The variety of contradictory approaches to the legal position of ministers of religion in South Africa as are apparent from court findings, theological discourse and church practice are indicative of a lack of clarity, and even confusion, regarding a matter that is of cardinal importance to the orderly functioning of the church as the body of Christ on earth. From this confusion in constitutional law as well as in the church, the topicality - actually, the undeniable necessity - of research into the legal position of ministers of religion has become quite apparent. The topicality of the research is indicated in Chapter 1 by reference to court cases (before and after 1996), theological discourse and church practice. The central research question of the study is formulated as follows: What is the legal position of Reformed ministers in South Africa - a religiously neutral state - considered on the basis of Reformed Church polity and against the background of the church-state context in South Africa after 1996? The central theoretical argument of the study is that the legal position of a minister of religion is a unique kind of relationship (alius generis), a relationship / association / connection / obligation that has to be regulated by the church as a unique community (sui generis) in the world. In South Africa courts should recognise and deem the legal position of Reformed ministers to be an internal church matter that falls outside the sphere of regulation of a religiously neutral state's labour legislation. This recognition should be based on the right of the church to define itself and its offices. In Chapter 2 the current confusion in South Africa regarding the legal position of ministers of religion is investigated further. Various points of view are discussed, for example that ministers are 'employees' of churches (church councils), that a minister's legal position has to be regarded as that of an independent contractor and the point of view that ministers are connected to the church by a unique relationship. The way in which the legal position of ministers of the Gospel is regarded in Germany is discussed in Chapter 3. The focus is inter alia on the meaning of religious freedom, neutrality of the state, constitutional provisions regarding the relationship between the state and the church, and the way in which the legal position of ministers of religion is regulated in the light of the German state-church context. The way in which the Reformed Churches in South Africa define and regulate the legal position of Reformed ministers as an internal church matter is investigated in Chapter 4. In this chapter the focus is on the following aspects: the order of the church that applies to the legal position of ministers in terms of Reformed church polity, as expressed in the church order, the meaning of a minister's relationship with the local church as regards his legal position, and the unique nature of a minister's legal position in terms of the relevant provisions of the church ordinances. The findings, recommendations and summary conclusion of the study are given in Chapter 5. The summary conclusion of the study is that an overall impression of the regulation of ministers' positions by the Reformed Churches in South Africa offers the following perspective: the Lord places the church and its ministers in a unique relationship. This relationship must be regulated by means of the church because the church ordinances inherently make provision for the regulation of this unique relationship. Regarded within the broad context of this study, the state may not exercise control over the legal position of ministers of religion because these ministers fulfil a religiously determined command and task. / Thesis (Ph.D. (Church Polity))--North-West University, Potchefstroom Campus, 2006.

Approved for public release, distribution is unlimited / This thesis examines how globalization has affected Vietnam's view and treatment of religious institutions. In a larger context, it argues that the conditions of globalization foster increased liberalism and the latent development of civil society. The implications of globalization on religion in Vietnam are explored through a case study of the Catholic Church in Vietnam from 1975 to 2004. The Catholic Church is examined during two different periods: during autarky from 1975 to the Doi Moi reforms in 1986, and during international interdependence from 1987 to 2004. Isolated from international norms and pressures during its period of autarky, Vietnam suppressed, rigidly controlled, and severely restricted the Catholic Church. As Vietnam entered its present period of global integration and interdependency, Vietnam's view and treatment of the Catholic Church improved: suppression lessened, controls eased, and many restrictions lifted. The thesis concludes that in order to foster religious freedom and build civil society, policy makers should implement policies that engage rather than isolate. Engagement policies tend to increase a country's degree of global interdependency and integration with the world economy and community. As the level of interdependency increases, countries tend to become more subject to international norms and standards. / Captain, United States Air Force

This dissertation deals with the relationship between state and religions as social phenomena and examines it from several perspectives in order to review the meaning of the term "lay state." In the first chapter, it analyses the common history of states and religions, describes the important role of religion in the ancient states and then focuses on the rise of Christianity and its spread in the Roman Empire, its role after the fall of Rome and in the formation of the new social and state structure of Europe. It discusses the fight for supremacy between Popes and Emperors and the fall of the temporal power of the church. It suggests that neither religion, nor states can prevail over each other because of their different nature. The church failed in its attempt to usurp temporal power over states, and so did the totalitarian states of the twentieth century in their aspiration to annihilate religion and to substitute it with their atheistic ideologies. In the next chapter the dissertation examines international documents concerned with the human rights, especially with the freedom of religion. It describes the shift in its perception: initially viewed as a domain the states should not interfere in, is now accepted as a domain that gives rise to several positive obligations that are incumbent on states to...

