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Sociology of Law, Human Rights, and Religious Freedom

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A special issue of Religions (ISSN 2077-1444). This special issue belongs to the section "Religions and Health/Psychology/Social Sciences".

Deadline for manuscript submissions: closed (30 May 2023) | Viewed by 14927

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Special Issue Editors

Dr. Olga Breskaya

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Guest Editor

Department of Philosophy, Sociology, Education and Applied Psychology, University of Padova, 35123 Padova, Italy
Interests: sociology of religion; sociology of human rights; religious freedom; religious pluralism

Prof. Dr. Giuseppe Giordan

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Guest Editor

Department of Philosophy, Sociology, Education and Applied Psychology, University of Padova, 35123 Padova, Italy
Interests: spirituality; religious pluralism; conversion; interfaith dialogue; Eastern Orthodoxy; religious freedom
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Special Issue Information

Dear Colleagues,

This Special Issue provides an opportunity for interdisciplinary discussion about two overlapping processes of the implementation of religious freedom in contemporary societies. The first process can be described as the increasing legal regulation of religion by the state (Cumper and Lewis 2019) and characterized by the expansion and differentiation of laws on religious freedom. The umbrella socio-legal concept of “juridification” (Blichner and Molander 2008) was applied to the analysis of religious freedom regulations and laws, emphasizing the importance of their legal implementation.

The second process refers to the concomitant growing need in cultivating respect towards other’s freedom in matters of religion and non-religion at the level of groups and individual relations in pluralistic societies (Grim and Finke 2011; Berger 2014; Giordan and Pace 2014; Beaman 2017; Modood 2019). It also indicates multiple centers of norm-making related to religious freedom, questioning the role of dominant and minority religions and public institutions within them. Moreover, it highlights the importance of human rights culture, legal conscience, and citizens’ awareness of rights and duties guaranteed and required in broader society.

We invite contributors to this Special Issue to consider the dynamics between these two processes, specifying:

The relationship between the legal implementation of religious freedom as an international human right principle and the process of establishing a stronger human rights culture in society at the level of social institutions and groups.
The mechanisms of social implementation of religious freedom, i.e., the process of its transformation as an international human rights principle into the norms and values of organizations (such as schools, hospitals, or international business organizations), religious communities, and everyday communication of citizens.

We invite scholars to contribute original research on religious freedom by emphasizing the importance of cross-national and cross-cultural approaches in this research field.

We request that, prior to submitting a manuscript, interested authors initially submit a proposed title and an abstract of 400–600 words, summarizing their intended contribution. Please send your submissions to the guest editor (olga.breskaya@unipd.it) or to the Religions editorial office (religions@mdpi.com). Abstracts will be reviewed by the guest editor to ensure they properly fit within the scope of the Special Issue. Full manuscripts will undergo double-blind peer review.

References:

Beaman, Lori G. 2017. Deep Equality in an Era of Religious Diversity. Oxford: Oxford University Press.

Berger, Peter L. 2014. The Many Altars of Modernity: Toward a Paradigm for Religion in a Pluralist Age. Boston and Berlin: De Gruyter.

Blichner, Lars Chr., and Anders Molander. 2008. “Mapping Juridification.” European Law Journal 14, no. 1: 36–54.

Cumper, Peter, and Tom Lewis. 2019. “Human Rights and Religious Litigation – Faith in the Law?” Oxford Journal of Law and Religion 8: 121–50.

Giordan, Giuseppe, and Enzo Pace, eds. 2014. Religious Pluralism. Framing Religious Diversity in Contemporary World. Springer: New York.

Grim, Brian and Roger Finke. 2011. The Price of Freedom Denied: Religious Persecution and Violence. Cambridge, UK: Cambridge University Press.

Modood, Tariq. 2019. Essays on Secularism and Multiculturalism. London: Rowman & Littlefield International.

Dr. Olga Breskaya
Prof. Dr. Giuseppe Giordan
Guest Editors

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Religions is an international peer-reviewed open access monthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1800 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

religious freedom
legal regulation of religion
social implementation
human rights culture
em-pirical research

Published Papers (11 papers)

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11 pages, 238 KiB

Open AccessArticle

The Harmonization between Religious Freedom and the Protection of Public Health: Betwixt Self-Regulation and Law

by Ioannis E. Kastanas

Religions 2024, 15(2), 208; https://doi.org/10.3390/rel15020208 - 08 Feb 2024

Viewed by 831

Abstract

The enshrinement of religious freedom in a State Constitution is determined by the system of relations between the State and Religions. A particular aspect of religious freedom is freedom of worship, which was reframed due to the COVID-19 pandemic with the adoption of measures for the protection of public health. The examples of Cyprus and Greece demonstrate that the self-regulation enjoyed by religious communities may be harmonized with the need to protect public health and is directly connected to the existing system of relations between the State and Religions. The case law on the State restrictive measures regarding worship in conjunction with the measures implemented by the religious communities themselves together give rise to the general principles of harmonization between religious freedom and the protection of public health, with respect for the principle of proportionality. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

