Tag Archives: International Human Rights

Hogan, “Keeping Faith with Human Rights”

This month, the Georgetown University Press releases “Keeping Faith with Human Rights,” by Linda Hogan (Trinity College Dublin). The publisher’s description follows:

The human rights regime is one of modernity’s great civilizing triumphs. From the formal promulgation of the Universal Declaration of Human Rights in 1948 to the subsequent embrace of this declaration by the newly independent states of Africa, human rights have emerged as the primary discourse of global politics and as an increasingly prominent category in the international and domestic legal system. But throughout their history, human rights have endured sustained attempts at disenfranchisement.

In this provocative study, Linda Hogan defends human rights language while simultaneously reenvisioning its future. Avoiding problematic claims about shared universal values, Hogan draws on the constructivist strand of political philosophy to argue for a three-pronged conception of human rights: as requirements for human flourishing, as necessary standards of human community, and as the basis for emancipatory politics. In the process, she shows that it is theoretically possible and politically necessary for theologians to keep faith with human rights. Indeed, the Christian tradition—the wellspring of many of the ethical commitments considered central to human rights—must embrace its vital role in the project.

“Freedom of Religion in the 21st Century” (Ziebertz and Ballin eds.)

In October, Brill will release “Freedom of Religion in the 21st Century: A Human Rights Perspective on the Relation Between Politics and Religion,” edited by Hans-Georg Ziebertz  (University of Würzburg) and Ernst Hirsch Ballin (Tillburg University). The publisher’s description follows: 

Freedom of religion consists of the right to practice, to manifest and to change one’s religion. The modern democratic state is neutral towards the variety of religions, but protects the right of citizens to practice their different religious beliefs. Recent history shows that a number of religious claims challenge the neutral state. This happens especially when secularity is rejected as the basis of the modern state. How can conflicting interpretations of the relation between religion and state be balanced in our world? This book reflects on conflicts that seem to be implied in the freedom of religion, on its causes and how they can be overcome.

Krauthammer on Rescuing Syrian Christians


Syriac Orthodox Christians in Damascus (Russia Today)

A nice piece by Charles Krauthammer in the Washington Post, on the efforts of Lord George Weidenfeld, a British Jew, to save some Syrian Christians. Weidenfeld was himself rescued by Christians in 1938. A British Protestant group brought him to London from Vienna, thus saving him from the Holocaust. Now, he says, he wishes to repay the favor. It’s a small effort, only 2000 families, but it’s something.

Notably, the US Government has declined to participate in Weidenfeld’s efforts, as they target Christians, as opposed to other religious minorities suffering in Syria. No doubt, this reticence comes from the by now well-known American policy of avoiding the appearance of sectarianism in the Mideast. Maybe some people in the Administration even think there would be some sort of Establishment Clause problem with helping Weidenfeld.

Both these concerns are silly. If the US Government were assisting only Christians in the Mideast, that could be a PR problem–for the US and for the local Christians. But the US is helping many religious minorities. Just last summer, it evacuated besieged Yazidis on Mt. Sinjar. So helping Weidenfeld’s group couldn’t be considered favoritism. Anyway, no matter what the US does, it will be seen in the region as a “Christian” power, however ironic that might seem to us here.

As for the Establishment Clause, I don’t know where to begin. Even if the Clause were to apply to such matters, the fact that the US Government distributes foreign assistance to all sorts of religious minorities in the Mideast, not just Christians, would surely satisfy any reasonable neutrality requirement, even the so-called endorsement test. The endorsement test asks whether government action makes non-adherents feel like political outsiders, second-class citizens. Would non-Christians in America really feel like outsiders because some small portion of US aid goes to help a charity rescuing a couple thousand Christian families from war-torn Syria?

Hurd, “Beyond Religious Freedom: The New Global Politics of Religion”

In September, Princeton University Press will release “Beyond Religious Freedom: The New Global Politics of Religion” by Elizabeth Shakman Hurd (Northwestern University). The publisher’s description follows:

In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome.

Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between “expert religion,” “governed religion,” and “lived religion,” Hurd charts new territory in the study of religion in global politics.

“Radicals and Reactionaries in Twentieth-Century International Thought” (Hall, ed.)