A liberdade religiosa é o direito fundamental que tutela a crença, o culto e as demais atividades religiosas, dos indivíduos e das organizações religiosas, e consagra neutralidade estatal. A religião deve ser entendida em termos amplíssimos. Abrange toda atividade ligada ao sobrenatural. A religião não se confunde com ideologia, filosofia, sociologia. O Estado neutro não pode se posicionar a respeito do acerto ou desacerto de uma determinada crença religiosa. No entanto, pode controlar a sinceridade. Há três aspectos: individual (indivíduos), coletivo (organizações religiosas) e institucional (Estado). Em relação aos indivíduos, destacam-se o direito de isonomia (tratamento diferenciado), de crença e de privacidade religiosa. Em relação às organizações religiosas, destacam-se seus aspectos societários, cíveis, trabalhistas e tributários; a liberdade de culto e de proselitismo. Em seu aspecto institucional, a neutralidade impõe que o Estado não tome partido em favor de nenhuma religião; reconhece um valor positivo geral à religião. Temas analisados: direito penal; abuso de direito; transfusão de sangue; tratamento de saúde diferenciado; sacrifícios de animais; curas espirituais; proselitismo, pregação contrária ao homossexualismo e a crenças afro-brasileiras; rádios comunitárias; desconto e pagamento de dízimos e ofertas; direito urbanístico e de vizinhança; uso de símbolos religiosos por particulares e pelo Estado; ensino e casamento religiosos, entre outros. / Religious freedom is a fundamental right that protects beliefs, worship and other religious activities from individuals and religious organizations and ensures state neutrality. Religion ought to be widely comprehended. It comprehends all sorts of activities related to the supernatural. Religion should not be confused with ideology, philosophy and sociology. A neutral state must not take a stand about the strengths or weaknesses of a certain religious belief. Nonetheless, it can control sincerity. Religious freedom has three aspects: an individual one (regarding individuals), a collective one (regarding religious organizations) and an institutional one (regarding the state). In terms of individuals, the right to isonomy (equal treatment), religious belief and privacy is to be pointed out. In terms of religious organizations, social, civil, tributary and labor aspects are to be pointed out as well as freedom of worship and proselytism. As for the institutional aspect of religious freedom, the neutrality principle prevents the state from taking any stand concerning any religion and generally recognizes religion as something positive. Topics discussed: penal law; abuse of rights; blood transfusion; privileged health treatment; animal sacrifice; spiritual healing; proselytism; preaching against homosexuality and African Brazilian beliefs; community radio stations; withholding tithes and offerings; urban and neighborhood law; use of religious symbols by individuals and the state; religious teaching and weddings, etc.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-06-21T12:34:22Z No. of bitstreams: 1 Marjorie Maria da Silva Nascimento.pdf: 1242540 bytes, checksum: 6734ba3ff61057c1abeba45dad409340 (MD5) / Made available in DSpace on 2018-06-21T12:34:22Z (GMT). No. of bitstreams: 1 Marjorie Maria da Silva Nascimento.pdf: 1242540 bytes, checksum: 6734ba3ff61057c1abeba45dad409340 (MD5) Previous issue date: 2018-04-09 / Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq / The main objective of this research was to analyze whether conscientious objection as a constitutional guarantee can bring effectiveness to the religious freedom of Seventh-day Adventists in the custody of the Sabbath, a sacred day dedicated exclusively to religious worship and spiritual activities. In order to reach this conclusion, it was tried to show the importance of religious freedom, in its aspects, freedom of conscience, freedom of worship, freedom of belief and the excuse of conscience. As a specific objective, the aim was to show the role of the secular State in the concreteness of religious freedom in a democratic country that respects fundamental human rights, especially freedom of belief and worship. The social relevance of research is justified insofar as many Seventh-day Adventists are deprived of their rights, when they cannot participate in public selections and contests, attend classes on Sabbath days, work on that day, since their conscience and their beliefs do not allow these activities to be performed during the holy hours of the Sabbath. The relevance of the research is made by pointing out solutions so that the sacred day of the Adventists takes effect before the difficulties in the Sabbath keeping and, in addition, contribute to the discussion on the subject before the oscillations in the decisions of the courts. For this purpose, bibliographical references of authors versed in this area were used to formulate conclusions and reach the objectives outlined. As a conclusion, it was pointed out that the solution for Adventists to enjoy the right to keep the Sabbath, without depriving themselves of the right to education, to participate in competitions is the granting of alternative services, as sanctioned by art. 5, VII of CF / 88 / O objetivo principal desta pesquisa foi analisar se a escusa de consciência como garantia constitucional consegue trazer efetividade