22 pages, 379 KiB

Open AccessArticle

Two Models of Political Secularism and Religious Freedom in Italy and Croatia: Findings from a Survey among Youth

by Asia Leofreddi

Religions 2023, 14(10), 1292; https://doi.org/10.3390/rel14101292 - 13 Oct 2023

Viewed by 1195

Abstract

Interest in political secularism is growing, due to its proven relevant role in affecting people’s political behaviours and attitudes toward human rights. However, until now, only a few studies have analysed its influence on religious freedom and those which exist do so mostly from a governmental-policy perspective. Drawing upon the sociology of religious freedom, this article seeks to address this gap. Comparing two Catholic EU countries, Italy and Croatia, and adopting an empirical perspective, it aims to understand whether the endorsement of political secularism enhances or limits support for religious freedom. More specifically, the study draws a key distinction between two models of secularism, ‘institutional’ and ‘ideological’, whose impacts on different aspects of religious freedom are assessed. In doing so, this research presents the results of a cross-national survey on Social Perception of Religious Freedom (SPRF) that was carried out among university students in Italy (=714) and Croatia (=603). The results show the strong positive influence of moderate forms of political secularism in shaping a positive culture of religious freedom. At the same time, they validate the hypothesis that it is necessary to consider political secularism’s multiple facets to fully understand its influence on support for religious freedom in different countries. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

13 pages, 284 KiB

Open AccessArticle

Anti-Cult Movement and Religious Freedom for Religious Minorities in the Russian Arctic

by Nadezhda Beliakova and Vera Kliueva

Religions 2023, 14(8), 1062; https://doi.org/10.3390/rel14081062 - 18 Aug 2023

Viewed by 1049

Abstract

In this article, using the example of the Russian Arctic, we analyze how the anti-cult movement creates the conditions for the discrimination and suppression of religious minorities. The anti-cultist (anti-sectarian) fears and phobias of the Russian establishment are closely bound to the fears of missionary activity. The change in legislation regulating missionary activity deliberately limits the activities of those religious communities, which, at the suggestion of the anti-cultists, are labeled in Russian society as “sectarian” and/or “foreign”. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

14 pages, 344 KiB

Open AccessArticle

Religion upon the Mountains: From Christianisation to Social Actions against Summit Crosses in Italy

by Giovanna Rech

Religions 2023, 14(8), 1056; https://doi.org/10.3390/rel14081056 - 18 Aug 2023

Viewed by 897

Abstract

In Italy, the debate regarding the presence of crosses and crucifixes in public places is long-standing and involves their detractors, supporters and defenders. Over time, these conflicting positions have gained media resonance, becoming a sociopolitical controversy that has led to lawsuits at various levels, including the European Court of Human Rights. In the social sphere, the issue has oscillated between the recognition of the universal value of religious symbols and advocacy for secularism, even in open spaces such as mountaintops. During the last few decades, several initiatives have been undertaken in the Italian Alps, driven by ecological concerns and opposition to the presence of crosses on the mountains. These initiatives have resulted in collective actions against the positioning and erection of crosses, and there have even been attempts to diversify the Italian peaks. By providing a historical overview of the Christianisation of Italian mountaintops and focusing on the mobilisation against the presence of crosses, this article contributes to the understanding of the role of such symbols in Italian public opinion, which is intertwined with the vitality of the Catholic Church and the sociopolitical implications of these initiatives. The research questions will investigate the process of legitimisation and delegitimisation of Christian symbols. The cross on the mountaintop serves as an example of culturalised religion, where this cultural object can become a “passive religious symbol,” polarising claims for the defence of the natural environment and the sustainability of religion in the mountains. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

18 pages, 355 KiB

Open AccessArticle

Current Challenges to the Protection of (Neo)pagans’ Religious Freedom in the Baltic States

