010, rejected a proposed general ban of the full Islamic veil for women in public places, by a vote of 183 against and 162 for, with two abstentions. The proposal had been put forward by the Popular Party, which characterized it as a measure in support of women's rights. The ruling ruling Socialist Party opposed the ban, though the government did express support for the notion of banning the wearing of the burqa in government buildings. This proposal will be part of an upcoming bill on ...[more]
July 2010 - Strasbourg
At a joint meeting of the European Commission and the Council of Europe held 7 July 2010 in Strasbourg, Council General Secretary Thorbjørn Jagland and Commission Vice-President Viviane Reding announced the opening of official talks on the European Union's accession to the European Convention of Human Rights (ECHR). The hope is to "move the process forward so that citizens can swiftly benefit from stronger and more coherent fundamental rights protection in ...[more]
29 June 2010 - Strasbourg
In a "case that may prove a flashpoint in the religious history of Europe," the Grand Chamber of the European Court of Human Rights heard the controversial [more]
23 June 2010 - Strasbourg
Rainer Bless
The Parliamentary Assembly of the Council of Europe (PACE) has said that there should be no general prohibition on wearing the burqa and the niqab or other religious clothing, although legal restrictions may be justified "for security purposes, or where the public or professional functions of individuals require their religious neutrality, or that their face can be seen." The unanimously adopted resolution said the veiling of women is often perceived as "a symbol of the subjugation of women to men" but a ...[more]
24 June 2010 - Strasbourg
The European Court of Human Rights has on 24 June 2010 issued its judgment in the case Schalk and Kopf v. Austria. Applicants are Austrian nationals, a same-sex couple. They alleged that the legal impossibility for them to marry in Austria violated their right to ...[more]
23 June 2010 - Strasbourg
Rainer Bless
The Parliamentary Assembly of the Council of Europe (PACE) has said that there should be no general prohibition on wearing the burqa and the niqab or other religious clothing, although legal restrictions may be justified "for security purposes, or where the public or professional functions of individuals require their religious neutrality, or that their face can be seen." The unanimously adopted resolution said the veiling of women is often perceived as "a symbol of the subjugation of women to men” ...[more]
Professor Rik Torfs, member of the Academic Advisory Board of the International Center for Law and Religion Studies, was on 13 June 2010 elected to the Belgian Senate, obtaining 143,603 votes, which is the ninth position of the 40 members elected directly. As reported in the online publication Flanders Today, Professor Torfs, "a professor in church law, who became a celebrity in spite of that," was a "white rabbit" in the election, one chosen for fame ... [more]
June 2010 - Strasbourg
Requests continue for third-party intervention in the European Court of Human Rights Grand Chamber hearing of Lautsi v. Italy, scheduled for 30 June 2010. A proposed intervention of 23 May 2010 by the European Humanist Federation, representing secularist and humanist organizations across Europe, is among those whose requests for intervention have been rejected by the President of the Court. ...[more]
June 2010 - Geneva
The mandate of the United Nations Special Rapporteur for Freedom of Religion or Belief having been extended for another three years, a new Rapporteur was named at the closing meeting of the fourteenth regular session of the United Nations Human Rights Council in Geneva on 18 June 2010. The the German Catholic theologian, philosopher, and historian, Professor Dr. Heiner Bielefeldt, Chair in human rights and human rights policies of the Friedrich-Alexander University Erlangen-Nuremberg, was appointed to replace Pakistani lawyer Asma Jahangir, who has served in the post since 2004. From 2003 to 2009 Bielefeldt was director ... [more]
June 2010 - Geneva
Father Miguel d'Escoto Brockmann, formerly president of the United Nations General Assembly, has been elected by acclamation to the Advisory Committee to the United Nations Human Rights Council. A Roman Catholic priest from Nicaragua, d’Escoto served as foreign minister in Daniel Ortega’s government from 1979 to 1990. D'Escoto fills the vacancy on the Committee from the Group of Latin American and Caribbean States. The appointment occurred over the objections of such organizations as the watchdog group U.N. Watch, who had called upon the United States, the EU, and all other democracies to oppose the appointment.