à liberdade religiosa dos adventistas do sétimo dia na guarda do sábado, dia considerado sagrado, dedicado exclusivamente ao culto religioso e atividades espirituais. Para alcançar essa conclusão, procurou-se mostrar a importância da liberdade religiosa, nas suas vertentes, a liberdade de consciência, a liberdade de culto, a liberdade de crença e a escusa de consciência. Como objetivo específico, buscou-se mostrar o papel do Estado laico na concretude da liberdade religiosa num país democrático e que respeita os direitos humanos fundamentais, em especial, a liberdade de crença e de culto. A relevância social da pesquisa se justifica na medida em que muitos adventistas do sétimo dia se veem privados de seus direitos, quando não podem participar de seleções e concursos públicos, assistirem aulas em dias de sábado, trabalharem nesse dia, já que sua consciência e sua crença não permitem exercer essas atividades nas horas sagradas do sábado. A relevância da pesquisa se faz por apontar soluções para que o dia sagrado dos adventistas se efetive diante das dificuldades na guarda do sábado e, além disso, contribuir para a discussão sobre o tema diante das oscilações nas decisões dos tribunais. Utilizou-se, para tanto, referenciais bibliográficos de autores versados nesta área a fim de se formular conclusões e atingir os objetivos traçados. Como conclusão, ressaltou-se que a solução para que os adventistas possam desfrutar do direito à guarda do sábado, sem se privarem do direito à educação, à participação em concursos é a concessão de prestações alternativas, conforme sanciona o art. 5º, VII da CF/88

Desde 1989, a França vem sendo marcada pela aprovação de um conjunto de leis que limitam o uso do véu islâmico, direta ou indiretamente. Recentemente, através da legislação contra a dissimulação da face (nº 1192), aprovada em 11 de outubro de 2010, o uso do véu integral restou impedido nos espaços públicos. Com enfoque nesta última medida, este trabalho vista compreender os argumentos que compõem o debate, a partir da análise dos pareceres e decisões judiciais dos seguintes órgãos: Comissão Nacional Consultiva de Direitos Humanos, Assembleia Nacional, Conselho de Estado e Conselho Constitucional. De um lado, explora-se de que modo os argumentos de direitos humanos contrapõem-se neste caso. Com efeito, se é com base no fundamento de gênero que a lei é justificada nos discursos políticos, os seus opositores reivindicam as liberdades de pensamento, consciência e religião, assim como a liberdade cultural. Assim, o trabalho faz a análise sobre como este embate entre direitos humanos foi sopesado, em concreto, pelas diversas instâncias de poder do país. De outro lado, considerando a relação da França com a diversidade (em especial, aquela derivada da imigração), investiga-se de que forma esta medida está associada às controvérsias sobre a inclusão dos imigrantes e seus descendentes na sociedade francesa. O objetivo deste trabalho, portanto, é estudar o desenvolvimento desta controvérsia, desde os discursos políticos até os fundamentos judiciais, investigando os argumentos que compõem este percurso. E, ao fazê-lo, evidenciar desafios relacionados às sociedades culturalmente diversificadas e à própria legitimidade do discurso de direitos humanos. / Since 1989 France has seen the adoption of a set of laws that limit, either directly or indirectly, the wearing of the Islamic veil. Recently, through legislation against the dissimulation of face (n. 1192), adopted on October 11th 2010, the use of the full veil in public spaces has been forbidden. Focusing on the latter, this work aims to understand the arguments that make up the debate through the analysis of the legal opinions and decisions by the following instances: The National Consultative Commission on Human Rights, The National Assembly, The State Council and the Constitutional Council. On the one hand, the paper examines how human rights allegations are in opposition in this case. Indeed, it is based on gender grounds that this law is justified in political speeches, while its opponents claim the right to freedom of thought, speech and religion, as well as cultural freedom. In this sense, the work presents an analysis of how this struggle between rights has been resolved by the various levels of institutions of power in France. On the other hand, considering Frances stance on diversity (especially that resulting from immigration), it investigates how this measure is related to the controversy over the inclusion of immigrants and their descendants into French society. From these perspectives, the study illustrates that if Muslim women were initially put in the position of the victim in the political debate, ultimately they would be regarded as a threat. In this sense, human rights allegations, which boosted the controversy, were gradually replaced by allegations of public order. An innovative concept is that of immaterial public order, based on the assumption of the denial of reciprocity and ignorance of the minimum requirements of society by Muslim women, which justifies the analyzed legislation.Therefore, the objective of this study is to investigate the development of this controversy from the political discourse up to the legal justifications. In doing so, the challenges facing culturally diversified societies and the legitimacy of human rights discourse are highlighted.