by Anita Stasulane

Religions 2023, 14(8), 1027; https://doi.org/10.3390/rel14081027 - 10 Aug 2023

Viewed by 1360

Abstract

In the late 1980s, the activities of (neo)pagan groups were renewed in Estonia, Latvia, and Lithuania. Today, the (neo)pagans have taken a stable place among the new religious movements in the Baltic states. The social inclusion of Baltic (neo)pagans is made difficult by the state authorities, which have applied to them the same kinds of legal regulations as for unregistered “non-traditional” religious communities. Currently, (neo)pagan attempts to be included in social life come up against the state authorities’ desire to closely control religious organisations. Despite common features, differences determined by both historical and political conditions can be observed: in Latvia and Lithuania, the (neo)pagan groups maintain that they are entitled to the same legal status as “traditional denominations” or “traditional religious association”; in Estonia, (neo)pagans are involved in discussions about religious freedom, religious education, and the preservation of historical sacred sites. Even though (neo)pagan groups in the Baltics have not gained the same legal status as the Christian denominations and their social inclusion is problematic, they have not been excluded from social life, as their activities have roots in the Latvian, Lithuanian, and Estonian traditional way of life, which is valued highly nowadays. In this article, qualitative comparative analysis is used as a methodological tool, which helps to explain changes in contexts and settings of the Baltic states. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

17 pages, 488 KiB

Open AccessArticle

Misconceptions of Religious Freedom: Toward an Empirical Study of Religious Freedom Awareness

by Anthony Blasi, Olga Breskaya and Giuseppe Giordan

Religions 2023, 14(8), 1000; https://doi.org/10.3390/rel14081000 - 04 Aug 2023

Viewed by 1443

Abstract

This article offers an overview of the most common misconceptions about religious freedom, with reference to the 2017 UN Report by Mr. Shaheed and the perspectives of other human rights scholars and experts. It proceeds with the operationalization of a selected list of misconceptions about this subject for empirical research of religious freedom awareness. We discuss the primary results from a survey on social perceptions of religious freedom collected from a convenience sample of university students in Northern Italy (N = 1035), offering, first, a new scale of religious freedom awareness (RFA), and second, a consideration of its association with various dimensions of religious freedom and other human rights. The findings show that awareness of religious freedom serves as a robust predictor of endorsement of a broader set of human rights by participants, including those potentially antithetical to religious freedom claims, such as gay and women’s rights. We discuss these findings against a holistic approach to human rights and empirical evidence that other variables (political engagement, passive secularism views, and spiritual identity) contribute to the endorsement of rights culture in Italian society. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

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29 pages, 465 KiB

Open AccessArticle

Using Law to Limit Religious Freedom: The Case of New Religious Movements in France

by Sajjad Adeliyan Tous, James T. Richardson and Alireza Taghipour

Religions 2023, 14(7), 887; https://doi.org/10.3390/rel14070887 - 09 Jul 2023

Viewed by 1970

Abstract

France, with its approach to managing religion known as laïcité, has been almost unique among Western nations in its approach to religious freedom for minority religious groups and movements. In recent decades it has passed widely criticized laws in efforts to implement a program of social control over such groups, including both new religious movements (NRMs) as well as older religious groups that have functioned in France for many decades. Examining why and how this has happened helps reveal how religious freedom can be curtailed in a modern Western society using the legislative process and the law. We apply theories from the sociology of law offered by Donald Black and by William Chambliss, as well as other relevant ideas, to understand how the situation developed in France. Black’s concepts of status and intimacy are particularly useful, as is Chambliss’ dialectic approach to law, which emphasizes human volition in lawmaking. Chambliss focuses on how societies develop resolutions to resolve dilemmas as they attempt to resolve conflicts that arise from contradictions in how society functions. The role of courts in such situations will also be addressed. We conclude that the liberalistic and humanitarian national motto (“liberté, égalité, fraternité”) of the French Republic does not necessarily lead to the non-discrimination and non-persecution of new religious movements and other nontraditional religious groups. We also conclude that the resolution obtained with the About–Picard law was, as predicted by Chambliss, not a final one, and that dilemmas continue to exist about how to address concerns about religious groups in French society. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

16 pages, 333 KiB

Open AccessArticle

Church and State and the Marital Rights of Old Believers in Latvia: From Illegality to Secularization

by Maija Grizāne

Religions 2023, 14(7), 839; https://doi.org/10.3390/rel14070839 - 26 Jun 2023

Viewed by 1007

Abstract

The paper analyses state religious policy in different historical periods and its impact on the development of religious doctrines about marriage within the Old Believer community of Latvia. Based on published and unpublished historical sources, legislative acts, periodicals, and data from existing Old Believer parishes, it is clear that state policy concerning religious minorities greatly influenced the development of the Old Believer community. Old Believer marriages were not recognized by the Russian Orthodox Church until 1874 when the first possibility of obtaining legal marital status was introduced as registering families in police register books. The Old Believers of Latvia, who originally belonged to the Fedoseevcy denomination and denied any family life as such, registered their families quite rarely. However, during the first decades of the 20th century, the Fedoseevcy of Latvia adopted the teaching and marriage ceremonies of the Pomorians. By the interwar period, Old Believer marriages were legalized by both the community and the state. Soviet secularization further facilitated the development of secular marriage unions with followers of other confessions. In the present day, Old Believer religious marriages are legalized in Latvia, though the number of them has decreased as Old Believers are most likely to choose civil marriage registrations. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

