Protecting the Religious Freedom of New Minorities in International Law

Fabienne Bretscher

$273

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Routledge
02 October 2019

Religion: general; Religious freedom & freedom of worship; International human rights law

Series: ICLARS Series on Law and Religion

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC).

New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities.

The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

By: Fabienne Bretscher
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 476g
ISBN: 9780367209124
ISBN 10: 0367209128
Series: ICLARS Series on Law and Religion
Pages: 220
Publication Date: 02 October 2019
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Chapter 1: The protection of new minorities in a pluralist international legal order; Chapter 2: Comparing the standards developed for the protection of the right to freedom of religion by the ECtHR and the HRC; Chapter 3: A typology of the case law regarding new minorities; Chapter 4: A closer look at the reasoning in the case law regarding new minorities; Chapter 5: Pinpointing divergence in the international protection of new minorities’ right to freedom of religion; Chapter 6: Explaining divergence from a new minorities perspective; Chapter 7: Mitigating divergence: a toolbox; Conclusion;

Dr Fabienne Bretscher obtained her PhD from the University of Zurich, where she was a research fellow and teaching assistant at the Institute for International Law and Comparative Constitutional Law. Moreover, she was awarded a scholarship from the Swiss National Science Foundation allowing her to conduct research at the Department of International and European Law of the Erasmus University Rotterdam and the Eurac Institute for Minority Rights in Bolzano.