A liberdade religiosa é o direito fundamental que tutela a crença, o culto e as demais atividades religiosas, dos indivíduos e das organizações religiosas, e consagra neutralidade estatal. A religião deve ser entendida em termos amplíssimos. Abrange toda atividade ligada ao sobrenatural. A religião não se confunde com ideologia, filosofia, sociologia. O Estado neutro não pode se posicionar a respeito do acerto ou desacerto de uma determinada crença religiosa. No entanto, pode controlar a sinceridade. Há três aspectos: individual (indivíduos), coletivo (organizações religiosas) e institucional (Estado). Em relação aos indivíduos, destacam-se o direito de isonomia (tratamento diferenciado), de crença e de privacidade religiosa. Em relação às organizações religiosas, destacam-se seus aspectos societários, cíveis, trabalhistas e tributários; a liberdade de culto e de proselitismo. Em seu aspecto institucional, a neutralidade impõe que o Estado não tome partido em favor de nenhuma religião; reconhece um valor positivo geral à religião. Temas analisados: direito penal; abuso de direito; transfusão de sangue; tratamento de saúde diferenciado; sacrifícios de animais; curas espirituais; proselitismo, pregação contrária ao homossexualismo e a crenças afro-brasileiras; rádios comunitárias; desconto e pagamento de dízimos e ofertas; direito urbanístico e de vizinhança; uso de símbolos religiosos por particulares e pelo Estado; ensino e casamento religiosos, entre outros. / Religious freedom is a fundamental right that protects beliefs, worship and other religious activities from individuals and religious organizations and ensures state neutrality. Religion ought to be widely comprehended. It comprehends all sorts of activities related to the supernatural. Religion should not be confused with ideology, philosophy and sociology. A neutral state must not take a stand about the strengths or weaknesses of a certain religious belief. Nonetheless, it can control sincerity. Religious freedom has three aspects: an individual one (regarding individuals), a collective one (regarding religious organizations) and an institutional one (regarding the state). In terms of individuals, the right to isonomy (equal treatment), religious belief and privacy is to be pointed out. In terms of religious organizations, social, civil, tributary and labor aspects are to be pointed out as well as freedom of worship and proselytism. As for the institutional aspect of religious freedom, the neutrality principle prevents the state from taking any stand concerning any religion and generally recognizes religion as something positive. Topics discussed: penal law; abuse of rights; blood transfusion; privileged health treatment; animal sacrifice; spiritual healing; proselytism; preaching against homosexuality and African Brazilian beliefs; community radio stations; withholding tithes and offerings; urban and neighborhood law; use of religious symbols by individuals and the state; religious teaching and weddings, etc.

