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Does the European Convention on Human Rights guarantee a right to freedom 'from' religion?
| Content Provider | Scilit |
|---|---|
| Author | Schyff, Gerhard Van Der |
| Copyright Year | 2021 |
| Description | The protection of fundamental rights has become a cornerstone of modern-day liberal democracy. Constitutions today often start by enumerating the rights that they seek to affirm and protect before paying attention to questions of institutional design and competence for instance. In guaranteeing rights, the rights are often formulated as protecting a particular freedom 'of', such as the freedom of religion, or the freedom of expression for example.$ ^{2}$ This approach highlights what may be termed rights as 'positive freedom'. The emphasis rests on how the bearer may realize a value and whether their claim to that value may be justifiably limited by the state in a vertical fashion, or by their fellow citizens and others in a horizontal fashion. The First Amendment to the Constitution of the United States of America captures this quite clearly by preventing Congress from making any law that prohibits the 'free exercise' of religion. In other words, the provision's thrust is aimed at protecting the pursuit and manifestation of religion. Book Name: Law, Religion, and Freedom |
| Related Links | https://content.taylorfrancis.com/books/download?dac=C2017-0-54744-1&isbn=9781315149738&format=googlePreviewPdf |
| Ending Page | 140 |
| Page Count | 19 |
| Starting Page | 122 |
| DOI | 10.4324/9781315149738-11 |
| Language | English |
| Publisher | Informa UK Limited |
| Publisher Date | 2021-01-23 |
| Access Restriction | Open |
| Subject Keyword | Book Name: Law, Religion, and Freedom Religion and Religious Studies Religion Fashion Freedom Protecting Constitutions Free Exercise Today Often Approach Highlights Rights Guarantee |
| Content Type | Text |
| Resource Type | Chapter |