June 2010 - Strasbourg
The European Court of Human Rights has issued its findings in the case of M.B. and Others v. Turkey, concerning the plight of four Iranian nationals who had converted to Christianity and, fearing ill-treatment or death in Iran, had sought asylum in Turkey. The following summary is taken in part from a press release issued by the Registrar of the Court on 15 June 2010, the date of the judgment: ...[more]
June 2010 - Geneva
The United Nations Human Rights Council (UNHRC) has concluded its fourteenth regular session and released a summary of the meetings. The session, presided over by Ambassador Alex Van Meeuwen of Belgium, was ... [more]
June 2010 - Geneva
Adopted by consensus during the fourteenth regular session of the United Nations Human Rights Council, held 31 May - 18 June in Geneva, was a Resolution (A/HRC/14/L.5/Rev. 1) concerning the Mandate of the United Nations Commission on Human Rights' Special Rapporteur for Freedom of Religion or Belief. An [more]
June 2010 - Strasbourg
Among those seeking to intervene in advance of the 30 June 2010 Grand Chamber hearing in the European Court of Human Rights case Lautsi v. Italy were a number of law-professor signatories to a friend-of-the-court brief sponsored by The Becket Fund for Religious Liberty. In an intervention announced on 24 May 2010 and now rejected by the Court, the initial submission of Written Comments by a 37-member Coalition of Professors of Law representing 11 countries and headed by Notre Dame Professor of Law Paolo ...[more]
June 2010 - Geneva
Jospeh Hepworth
The United Nations Human Rights Council has adopted a resolution sponsored by the Organization of the Islamic Conference (OIC) that creates a watchdog to monitor how religion is portrayed in the media. The resolution allows the Human Rights Council to select a special investigator on religious freedom to "work closely with mass media organizations to ensure that they create and promote an atmosphere of respect and tolerance for religious and cultural ...[more]
June 2010 - Jerusalem
Joseph Hepworth
Tens of thousands of Hasidic Jews took to the streets in Jerusalem to accompany dozens of parents who were on their way to prison for two weeks after refusing to comply with a Supreme Court ruling against ethnic segregation in their children’s school. They protested against what they see as the state’s meddling in their conviction that the religious law of the Torah transcends the ruling of the Israeli Supreme Court.
According to the New York Times, the dispute arose in a state-financed ...[more]
June 2010 - Madrid
The government of Spain has announced a proposed new "religious freedom law" that would both ban the wearing of the Islamic burqa in public places and prohibit religious symbols like crucifixes or statues in state-owned buildings, including schools and hospitals. According to Spanish Minister of Justice Francisco Caamano, "things like the burqa ... are hard to reconcile with human dignity and ...[more]
June 2010 - Strasbourg
The European Court of Human Rights has on 10 June 2010 issued a ruling in the case of Jehovah's Witnesses of Moscow v. Russia. Unanimously finding violations of Article 9, 11, and 6 of the European Convention on Human Rights, the Court found no reason to examine separately the applicant community's complaints of discrimination under Article 14, and rejected all others of the applicants' complaints. At ...[more]
June 2010 - Strasbourg
The European Court of Human Rights has issued judgment in the case of Grzelak v. Poland. In a Fourth Section judgment of 15 June 2010 the Court found by six votes to one a violation of Article 14 (prohibition of discrimination) in conjunction with Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. Unanimously, however, the ...[more]
June 2010 - Strasbourg and Russia
In a press release of 2 June 2010, the Administrative Center of Jehovah's Witnesses in Russia announced its application to the European Court of Human Rights, seeking redress for violations of rights to worship freely. The Court's January 2007 ruling in favor of Jehovah's Witnesses in Kuznetsov and Others v. Russian Federation found that officials in Chelyabinsk obstructed justice and denied freedom of religion when they raided and shut down a lawful Christian meeting of 150 ...[more]
June 2010 - Strasbourg
In a unanimous First-Section judgment, the European Court of Human Rights has on 3 June 2010 issued its ruling in the case of Dimitras and Others v. Greece, consolidating applications lodged with the Court on 16 August 2006, 4 January 2007, 13 July 2007, and 11 January 2008 by three Greek nationals and one U.S. national. Applicants are legal representatives of the NGO the International Helsinki ...[more]
May 2010 - Strasbourg
The European Court of Human Rights has received a number of requests for intervention in the case of Lautsi v. Italy, scheduled for hearing before the Grand Chamber on 30 June 2010.