The interests for academic studies of contemporary Sufism and Sufism in non-Islamic countries have become more popular, but little has been done in Latin America. The studies of Islam in this continent are limited and studies on Sufism in Mexico seem to be an unexplored area. As a student of journalism target religion I see this as an important topic that can generate new information for the study of Sufism. This thesis is therefore aimed to describe the group of Sufis I have chosen to study, Nur Ashki Jerrahi Sufi Order in Mexico, linked to Human Rights in form of how members of the Sufi order perceive Religious Freedom in Mexico. A minor field study was carried out in Colonia Roma, Mexico City during October and November 2014. The place was chosen because this is the place where Nur Ashki Jerrahi Sufi Order exists in Mexico. The investigation is qualitative and based on an ethnographic study of eight weeks and semi structured interviews with three dervishes of the Sufi order, where two of them are men and one is a woman. Based on my purpose I have formulated the following questions: How do members of Nur Ashki Jerrahi Sufi Order in Mexico define Sufism? And how do they describe and practice their religious belief? How do members of Nur Ashki Jerrahi Sufi Order in Mexico express the situation to belong to a religious minority in the country? And how do the members perceive religious freedom in Mexico? The question of my research is therefore: Do members of Nur Ashki Jerrahi Sufi Order in Mexico express that they feel free to practice their religion? And if so, how? The results of the study shows that all the informants express that they feel free to practice their religion as a Sufi. One of the respondents that also belongs to the Conchero tradition, which is a group of the indigenous people of Mexico, says that he has experienced discrimination from both the government and other citizens due to that he belong to the Conchero tradition. Information from the respondents’ shows that Nur Ashki Jerrahi Sufi Order in Mexico is such a small community that people does not consider them. This might be one of the reasons why members of Nur Ashki Jerrahi Sufi Order in Mexico have the freedom to practice their religion. / Minor Field Studies (MFS)

The variety of contradictory approaches to the legal position of ministers of religion in South Africa as are apparent from court findings, theological discourse and church practice are indicative of a lack of clarity, and even confusion, regarding a matter that is of cardinal importance to the orderly functioning of the church as the body of Christ on earth. From this confusion in constitutional law as well as in the church, the topicality - actually, the undeniable necessity - of research into the legal position of ministers of religion has become quite apparent. The topicality of the research is indicated in Chapter 1 by reference to court cases (before and after 1996), theological discourse and church practice. The central research question of the study is formulated as follows: What is the legal position of Reformed ministers in South Africa - a religiously neutral state - considered on the basis of Reformed Church polity and against the background of the church-state context in South Africa after 1996? The central theoretical argument of the study is that the legal position of a minister of religion is a unique kind of relationship (alius generis), a relationship / association / connection / obligation that has to be regulated by the church as a unique community (sui generis) in the world. In South Africa courts should recognise and deem the legal position of Reformed ministers to be an internal church matter that falls outside the sphere of regulation of a religiously neutral state's labour legislation. This recognition should be based on the right of the church to define itself and its offices. In Chapter 2 the current confusion in South Africa regarding the legal position of ministers of religion is investigated further. Various points of view are discussed, for example that ministers are 'employees' of churches (church councils), that a minister's legal position has to be regarded as that of an independent contractor and the point of view that ministers are connected to the church by a unique relationship. The way in which the legal position of ministers of the Gospel is regarded in Germany is discussed in Chapter 3. The focus is inter alia on the meaning of religious freedom, neutrality of the state, constitutional provisions regarding the relationship between the state and the church, and the way in which the legal position of ministers of religion is regulated in the light of the German state-church context. The way in which the Reformed Churches in South Africa define and regulate the legal position of Reformed ministers as an internal church matter is investigated in Chapter 4. In this chapter the focus is on the following aspects: the order of the church that applies to the legal position of ministers in terms of Reformed church polity, as expressed in the church order, the meaning of a minister's relationship with the local church as regards his legal position, and the unique nature of a minister's legal position in terms of the relevant provisions of the church ordinances. The findings, recommendations and summary conclusion of the study are given in Chapter 5. The summary conclusion of the study is that an overall impression of the regulation of ministers' positions by the Reformed Churches in South Africa offers the following perspective: the Lord places the church and its ministers in a unique relationship. This relationship must be regulated by means of the church because the church ordinances inherently make provision for the regulation of this unique relationship. Regarded within the broad context of this study, the state may not exercise control over the legal position of ministers of religion because these ministers fulfil a religiously determined command and task. / Thesis (Ph.D. (Church Polity))--North-West University, Potchefstroom Campus, 2006.

This project examines how Georgia draws the line between religious freedom and child abuse. In Georgia, certain religious parents are granted spiritual exemptions for conduct that would otherwise be prohibited due to its potential harm to children, while other parents must alter their religious practices to conform to the law. An examination of Georgia law governing conduct that is both religiously-motivated and poses a risk of physical harm to children illustrates that Georgia’s spiritual exemptions have contributed to producing legally-defined religious orthodoxy, inconsistent regulation of religious conduct, and less stringent state protection from harm for the children of some religious parents.