Religion, Charity and Human Rights

Religion, Charity and Human Rights
Author: Kerry O'Halloran
Publisher:
Total Pages:
Release: 2014-01-01
Genre:
ISBN: 9781306857819

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For the first time in 400 years a number of leading common law nations have, fairly simultaneously, embarked on charity law reform leading to an encoding of key definitional matters in charity legislation. This book provides an analysis of international case law developments on the ever growing range of issues now being generated by clashes between human rights, religion and charity law. Kerry O'Halloran identifies and assesses the agenda of 'moral imperatives', such as abortion and gay marriage that delineate the legal interface and considers their significance for those with and those without religious belief. By assessing jurisdictional differences in the law relating to religion/human rights/charity the author provides a picture of the evolving 'culture wars' that now typify and differentiates societies in western nations including the USA, England and Wales, Ireland, Australia, Canada and New Zealand.

The Church of England - Charity Law and Human Rights

The Church of England - Charity Law and Human Rights
Author: Kerry O'Halloran
Publisher: Springer Science & Business Media
Total Pages: 257
Release: 2014-01-30
Genre: Law
ISBN: 3319043196

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This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative. From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary ‘moral imperatives’ or red line issues that now threaten the coherence of Christian religions in most leading common law nations. Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs. This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law.

Religion, Charity and Human Rights

Religion, Charity and Human Rights
Author: Kerry O'Halloran
Publisher:
Total Pages: 554
Release: 2014-07-03
Genre: Charitable uses, trusts, and foundations
ISBN: 9781316003602

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This comparative analysis of six common law nations identifies and assesses the issues currently challenging judiciary, regulators and religious charities.

Religious Human Rights in Global Perspective

Religious Human Rights in Global Perspective
Author: Van der Vyver, J. D.
Publisher: Martinus Nijhoff Publishers
Total Pages: 722
Release: 1996-02-09
Genre: Political Science
ISBN: 9789041101778

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Media. By James Finn.

Religion and Human Rights

Religion and Human Rights
Author: John Witte
Publisher: OUP USA
Total Pages: 412
Release: 2012
Genre: Political Science
ISBN: 0199733449

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This volume examines the relationship between religion and human rights in seven major religious traditions, as well as key legal concepts, contemporary issues, and relationships among religion, state, and society in the areas of human rights and religious freedom.

Does God Believe in Human Rights?

Does God Believe in Human Rights?
Author: Nazila Ghanea-Hercock
Publisher: Martinus Nijhoff Publishers
Total Pages: 296
Release: 2007
Genre: Political Science
ISBN: 9004152547

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Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a reference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement? In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title. The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.

Religion, Charity and Human Rights

Religion, Charity and Human Rights
Author: Kerry O'Halloran
Publisher: Cambridge University Press
Total Pages: 553
Release: 2014-05-29
Genre: Law
ISBN: 1107020484

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Focussing on the contemporary struggle to achieve a triangulated alignment between religious beliefs, human rights and charity law, this comparative analysis of law and practice in six common law nations identifies and assesses the issues currently challenging judiciary, regulators and religious charities.

The Status of Religion and the Public Benefit in Charity Law

The Status of Religion and the Public Benefit in Charity Law
Author: Barry W. Bussey
Publisher: Anthem Press
Total Pages: 260
Release: 2020-02-29
Genre: Law
ISBN: 1785272683

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'The Status of Religion and the Public Benefit in Charity Law' is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition. In response to growing academic and political pressure to reform charity law – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of religion in a secular society that would deny any space for religious communities outside their houses of worship. In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. It represents a series of concerns about the proper role of the state in relation to the differing beliefs of citizens – some of which will quite rightly manifest in actions to benefit the wider society. This debate, then, naturally engages with broader issues related to secularism, civic engagement and liberal democratic freedoms.

Religion, Beliefs, and International Human Rights

Religion, Beliefs, and International Human Rights
Author: Natan Lerner
Publisher:
Total Pages: 204
Release: 2000
Genre: Philosophy
ISBN:

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"In this volume, an Israeli jurist provides an authoritative distillation and analysis of modern international norms on religious rights and liberties - with particular attention to modern controversies over religious and racial discrimination, genocide and group libel, proselytism and conversion, and religious group rights and their limits."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Legal Responses to Religious Differences

Legal Responses to Religious Differences
Author: Peter William Edge
Publisher: BRILL
Total Pages: 530
Release: 2021-10-25
Genre: Law
ISBN: 900448082X

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Until recently English law has lacked any specific, generally applicable, guarantees of religious rights. Thus, bodies of law have developed in particular areas where religious interests arise but without a common legal frame. The Human Rights Act 1998, however, has brought the guarantees of the European Convention on Human Rights, most specifically the guarantees of religious rights, non-discrimination, and education rights, more fully into English law. As well as showing how one legal system has engaged with international obligations in respect of religious rights, this text provides a valuable source for comparative study of religious interests in national jurisdictions. It explores the particular response of the English legal system when faced with religious difference, and considers the extent to which the Human Rights Act may produce significant legal change. The text is aimed specifically at both the legal and non-legal reader, and concludes with a discussion of how to use English legal sources, and an extensive bibliography.