Here is an interesting looking volume of essays that explores some of the Radicals and Reactionariesideological fringes in international political and legal thought, Radicals and Reactionaries in Twentieth-Century International Thought, edited by Ian Hall (Griffith University, Australia) and published by Palgrave Macmillan this month. The publisher’s description follows.

The history of international thought is a burgeoning field in International Relations, but so far it has mainly concentrated on the work of American and British “realists” and “idealists.” This book breaks new ground, moving beyond Anglophone thinkers and the mainstream traditions to examine the work of radicals and reactionaries from across the world. It includes original chapters on German conservatives and Italian socialists, Labour Party radicals and French fascists, as well as Italian and Japanese imperialists and Indian anti-colonialists. It explores the transnational transmission of theories and traditions of international thought, as well as their reception, adaptation, and rejection by thinkers across Europe and Asia during the course of the twentieth century.

Nettelfield & Wagner, “Srebrenica in the Aftermath of Genocide”

This month, Cambridge University Press releases Srebrenica in the Aftermath of 9781107000469Genocide, by Lara J. Nettelfield (University of London) and Sarah E. Wagner (George Washington University). The publisher’s description follows:

The fall of the United Nations “safe area” of Srebrenica in July 1995 to Bosnian Serb and Serbian forces stands out as the international community’s most egregious failure to intervene during the Bosnian war. It led to genocide, forced displacement, and a legacy of loss. But wartime inaction has since spurred numerous postwar attempts to address the atrocities’ effects on Bosnian society and its diaspora. Srebrenica in the Aftermath of Genocide reveals how interactions between local, national, and international interventions – from refugee return and resettlement to commemorations, war crimes trials, immigration proceedings, and election reform – have led to subtle, positive effects of social repair, despite persistent attempts at denial. Using an interdisciplinary approach, diverse research methods, and more than a decade of fieldwork in five countries, Lara J. Nettelfield and Sarah E. Wagner trace the genocide’s reverberations in Bosnia and abroad. The findings of this study have implications for research on post-conflict societies around the world.

Center for Law and Religion Hosts Dr. Pasquale Annicchino

MLM Class 1

Professors DeGirolami, Annicchino and Movsesian with Seminar Students

We were delighted to have our old friend, Dr. Pasquale Annicchino of the EsportareEuropean University Institute in Florence, visit with us yesterday. Pasquale gave a presentation in Mark’s Comparative Law & Religion seminar about his brand new book, Esportare La Libertà Religiosa: Il Modello Americano Nell’arena Globale [“Exporting Religious Freedom: The American Model in the Global Arena”] (Il Mulino). (For those that may not know, il Mulino is Italy’s most prestigious publisher). The book’s primary concern is about the influence of the International Religious Freedom Act of 1998 on international conceptions of religious liberty, and the different sorts of ideological and related resistance that the American model has encountered. The book has been discussed and reviewed in Il Corriere della Sera, Il Foglio, and The Economist.

Here’s the description of the book:

Con l’adozione nel 1998 dell’lnternational Religious Freedom Act gli Stati Uniti hanno posto al centro della loro politica estera la protezione e la promozione del diritto di libertà religiosa. Le istituzioni e le politiche che sono seguite hanno permesso agli Stati Uniti di ergersi a modello di iniziativa per la tutela della libertà religiosa nell’arena globale. Lungi dal rimanere un esperimento isolato, l’iniziativa statunitense ha influenzato l’Unione Europea, il Canada, il Regno Unito e l’Italia. Il volume analizza il modello normativo-istituzionale americano e passa in rassegna i sistemi che ad esso si sono ispirati. Ne risulta una libertà religiosa indebolita nella sua concezione universale ed unitaria e minacciata da specifici interessi politici e nazionali.

[With the adoption in 1998 of the International Religious Freedom Act the United States placed the protection and promotion of religious freedom at the center of its foreign policy. The institutions and politics that followed allowed the United States to raise up its initiative as a model for the defense of religious freedom in the global arena. Far from being an isolated experiment, the US initiative has influenced the European Union, Canada, the United Kingdom, and Italy. This volume analyzes the American normative-institutional model and surveys the systems that it has inspired. What has resulted is the weakening of religious freedom as a universal conception, threatened by specific political and national interests.]