1. On 12 May 2010 the Court authorized the intervention of the European Centre for Law and Justice (ECLJ), amicus curiae, in support of Italy's position that the presence of the crucifix ...[more]
June 2010 - Strasbourg
The European Court of Human Rights has on 11 May 2010 communicated two "minaret cases" to the government of Switzerland. Four Muslim organizations - Ligue des musulmans de Suisse, L'association culturelle des musulmans de Neuchâtel, Association Genevoise des Musulmans, and the Communauté musulmane de Genève - have made complaint to the Court that the ban on the construction of minarets in Switzerland contravenes the religious freedom and anti-discrimination guarantees of Article 9 and Article 14 of the European Convention of Human Rights. In a ...[more]
May 2010 - Ontario
The Ontario Divisional Court (the "ODC") has issued its ruling in the case of Heintz v. Christian Horizons, a decision on appeal from the Human Rights Tribunal of Ontario (the "HRTO"), and termed a "landmark case of religious freedom." Christian Horizons required all of its employees, including Connie Heintz, to sign a code of moral conduct. One provision of the code banned sexual relationships outside of heterosexual ...[more]
March 2010 - Geneva
The United Nations Human Rights Council has on 25 March 2010 passed by a narrow margin (20-17, with 8 abstentions) a non-binding resolution condemning "defamation of religion." The resolution, proposed by Pakistani representative Zamir Akram on behalf of the Organization of Islamic Conference (OIC), includes a strong condemnation of such activities as Switzerland's recent ban on the construction of ... [more]
May 2010 - Europe, Canada, and Australia
As a bill restricting wearing of the full veil for identification purposes and when receiving public services has been passed in Quebec and similar legislation is awaiting final approval in Belgium, "burqa bills" are being prepared in France, Austria, the Netherlands, and Italy, with public demands for such legislation being heard in Denmark and ...[more]
May 2010 - Europe and Quebec
The lower house of the Belgian parliament, with near unanimity, has on 29 April 2010 passed a bill authorizing a nationwide ban on clothes or veils that do not allow the wearer to be fully identified, including the full-face niqab or burqa. Penalties would include fines and jail sentences of up to a week. The bill is expected easily to pass the upper house of parliament, which officially had two weeks to raise objections. At this point, Belgium ...[more]
May 2010 - London and Strasbourg
The international organization Article 19: Global Campaign for Free Expression, has been granted permission by the European Court of Human Rights to intervene in the case of Yuriy Samodurov and Lyudmila Vasilovskaya v. Russia. In Written ...[more]
May 2010 - Strasbourg
The European Court of Human Rights on 20 May 2010 issued judgment in the case of Cox v. Turkey, which first came before the Court in an application of 28 August 2002 and was communicated to the government of Turkey in February 2008. The case concerned activities of the applicant, Ms Norma Jean Cox of Philadelphia, the United States, during the period of her residence as a student and teacher in Turkey during 1972-1985 and on the ...[more]
May 2010 - Cordoba
Some 200 experts, politicians, and religious leaders, met in Cordoba, Spain, for two days in early May 2010 to discuss Religious Freedom in Democratic Societies. Organized by the Spanish Presidency of the EU and the Alliance of Civilisations, the meeting addressed the topics in four panels: "Religious pluralism in democratic societies", "The role of religious leaders in promoting a culture of peace", "Religious radicalism and extremism", and "Cooperating to promote religious freedom." Participants concluded that governments must show ...[more]
April 2010 - Strasbourg
In a decision rendered on 20 April 2010, the European Court of Human Rights has found the application of M. Jean-Marie Le Pen, president of the French "National Front" party, to be inadmissible. For statements made about Muslims in France in a 2005 interview with Le Monde daily newspaper, Le Pen was fined 10,000 euros for "incitement to discrimination, hatred and violence towards a group of people because of their origin ...[more]