12 pages, 296 KiB

Open AccessArticle

Prevailing Religion as a Factor in Enhancing the Right to Education: The Example of Educational Policy in Greece

by Georgios Tsaousis

Religions 2023, 14(7), 837; https://doi.org/10.3390/rel14070837 - 26 Jun 2023

Viewed by 912

Abstract

It is clearly stated by the European Court of Human Rights (ECtHR) that provided education should not follow or consist of a means of catechism contrary to the religious or philosophical perceptions of the parents. Consequently, a specific negative claim is established: the state, through its educational policy, must refrain from transmitting information that is contrary to the philosophical and religious beliefs of the parents. In Greece, education policy is not neutral. It has a clear Christian orientation, primarily due to the constitutional establishment of the prevailing religion. It is not a constitutional paradox but a choice of the legislator based on cultural and social characteristics. This article aims to present an analysis of the effect of the constitutional establishment of the Christian faith in the national educational policy, which aims at the development of national and religious consciousness. Given that religious education is more freely formulated, the influence of the prevailing religion proves to be catalytic. In Greece, the catechism is preferred, according to the teachings of the prevailing religion. This choice makes it easier for parents to raise their children based on their beliefs, effectively reinforcing the fundamental right established by Article 2 of the additional protocol of the ECHR. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

17 pages, 288 KiB

Open AccessArticle

When Religious Folk Practice Meet Karl Marx: Courts’ Response to Ghost Marriage in Modern China

by Wenzhang Zhou and Yang Feng

Religions 2023, 14(6), 764; https://doi.org/10.3390/rel14060764 - 09 Jun 2023

Viewed by 1569

Abstract

As religious folk practice is regarded as a radical departure from Marxist atheism, the abnormal existence of ghost marriages under the Chinese socialist regime has attracted wide scholarly attention in anthropology and sociology. However, few scholars have focused on how Chinese courts treat religious folk practices, such as ghost marriages, despite the official socialist ideology. Based on the typological analysis and case study involving 260 ghost marriage cases, the authors argue about the judicial activism of Chinese courts towards atheist ideology in religious folk practices. The findings of this study are twofold. First, the Chinese courts’ attitudes toward ghost marriage cases are pluralistic, reflecting the Chinese legal system’s selective obedience to the socialist ideology. Through the application of different legal interpretations of relevant laws, Chinese courts have shown three attitudes towards ghost marriages: encouragement, tolerance, and suppression. The first two attitudes can be regarded as supportive supervision of religious folk practice. Three factors tended to affect the courts’ attitudes towards ghost marriages: courts’ hierarchical level, parties’ claims, and whether ghost marriage rituals are performed. Second, further analysis suggests that RPC’s guerrilla-style governance strategy in the Chinese legal system allows it to deal with ghost marriage with more flexibility, even overriding its fundamentalist ideology. The guerrilla-style tactic is often used by the Chinese courts to handle matters of religious folk practices in a pluralistic manner. Overall, the courts’ pluralistic attitudes towards ghost marriage is that of modest tolerance and cooperation of religious folk practices based on the RPC’s model of governance. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

10 pages, 262 KiB

Open AccessArticle

Institutionalizing the Relationship between Religious Teaching and Religious Freedom: The Case of the Republic of San Marino

by Andrea Porcarelli

Religions 2023, 14(6), 685; https://doi.org/10.3390/rel14060685 - 23 May 2023

Viewed by 1226

Abstract

This paper examines the principles of denominational religious teaching in public schools at the background of a broader debate, concerning its compatibility with the standards of freedom of/from religion, by assessing the case of the Republic of San Marino. In doing so, revisions were made to some of the solutions proposed within the framework of international documents, such as the Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools (OSCE/ODIHR). Among the various solutions, the Toledo document proposes the preparation of an alternative lesson of equal dignity, for those pupils who do not avail themselves of denominational education. The preparation of an alternative lesson is to be followed by a detailed analysis of the regulatory procedure that led to the achievement of this solution in the Republic of San Marino; the procedure entailed setting up a course on “Ethics, culture and society” in public schools for those who do not wish to avail themselves of Catholic religious education. These types of lessons were introduced, experimentally, in the academic year of 2019–2020 and the monitoring of the experiment is currently in progress. Shown, in conclusion, will be how this educational experiment could be a good practice for institutionalizing religious freedom in a small country, in which denominational religious teaching is mandatory. Full article

(This article belongs to the Special Issue Sociology of Law, Human Rights, and Religious Freedom)

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