“The Changing Nature of Religious Rights Under International Law” (Evans et al., eds.)

This Month, Oxford University Press will release “The Changing Nature of Religious Rights Under International Law” edited by Malcolm Evans (University of Bristol), Peter Petkoff (Oxford University), and Julian Rivers (University of Bristol).  The publisher’s description follows:

Changing Nature of Religious RightsThe Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law.

The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations’ support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious ‘Bills of Rights’. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

Weller et al., “Religion or Belief, Discrimination and Equality”

In May, Bloomsbury Academic Publishing will release “Religion or Belief, Discrimination and Equality: Britain in Global Contexts” by Paul Weller (University of Derby), Kingsley Purdam (University of Manchester), Nazila Ghanea (University of Oxford), Sariya Cheruvallil-Contractor (University of Derby).  The publisher’s description follows:

Religion Or BeliefIn recent years, controversial issues related to religion or belief, discrimination, equality and human rights have come to the fore, especially in the context of public debates around multiculturalism following the ‘social policy shock’ created by the impact of violent religious extremism. For example should there be restrictions on what people can wear in the work place based on their religious identity? Should religious organizations be exempt from aspects of equalities legislation which are not in line with their beliefs and values? How should non-religious identities be recognized?

In the context of increasing cultural and religion or belief diversity, it is vitally important for the future to understand the nature and extent of discrimination and unfair treatment on the grounds of religion or belief, and to assess the adequacy of policies, practices and laws designed to tackle this. This includes the overlap of religion or belief identities with other aspects of people’s identity including characteristics such as age, disability, race, sex and sexual orientation which can also be legally protected.

This volume is a benchmark publication on religion, discrimination and equality. It includes data and insights derived from the fieldwork, focus groups and questionnaire survey of a recent national research project in Britain. Its analysis presents a unique insight into continuity and change in people’s reported experience over a decade of equalities legislation and political and social change of unfair treatment on the basis of religion or belief. Grounded in empirical and contextualized data, its findings are placed in the context of European and international human rights law.

Its findings will be of special interest to both scholars and practitioners working in the specific fields of education, employment, the media, criminal justice and immigration, housing, health care, social services, and funding, as well as in the broader fields of religion or belief, the law and public policy.

St. John’s Hosts Panel on Mideast Christians

L-R: Michael LaCivita, Mark Wasef, MLM

This past Wednesday, the Center for Law and Religion co-sponsored a panel, “Threat to Justice: Middle Eastern Christians and the ISIS Crisis,” at the St. John’s Law School campus in Queens. The Catholic Law Students Association, and, especially, this year’s energetic president, Eugene Ubawike ’15, took the lead in organizing the event, which was also endorsed by the Law School’s Center for International and Comparative Law. I served as moderator.

Eugene introduced the panel by referring to the martyrdom of 21 Coptic Christians at the hands of ISIS operatives in Libya last weekend. The martyrdom of Christians is not something one reads about only in history books, he said–persecution is happening right now. In my introduction, I followed up on Eugene’s comments by reminding the audience of what Pope Francis said at our conference in Rome this past summer: there are more Christian martyrs today than in the first centuries of the Church, since before the time of Constantine, 1700 years ago.

Michael LaCivita, the Chief Communications Officer of the Catholic Near East Welfare Association, explained the mission of his organization and helpfully situated the discussion by giving a brief history of the Christians of the Middle East. Mark Wasef, an attorney and member of the board of United for a New Egypt, provided an overview of the situation Christians face in contemporary Egypt. He spoke movingly of the troubles Copts have faced in recent years, but also of the possibility of peaceful relations between Christians and Muslims, and his hopes for the future. A robust question and answer session touched on topics like the dhimma, the promise of the Sisi government in Egypt, Mideast Christians in American politics, and the legacy of the Crusades.

This is not the first panel on Mideast Christians that CLR has sponsored at the Law School, and, as at the event we sponsored in October 2010, turnout on Wednesday night was encouraging, a sign that the Law School community takes this issue seriously. Congratulations to Eugene and the Catholic Law Students Association for an important event in the life of St. John’s, and many thanks to our panelists.