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Freedom of Religion, Minorities, and the Law, 1st Edition

Freedom of Religion, Minorities, and the Law, 1st Edition

Author: Samantha Knights
Publisher: Oxford University Press
ISBN: 9780199290628
Published In: February 2007
Format: Hardback , 252 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides a concise legal overview of a complex and highly topical subject
Examines the legal context of principles underlying religious freedom and minority rights, including the Human Rights Act 1998, the EC Equality Directives, and the Equality Act 2006
Includes coverage of recent topical and high-profile cases such as Begum, regarding the wearing of Muslim dress in a state school
Combines detailed analysis with a clear assessment of the practical and procedural issues which practitioners face

Over the past fifty years, England has experienced considerable immigration, and as a result, the population has become increasingly religiously and culturally diverse. This plurality has inevitably raised fundamental questions about the individual and group rights and equality and non-discrimination on the one hand, with tolerance and social cohesion on the other. At a practical level the debates range from the issue of wearing religious clothing in schools to demands for the establishment of additional faith schools, through to requests for employment leave to perform religious rites.

Underpinning the debate is the issue of how the political and legal system should view diversity, and how it should balance the competing interests of the individual or group against those of state or wider society, employer or educational establishment. The demands of religious groups and individuals have for some time been articulated in the public sphere and in the courts. However, the introduction of greater protection for religious minorities in English Law, including the Human Rights Act 1998, the EC Equality Directives, and the Equality Act 2006 have provided important milestones in this area.

This book briefly covers the historical background to issues of religious freedom in England, and analyses the position of religion in the constitution and with regard to the legal framework including the state's obligations under the European Convention on Human Rights. It then deals in more detail with specific areas of legal practice including education, employment, immigration, and public law, examining key case law and analysing current problems. The book combines detailed analysis with a clear assessment of the practical and procedural issues which practitioners face.

Readership: Primary market: civil law, public law, and human rights practitioners, and the judiciary. Secondary market: academics specialising in the areas of equality, discrimination, and human rights, and religious and voluntary organisations.

1: Context and background
2: Legal Framework
3: The Balance of Competing Interests
4: Education
5: Employment
6: Immigration and Asylum
7: Planning, Prisons, and Health and Safety

Samantha Knights, Barrister, Matrix Chambers

"This is an excellent book...It deserves to be read not just by practitioners, but also by academics, students and all those with an interest in what is, without a doubt, one of the most difficult and pressing questions of the age." - Tom Lewis, Nottingham Law Journal, Vol 17 (1)

"'This book provides a useful summary of the law for those wishing to consider the role of freedom of religion in the UK today'. Gay Moon, Head of the Equality Project, JUSTICE"