Ankica Marinović and Dinka Marinović Jerolimov (Institute for Social Research, Zagreb) have posted What about Our Rights? The State and Minority Religious Communities in Croatia: A Case Study. The abstract follows.
In December 2007, three registered minority religious communities in Croatia took a discrimination case against the Republic of Croatia to the European Court for Human Rights (ECHR) in Strassbourg. This paper documents the entire case, from the public announcement of the lawsuit to the final decision of the ECHR, which ruled in favour of the three religious communities. In a broader sense, this case study deals with church-state relations in Croatia and points to some important consequences of the case for religious rights, religious freedom, and governing by the rule of law in Croatia.
Richard W. Garnett (Notre Dame Law School) has posted Religious Freedom and (and in) Institutions. The abstract follows.
This paper is a contribution to a volume of essays dealing with a range of contemporary challenges – challenges posed by new questions, and by new forces – to religious liberty. It considers the role that religious communities, groups, and associations play – and the role that they should they play – in our thinking and conversations about religious freedom and church-state relations. And, its primary claim is that the values and goods that the First Amendment’s Religion Clauses embody and protect are well served by a civil-society landscape that is thick with churches (and mediating institutions and associations of all kinds) and by legal rules that reflect their importance. These institutions contribute in distinctive ways to the reality of religious freedom under law.