April 2010 - Uzbekistan
Musfig Bayram of the Forum 18 News Service has issued the following report:
"Two Protestant Christians in southern Uzbekistan have been given 15 day jail terms, local sources have told Forum 18 News Service. Azamat Rajapov and Abdusattor Kurbonov were apparently sentenced for unregistered religious activity and began their jail terms on 23 April. No notice was given of the trial and the first the prisoners' families and friends knew was a brief telephone call from one informing them the two were in jail for 15 days. The ...[more]
April 2010 - Moscow
The Prosecutor General's Office of the Russian Federation announced on Wednesday, 22 April 2010, that works by the founder of Scientology, L. Ron Hubbard, will be added to the country's list of extremist literature, and will be banned for "undermining the traditional spiritual values of the citizens of the Russian Federation." Prosecutors in Siberia reported that they intercepted "28 individual titles, ...[more]
March 2010 - Jakarta
Breaking News 19 April 2010: The Court's ruling has upheld the law.
Participating via teleconference from the United States, Director of the International Center for Law and Religion Studies at Brigham Young University, Professor W. Cole Durham, Jr., testified concerning Indonesia's blasphemy law at a session of the Indonesia Constitutional Court ... [more]
April 2010 - Strasbourg
In response to an appeal filed by the government of Italy on 28 January 2010, a panel of five judges of the European Court of Human Rights announced on 2 March that its recently decided case, Lautsi v. Italy, will be examined by the Grand Chamber. On 8 April, the date for the Grand Chamber hearing was announced: Wednesday, 30 June. The Court's controversial ruling of 3 November 2009, banning crucifixes ...[more]
March 2010 - Legon, Ghana
The 16th Annual Conference of the International Society for African Philosophy and Studies (ISPAS) took place in The Great Hall of the University of Ghana in Legon on 17-19 March 2010. The conference, "Culture and Justice in the Contemporary World," was organized in collaboration with the University of Ghana’s Philosophy Department and its Faculty of Law under ... [more]
March 2010 - Geneva
The second Geneva Summit for Human Rights, Tolerance and Democracy was held 8-9 March 2010, "in parallel [with] and to enhance the main annual session of the UN Human Rights Council." Organized by an international coalition of human rights NGOs and co-chaired by Mr. Lech Walesa and Mr. Vaclav Havel, the Summit was planned "to offer dissidents and human rights activists from around the world a global platform and forum to share their personal struggles, their fight for freedom and equality, and their vision for how to bring change." Issues ... [more]
February 2010 - Strasbourg
In a decision of 23 February 2010, the European Court of Human Rights has ruled against Turkey in the case of Ahmet Arslan and Others. The case deals with the 1997 criminal conviction of 127 Turkish citizens, members of the religious order Aczimendi tarikatÿ, who were arrested in October 1996 while, wearing their distinctive religious clothing, they toured the streets of Ankara following a religious ceremony held at the Kocatepe Mosque. They later appeared similarly dressed in ... [more]
November 2009 - Strasbourg
On 3 November 2009 the European Court of Human Rights issued its decision in the case of Lautsi v. Italy, ruling that the display of crucifixes in Italian public schools violates Article 2 of Protocol 1 (right to education) and Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. Rejecting the assertions of the Italian government that the crucifix is a national symbol with cultural and historical significance expressing identity, tolerance, and secularism, the court ordered the government to pay a fine of €5000 ($7,300) to applicant Soile Lautsi, mother of two children whom she claimed were affronted by the display of crucifixes in the public school they attended. Church representatives and government officials were angered and confused by the "extraordinarily wide" ruling, which could have the effect of forcing review of displays of religious symbols in government-run schools across Europe. For more information, please consult the links below.
