This article examines post-9/11 efforts by Western governments to instill respect for human rights among the world’s Muslim populations. The article argues that Western discourses on human rights are best conceptualized as a hegemonic Bourdieusian distinction strategy. In a dynamic strategy of this type, new human rights norms are continually produced and subverted by liberal elites in the West. Because these norms are constantly evolving, Muslim social practices can never “catch up” to them. This produces a perpetual distinction between a (...) progressive liberal Occident and a backwards illiberal Orient, justifying the perpetual hegemony of the former over the latter. In developing its analysis, the article gives special attention to right-wing nationalist movements in Europe and the USA and US foreign policy in the Middle East. These developments are situated in relationship to liberal imperialism in the Colonial era, the Global War on Terrorism, and recent concerns over immigration. (shrink)

The legal protection of religious diversity in plural societies is mainly supported by the human right to freedom of religion and belief, which is widely recognized under the international human rights law. However, interpretations of this law are far from univocal when it comes to managing the situation of persons whose religious beliefs are a minority. The so-called harmonisation practices are techniques to spread the content and exercise of this right. Similarly, the so-called Rights of minorities (as is the case (...) of religious ones) also provide a protection framework, the scope of which has not yet been clearly defined. The current diversity of European societies and their commitment to protect the diversity and minorities lead us to seek a more focused and effective framework of protection, choosing between rights and generic or specific instruments. _Published online_: 11 December 2017. (shrink)

International migration is an important issue for many high‐income countries and is accompanied by opportunities as well as challenges. South Asians are the largest minority ethnic group in the United Kingdom, and this diaspora is reflective of the growing diversity of British society. An empirical study was performed to ascertain the faith‐based values, beliefs, views and attitudes of participants in relation to their perception of issues pertaining to end‐of‐life care. Empirical observations from this study, as well as the extant knowledge‐base (...) from the literature, are used to support and contextualise our reflections against a socio‐legal backdrop. We argue for accommodation of faith‐based values of migrants at end‐of‐life within normative structures of receiving countries. We posit the ethically relevant principles of inclusiveness, integration and embedment, for an innovative bioethical framework as a vehicle for accommodating faith‐based values and needs of migrants at end‐of‐life. These tenets work conjunctively, as well as individually, in respect of individual care, enabling processes and procedures, and ultimately for formulating policy and strategy. (shrink)

In the summer of 2014, the European Court of Human Rights ruled that the French 2010 law banning face-covering clothing in public spaces, the so-called burqa ban, did not violate the right to freedom of religion. Due to the ‘wide margin of appreciation’, the Court deemed the ban proportionate to the French state’s legitimate aim with the ban of preserving the conditions of ‘living together’. The paper analyses and provides an internal criticism of the Court’s justification for this judgement focusing (...) on the aim of living together and the right to freedom of religion. The Court’s justification presupposes that there is a justification for the ban in terms of the aim of living together, this is a legitimate aim and the ban is a proportional means of pursuing this aim. The paper analyses the Court’s justification and argues that it fails to substantiate all three conditions. (shrink)

The approach of the European Court of Human Rights to cases of religiously offensive expression is inconsistent and unsatisfactory. A critical analysis of the Court’s jurisprudence on blasphemy, religious insult and religious hatred identifies three problems with its approach in this field. These are: the embellishment and over-emphasis of freedom of religion, the use of the margin of appreciation and the devaluing of some forms of offensive speech. Nevertheless, it is possible to defend a more coherent approach to the limitation (...) of freedom of expression under the European Convention of Human Rights, designed to protect religious liberty in a narrower category of cases. (shrink)

