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A Constituição Brasileira traz que as escolas públicas de ensino fundamental devem prever o Ensino Religioso (ER) como componente curricular, mas cuida também de que a matrícula na disciplina se dê de forma facultativa. A oferta do ER não tem um entendimento uníssono. Para alguns a obrigatoriedade do Ensino Religioso nas escolas públicas e a utilização de professores de qualquer pertença religiosa é inconveniente e transforma o espaço escolar público em um mero espaço de catequese e proselitismo religioso, utilizado por católicos ou por qualquer outra confissão considerada influente. E a consequência da obrigatoriedade é um prejuízo aos alunos de visão ateísta, agnóstica ou de qualquer outra denominação religiosa com menor poder na esfera sócio-política e ao princípio constitucional da laicidade. O presente trabalho tem como objetivo analisar os possíveis efeitos jurídicos do julgamento da constitucionalidade do Ensino Religioso nas escolas públicas brasileiras por parte do Supremo Tribunal Federal e diante da controvérsia da temática estudaremos do nascedouro até os dias atuais, verificando se o modelo aplicado no Brasil tem ou não o condão de doutrinar, catequisar ou servir como forma de dominação, ou se o ensino é oferecimento com base nos princípios da ética e da moral, que podem e devem estar constantes em todas e quaisquer religiões, no respeito ao direito legítimo do indivíduo a ter acesso ao ensino do religioso e da ética. / The Brazilian Constitution says that Religious Education (RE) should be a curricular component in the public basic education schools, but it also points out that the enrollment should be optional. The offering of RE is not understood in a unified way. To some, the obligation to offer RE in public schools and the fact that professors of any religious background can teach this discipline is inconvenient and transforms the public school space into a mere space of religious catechism and proselytism, used by Catholics or by any influential religious confession. And the consequence of it being mandatory is a loss for students with atheist, agnostic perspectives or perspectives of any religious denomination with less power in the social-political sphere, and to the constitutional principle of secularism. The present paper has the objective of analyzing the possible legal effects of the judgement of the constitutionality of Religious Education in Brazilian public schools by the Federal Supreme Court, and facing the controversy of the theme, we will study [Religious Education] from its beginning until today, verifying if the way it is implemented in Brazil has or does not have the power to indoctrinate, catechise or serve as a form of domination, or if the teaching is given based on ethical and moral principles, that can and should be part of all and any religion, in respect to the legitimate right of the individual to have access to the teaching of religion and of ethics.

Based on a review of the academic literature, evangelical public theology often lacks a systematic, theologically grounded social ethic concerning religious liberty. The resulting impasse is one where religious liberty lacks distinctly evangelical contours. Modern and contemporary religious liberty discussions have been ceded, almost exclusively, to political and legal philosophy. At the same time, religious liberty is a foundational principle for evangelical public theology because it addresses issues of how evangelicals enter the public square as a religious people. Additionally, a doctrine of religious liberty is vital for establishing the relationship between the church and state in society. Theological warrant is needed to establish a doctrine of religious liberty on evangelical grounds, and, correspondingly, the lack of consensus or framework around religious liberty jeopardizes the possibility of developing a truly evangelical understanding of religious liberty for public theology. This dissertation seeks to remedy this gap in evangelical public theology and social ethics by grounding religious liberty in the biblical categories of eschatology, anthropology, and soteriology. Chapter one examines the literature surrounding evangelical proposals around religious liberty. Chapters 2 through 4 offer a constructive proposal for religious liberty oriented around the themes of the kingdom of God (eschatology), the image of God (anthropology), and the mission of God (soteriology). Chapter 5 concludes by offering concern that secular ideologies lack sufficient explanatory power to extend a principled account of religious liberty.

M.A. (History) / Please refer to full text to view abstract

Doctor Legum - LLD / Within the context of South Africa‘s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights. The universality and indivisibility of human rights are challenged by this diversity and consequently implies that standards, concepts and structures for implementation have to be reconsidered. International and national standards are being (re)interpreted and attention is not only focused on the contents of the norms but on the limitations imposed thereupon. The debate on whether limits should be set in permitting or accommodating cultural or religious pluralism is becoming extremely relevant. The manner in which these questions are responded to is even more prominent in the light of our history of apartheid which has disregarded respect for religious and cultural diversity. In the scope of this research emphasis will be placed on the right to freedom of religion and in particular the limitation of the right to religion in an attempt to balance conflicting rights and accommodates religious diversity. The right to freedom of religion albeit constitutionally entrenched is subject to reasonable and justifiable limitations. However, no clear guidelines have been formulated on the criteria for limiting the right to freedom of religion. The main aim of this research is to find guiding criteria to facilitate the imposition of limitations on the right to freedom of religion. The limitations of the right to freedom of religion are interrelated with the following research questions: Firstly, the definition afforded to the right to freedom of religion in accordance with national and international standards; secondly, the relationship between culture and religion and any interconnection that exists between these rights. This is followed by the influence of the particular value framework or normative commitments f the judiciary on the interpretation of the right to religion, as well as the relationship between the state and religion. The above issues will be researched both on a national and an international level. The aim is to conduct research that will build on an appreciation of the guidelines that should be employed in ensuring the protection of the right to freedom of religion. To this end comparisons will be drawn with other legal systems, which on the one hand acknowledge the protection of the right to freedom of religion and on the other hand have to find ways in which the right can be balanced in the event of conflict. It is envisaged that the research of the criteria imposed on the limitation of the right to religion both on a national and an international level will assist in suggesting criteria that will influence scholarly debate on the topic. In addition that this debate will allow for the formulation of a transformative approach within the South African context that sanctions the celebration of diversity in all its aspects and in particular the right to freedom of religion. / South Africa