ECtHR Press Release | News Report | Chamber Judgment (in French)
The Crucifix of San Damiano
November 2009 - Strasbourg
In a chamber judgment of 6 October 2009, the European Court of Human Rights issued a controversial decision on conscientious objection in the case Bayatyan v. Armenia. Commenting on the decision in a 19 November 2009 report of Forum 18 News Service, Derek Brett of Conscience and Peace Tax International asserts that the Court, "apparently unaware of the ... [more]
October 2009 - New York City
As part of the 2 October 2009 Press Release under the title "Human Rights Council Adopts Six Resolutions and One Decision on Discrimination against Women and Freedom of Expression, among Others," under the Agenda Item "On the Promotion and Protection of All Human Rights," the United Nations Human Rights Council announced that, in a resolution on freedom of opinion and expression (A/HRC/12/L.14/Rev.1) introduced by Egypt and the United States, it adopted without a vote the reaffirmation of the ...[more]
October 2009 - Frankfurt am Main
The International Congress of the Chamber of Lawyers met in Frankfurt am Main, Germany, during 29-31 October 2009 in a conference hosted by Legal-Profession.org, An Initiative of the Chamber of Lawyers Frankfurt am Main to serve Legal Professionals around the Globe, to discuss the impact of world religions on the legal systems of the nations. Believing that existing written law and judicial practice are both influenced by underlying faith systems and prone to superimpositions by religious traditions, ... [more]
August 2009 - Indonesia
During 9-15 August 2009, ICLRS had the opportunity of joining with two Indonesian organizations, the Indonesian Legal Aid Foundation and the TIFA Foundation, and the Oslo Coalition for Freedom of Religion or Belief in providing a Training Course for Lawyers on Freedom of Religion or Belief that was held near Jakarta, Indonesia. ICLRS Director Cole Durham served as one of the trainers along with ICLRS Board Member Tore Lindholm, who attended on behalf of the Oslo Coalition. Professors Durham and Lindholm joined Indonesian experts ... [more]
July 2009 - Vienna
Professor W. Cole Durham, Jr., Director of the International Center for Law and Religion Studies, Brigham Young University Law School, was one of the principal theme introducers at the Supplementary Human Dimension Meeting on Freedom of Religion or Belief organized by the Organization for Security and Cooperation in Europe (OSCE) held in Vienna, Austria on 9-10 July 2009. Virtually all of the member states of the OSCE ("Vancouver to Vladivostok moving east") were represented at the event. Professor Durham's address ... [more]
May 2009 - Budapest
In conjunction with Central European University, the International Center for Law and Religion Studies (ICLRS) sponsored a conference entitled “Religious Autonomy” held 29-30 May 2009 in Budapest, Hungary. Conference topics focused on theological and jurisprudential perspectives on religious autonomy. The assembled experts also discussed autonomy issues that are currently under consideration by the European Court of Human Rights, specifically, religious employment and the resolution of religious disputes. Finally, ... [more]
May 2009 - Strasbourg
In a decision issued 12 May 2009, the European Court of Human Rights reiterated that freedom of thought, conscience and religion is one of the foundations of a "democratic society" within the meaning of the Convention. It determined that the actions of the Moldovan authorities in charging, convicting and fining the applicant, a Muslim, for praying inside his home because Islam is not a registered religion constituted an interference which did not correspond to a pressing social need and was therefore not necessary in a democratic ... [more]
March 2009 - Strasbourg
In a decision issued March 19, 2009, the European Court of Human Rights held that, while countries are not required to offer exemption from military service for certain members of religious groups, if it does offer such exemptions, they must apply in a way that does not discriminate between different types of religious organizations. In Lang v. Austria, the court held that an Austrian statute granting legal exemption from military service to members of a recognized religious society, but denying the exemption to members ... [more]
