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Freedom of Religion, Minority Rights and the Law: The Status of Jewish and Muslim Minorities in Europe and Beyond

Freedom of Religion, Minority Rights and the Law: The Status of Jewish and Muslim Minorities in Europe and Beyond

Author: Aleksandra Gliszczyńska-Grabias; Aviad Hacohen
Publisher: Routledge
ISBN: 9781032696911
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book provides an in-depth, scholarly reflection on the challenges that arise in guaranteeing religious freedom and protection of the rights of religious minorities in law and practice. Currently, the protection of religious minorities constitutes one of the foundations of the international human rights protection systems and is provided for in the constitutions of all democratic states. The volume identifies, analyses and assesses the legal status of religious freedom and protection of religious minorities, with special focus on Jewish and Muslim minorities in the European and Israeli legal environments. It compares the discourses on the scope and boundaries of religious freedom with the actual treatment of religious freedom in legal regulations, the case law and in practice by the general society. The book employs the resources of comparative law, national and international law, as well as legal theory. Extensive use is also made of decisions of the international courts, including the European Court of Human Rights and the Court of Justice of the European Union.

The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Law and Religion, International Human Rights Law, Comparative Constitutional Law and Religious Studies.

Foreword

Adv. Meir Linzen (President of the International Association of Jewish Lawyers and Jurists)

Prologue: The Boundaries of Religious Freedom in Democracies

Raphael Cohen-Almagor

Introduction: Religious Freedom and Religious Minorities in Contemporary Europe and Beyond

Aleksandra Gliszczyńska-Grabias and Aviad Hacohen

Part 1: Jewish and Muslim Minorities as Vulnerable Groups under International Human Rights Law

1. The ECtHR, the CJEU and the Protection of Religious Minorities: A Mixed Scorecard

Kristin Henrard

2. Strengthening the Protection of Religious Minorities by Establishing a New Universal Human Rights Treaty: A Necessary or Redundant Effort?

Aleksandra Gliszczyńska-Grabias

3. The Concept of Vulnerability in the Context of Religious Minorities

Grażyna Baranowska

Part 2: Duty of Religious Neutrality and Impartiality

4. Free Speech and Religious Sensitivity: Between Today’s State-Sponsored SLAPPing and Careful Balancing of Competing Interests

Marcin Górski

5. Employers’ Duties to Respect the Religious Freedom of Employees at the Workplace – Recent Developments

Ioanna Tourkochoriti

Part 3: Shechita and Traditional Circumcision Bans

6.Shechita Legal Bans in the Comparative Perspective (Historically and Today)

Iddo Porat

7. Animal Welfare and the Right to Freedom of Religion Before the CJEU: The Case of Stunning and Ritual Slaughter

Gerhard van der Schyff

8. Ritual Male Circumcision and Children’s Rights

Rhona Schuz

Part 4: The Constitutional Boundaries of Religious Accommodation of Jewish and Muslim Minorities: National Perspectives

9. The Constitutional Boundaries of Religious Accommodation: The Israeli Perspective

Aviad Hacohen

10. Jewish and Muslim Claims to Religious Freedom, Participation and Benefits under Article 4 (1) and (2) of the German Basic Law – and their Constitutional Limits

Hans Michael Heinig

11. Recent Developments in Belgian Case Law on the Regulation of Relations between the State and Religions

Stéphanie Wattier

12. Lethargy in the UK: How Not to Accommodate Religion or Belief

Russel Sandberg

13. Laïcité, the legal framework for the exercise of minority religions in France

Francois Finck

Epilogue: The Amicus Curiae Opinion of the International Association of Jewish Lawyers and Jurists for the CJEU Shechita case

Joseph Weiler