The purpose of this study was to explore the impact of the Civil rights Restoration Act of 1987 on America's Protestant institutions of higher education and to examine whether the new law, without the expanded religious exemption, is perceived by the presidents of these institutions as inpinging upon the religious liberty guaranteed under the First Amendment.

This thesis seeks to explore the points of dissonance and resonance around the understanding and deployment of the term 'religion' between Human Rights Watch, and the government of the People's Republic of China. In doing this, it is highlighted that a fundamental disjunction exists in the meaning of, and the boundaries of, the word 'religion' between these two groups. The space that this difference creates makes discussions on religion and religious freedom between these two groups extremely problematic, primarily because Human Rights Watch seeks to protect the right to religious freedom of groups and individuals that the Chinese government does not consider ‘religion’, but that Human Rights Watch demands they should. This thesis addresses the question of the role of social and cultural relativism in the defining, and the subsequent role in defending, of the term and contents of 'religion'.

This thesis analyses religious discrimination in employment, using an applied comparison of the law in the UK, France and Germany. To this end, the thesis first explores national church-state relations, establishing potential links to religious discrimination at work. The investigation then moves on to the standards set by the Council of Europe and the European Union, against which the law in the UK, France and Germany will be measured against. The final chapter brings together the findings in an overall comparison of the national law, with particular emphasis on the role of church-state relations and impact on religious minorities. The original contribution of this thesis to knowledge lies in the assessment of the topic in the context of three jurisdictions, its interconnectedness with the ECHR and EU frameworks, using the framework of church-state relations. The thesis reveals and explains similarities and differences between the law in the three jurisdictions, as well as the effects on employees practising their religion and underlying attitudes that formed the law. After identifying substantive neutrality as a promising characteristic of church-state models, it was set as a benchmark for assessment throughout the thesis. Themes emerging from the research reflect significant differences regarding religious discrimination in employment in the UK, France and Germany. Particularly striking is the arguably deliberate targeting of, and clearly detrimental impact on religious minorities by means of indirectly discriminating law in France and Germany, as well as some directly discriminating provisions that were enacted in the course of the German ‘headscarf debate’. It is suggested, accordingly, that stereotypical assumptions about ‘otherness’ have influenced legislation, as well as case law, using church-state relations to underscore the decisive arguments. Due to its largely hypothetical nature, the assessment of the domestic laws’ compatibility with European international and supranational legal frameworks result in a number of cautious predictions. Widespread compliance appears fairly likely in relation to the law in the UK, whereas French and German law can be challenged in several regards. Finally, this research contributes proposals aiming at effective solutions for a variety of religious discrimination scenarios pertinent in the UK, French and German work environments.

The author has tried to show in this study the broad applications laid down by the Supreme Court in its decisions dealing with Jehovah's Witnesses. The tolerance used by the Supreme Court in working out the immense problems created by this sect at such a critical period, shows how tolerance builds strength rather than lessens it.

The Swedish society is characterized by both its reputation of being one of the most secularized countries in the world, but also as a country co-existence of different lifestyles and ethnicities. The school submits to the non-confessional agenda and in the subject of religious education all pupils are taught the same content regardless of personal religion. The thesis of this study has been developed out of an interest as a religious teacher student myself on how personal religion is relatable and practicable to the Swedish school. The study is set to explore and analyze how teacher students in religious education reflect upon their personal religion in relation to their upcoming profession. The pros and cons regard being religious in the Swedish school system and how the debate on freedom of religion is constructed. The results presented is based on eight semi structured interviews that have been the key for producing data by which to research the mentioned proposition. Two theories are used for the purpose of analyzing the results, socialization theory and the post-colonial theory. Within these theories there are huge possibilities to reflect on personal religion, teacher influence and approaches to knowledge within the cultural geographic discourse in Sweden. The results show that personal religion is a complex discourse. Many of the informants mention a fear of being accused of acting confessional or targeted as a less competent and rational teacher when confessing religious belonging. The way the students talk about religion in relation to the school suggests that the secular norm has a huge impact on both teachers and pupils. The secular norm counts as a reflection of the Swedish society and is therefore also viewed as a neutral point of view. When objectivity comes into mention it’s often related to both rationality, true knowledge and with a non-religious co-existence. Therefore, the negative effects of religious teachers, such as influence and subjectivity, are focused on more than the assets. While some argue that the school as an employer in a utopia rather would have only non-religiose teachers the majority of the interviewed students still claims the freedom of religion should be applied at all time, and especially in school. According to the students the freedom of religion is crucial for the democratic values and the vast understanding of others, but they also claim that the school as a whole needs to work more actively with the subject.