The Protections for Religious Rights: Law and Practice

Author: James Dingemans QC; Can Yeginsu; Tom Cross; Hafsah Masood
Publisher: Oxford University Press
ISBN: 9780199660964
Published In: November 2013
Format: Hardback , 624 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Author

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The first book to comprehensively tackle the legal protections for religious rights
Addresses the key standards and provisions through coverage of a substantial body of domestic and international case law, providing an essential reference for practitioners, academics, and students alike
Provides guidance on practice and procedure as well as substantive law
Includes relevant sections of domestic statutes, constitutional provisions and international instruments, as well as other selected appendix materials

The Protections for Relgious Rights is the first practitioner work to offer a full and systematic treatment of the law as it pertains to religious rights in the UK and abroad. A practrical working aid to a sensitive and important area of increasing litigation and public debate, this text examines the applicable legal instruments, considers the current state of the law, and reviews domestic, comparative, and international case law to provide a comprehensive reference resource that informs on all matters of significance in this area.

The protections for religious righs in the Uk are rooted in international law and the English common law. Religious conflicts have arisen when communitites have perceived that their religious rights have been targeted for suppression, or ignored. Despite international human rights instruments which are intended to protect such rights, many courts have adopted a narrow and restrictive approach towards these aspects.

With practical evaluations of the relevant international instruments which inform domestic law in the UK, the important substantive areas of employment, education, family, and goods and services, are addressed specifically in dedicated chapters. Comparative perspectives are also considered in an extensive chapter offering global treatment of legislation and authorities, drawing on expertise from the United States, Canada, South Africa, Australia, India, Ireland, New Zealand, and Turkey. Other areas where protections for religious rights are engaged are addressed in a final chapter - including coverage of places of worship, criminal law, planning, charitable status, prisons, immigration, and animal rights - making this text a complete resource for all concerned or interested in this area of law. Finally, a conclusion draws together some general observations commenting on recent legal developments and identifying possible future change.

The text includes an appendix of selected materials for easy reference to relevant extracts from international treaties, constitutions and domestic statutes.

Readership: Practitioners, the judiciary, academics, and students who work in the areas of public law, human rights law, employment law, education law, public international law, and commercial law. Religious organisations and the public bodies that contract and deal with them.

1: Introduction
Part I: International Standards and Protections
2: The International Instruments
3: Protections under the ECHR
4: Comparative Perspectives
Part II: Domestic Protections
5: The Human Rights Act 1998
6: The Equality Act 2010
7: Services and Public Functions, Premises, Associations
8: Religion and Employment
9: Religion and Education
10: Religious Expression and Toleration
11: Religion and the Family
12: Protections for Religious Rights in other Areas
13: Conclusion
Appendices (relevant extracts from:)
The Universal Declaration of Human Rights
International Covenant on Civil and Political Rights
The European Convention on Human Rights
The United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
The American Convention on Human Rights
The African Charter on Human and Peoples' Rights
The European Charter on Fundamental Freedoms
Constitutions/Bills of Rights of comparator countries
The Equality Act 2010
Other domestic statutes/constitutional provisions

James Dingemans QC (Silk 2002) is a practising barrister from 3 Hare Court, where he is also Head of Chambers. He has been a Recorder since 2003, and a Deputy High Court Judge since 2010. He is also a Master of the Bench of the Inner Temple.

Can Yeginsu was called to the London Bar in 2007 (Inner Temple) and is a barrister practising from 4 New Square, in the fields of Public Law , Human Rights, Employment and Commercial Dispute Resolution. Can has appeared in cases involving religious rights and continues to advise and publish in this area.

Tom Cross was called to the London Bar in 2007 and is a barrister practising from 11KBW, with practice specialisms in Public Law, Human Rights, Education, and Employment. His writing is published in a wide range of journals covering those and other fields. In 2008-2009 he taught the law on torts at City University, London, and in 2009-2010 he was a Judicial Assistant to the UK Supreme Court in its first year.

Hafsah Masood was called to the bar in 2006 and is a practising barrister from 3 Hare Court with experience in Public Law, Human Rights, Public International Law and Employment. Hafsah has worked at the Law Commission, as a member of the Public Law team, and in 2008-2009 she was Judicial Assistant in the Court of Appeal.