March 2009 - Kazakhstan
Kazakhstan President Nursultan Nazarbaev will not be challenging the ruling of the country's Constitutional Court that a draft religion law was unconstitutional, the Court said. The Court declared the restrictive draft law, titled, "Law on Amendments and Additions to Several Legislative Acts on Questions of Freedom of Conscience and Religious Associations," unconstitutional in a decision announced on February 11, 2009. The president then had up to a month to challenge the decision. However, the Constitutional Court announced on March ... [more]
Photo courtesy of Christopher Herwig/Getty Images
March 2009 - Strasbourg
In a decision issued March 19, 2009, the European Court of Human Rights held that, while countries are not required to offer exemption from military service for certain members of religious groups, if it does offer such exemptions, they must apply in a way that does not discriminate between different types of religious organizations. In Lang v. Austria, the court held that an Austrian statute granting legal exemption from military service to members of a recognized religious society, but denying the exemption to members of a recognized ... [more]
February 2009 - Kathmandu
The "International Conference on the Constitution Making of Nepal" was held 13-15 February 2009, in Budhanilkantha, Kathmandu, Nepal. This conference was convened to discuss the many issues facing Nepal as it seeks to write and adopt a new constitution. Experts from Nepal and other countries met to discuss the principles of federalism, the judiciary, human rights and secularism, and human rights and gender.
Speakers at the Inaugural Session on 13 February included Former Prime Minister Girija Prasad Koirala; C.P. Mainali, ... [more]
Image originally from Flickr,
posted by MShades at http://flickr.com/photos/
23054755@N00/746533461
February 2009 - Kabul
On 15 February 2009, an Afghan appeals court upheld 20-year sentences for two men who helped to publish an Afghan translation of the Quran without including the original Arabic text. In 2007, Ahmed Ghaws Zalmai, a former spokesman for the Attorney General, helped to print 1,000 copies of the translation, and Qari Mushtaq Ahmed, a cleric, signed a letter endorsing the translation. Several clerics condemned the book because of the omission of the original Arabic text, claiming it was a replacement, rather than a translation, of ... [more]
Ahmad Ghaws Zalmai, left, one of six defendants, is seen with Afghan cleric Qari Mushtaq Ahmad, who verified the translation of the Quran is correct, during a trial in Kabul, Afghanistan on Sunday Jan. 11, 2009. (AP Photo/Musadeq Sadeq)
January 2009 - Milan
The International Consortium for Law and Religion Studies (ICLARS) is an "international association of scholars and experts of law and religion" which seeks to “become the reference point and liaison for all who are interested in the international and comparative dimensions of the relations between states and religions." ICLARS works to organize conferences, publish newsletters, and run a website to provide up-to-date information about the Consortium. The First ICLARS Congress was held on January 22-24, 2009, at the University of Milan, Milan, Italy. The Congress addressed "Law and Religion in the 21st Century: Relations Between States and Religious Communities."
Program | ICLARS Website
From the website of the University of Milan, http://www.unimi.it/ENG/ default.htm
January 2009
Two important dates in January recognize the right of religious freedom: January 16th is national Religious Freedom Day and January 11th is Religious Freedom Sunday, a nationwide initiative established by Gateways to Better Education to increase awareness of Religious Freedom Day. January 16th is the anniversary of the passage of the Virginia Statute of Religious Freedom, drafted by Thomas Jefferson and intended to protect the rights of all people to express, or to not express, their religious beliefs free of discrimination based on those ... [more]