Human rights theory generally conceptualizes freedom of thought, conscience, religion, and belief as well as freedom of opinion and expression, as offering absolute protection in what is called the forum internum. At a minimum, this is taken to mean the right to maintain thoughts in one’s own mind, whatever they may be and independently of how others may feel about them. However, if we adopt this stance, it seems to imply that there exists an absolute right to hold psychotic delusions. (...) This article takes the position that this conclusion is ethically problematic from the perspective of psychiatric treatment and the rights of persons with psychosis. The article reflects on this particular challenge and sets forth an understanding of freedom in the forum internum that might apply to situations where for various reasons it is not, necessarily accurate to maintain that persons have an absolute right to their own thoughts. For the purpose of proposing such an understanding, the article engages with current debates within human rights theory and political philosophy and analyzes discussions about psychotic delusions and the way in which involuntary treatment is justified. Based on this analysis, this article in turn conceptualizes freedom in the forum internum as ‘negative liberty’, ‘authenticity’, and ‘capability’. This article suggests that when forum internum is redefined as encompassing a right to certain internal capabilities, the right remains meaningful for persons with psychotic delusions as well. (shrink)

For several decades, the international community has criticized Turkey for failing to uphold the human rights and freedoms of its citizens and for not realizing the principles of non-discrimination and equality within its borders. As Turkey’s European Union candidacy proceeds, religious groups such as the Alevis claim to face discrimination and violations of their human rights and freedoms by the Turkish state. The Justice and Development Party debated the Alevis’ problems and structured the Alevi Initiative, which conducted relevant workshops and (...) discussions. Alevi arguments regarding their places of worship and the state’s religious education policy were identified as their main challenges. Alevis argued that the state’s policies on religious education and places of worship discriminated against them and violated their human rights. Through several human rights law cases before domestic and international tribunals, Alevis requested fulfillment, protection, and assurance of their human rights and freedoms. Several court decisions agreed that Alevis’ human rights and freedoms were being violated. However, the challenges and demands of Alevis still persist, as they contend that they have not succeeded in gaining the human rights and freedoms as required in contemporary Turkey under the JDP government. (shrink)

1959 yılında Avrupa Konseyine bağlı olarak kurulan Avrupa İnsan Hakları Mahkemesi, Avrupa İnsan Hakları Sözleşmesi ve diğer protokollerle belirlenmiş temel haklar kapsamında birey, tüzel kişilik ve devletlerarasındaki sorunları çözümleyen yargı merciidir. Tarihsel olarak Avrupa İnsan Hakları Mahkemesi: düşünce, vicdan ve din özgürlüğü kapsamında değerlendirilen çeşitli kararlar almıştır. Mahkeme söz konusu kararlarında ve özellikle nelerin dini simge kapsamında değerlendirilebileceğini laik bir bakış açısıyla tanımlamaktadır. Mahkeme, bir taraftan dini inanca sahip olma hakkını tasdik etmekte, bir taraftan da bu hakkı kamusal alanda inancı (...) beyan etme hakkı olarak nitelemektedir. Çalışma dini simgelere, din ve inanç özgürlüğü temelinde yaklaşan kavramsal tarama modeliyle desenlenmiştir. Bu çalışma özünde alanyazın taraması gibi görülse de alanyazın tarama yönteminden farklı olarak kavramsal tarama, bir kavramın farklı yönlerini değişik bilim ve disiplinlerin çalışma alanları kapsamında incelemektir. Bu çalışmanın amacı, Avrupa İnsan Hakları Mahkemesinin, okullarda bulunan dini simgelere karşı tutumunu belirlemektir. Bu çalışmanın bir sonucu olarak, son yıllarda Avrupa okullarında giderek artan dini simgeciliğe karşı yürütülen yerel ve yasakçı yasal girişimlerin doğası ve kapsamı belirlenmiştir. Bununla birlikte, Avrupa eğitim sistemlerinde dinin yeri ve sosyal sistem içinde “kilise – devlet ilişkisi” bu çalışmanın başka bir sonucudur. Ayrıca çalışma, mahkemelerin kararlarını, dini inanç ve geleneklerin kamusal alanda özgürce beyan edilmesi yönünde şekillendirmeleri gerekliliğini de belirlemektedir. (shrink)