Religion and International Law : Living Together

Uerpmann-Wittzack, Robert

; Lagrange, Evelyne ; Oeter, Stefan , eds.

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Abstract

Abstract

It is well established that religions and religious antagonisms are not foreign to the building-up of the international legal system. While the contribution of religious institutions – especially that of the Holy See – has been on the wane over the centuries, international law provides a great number of rules and mechanisms for the settlement of disputes rooted in religious antagonisms, the coexistence of different religions and corresponding domestic legal sets of rules, and the protection of the freedom of religion.

Controversies over the comeback of religious passions and the revival of religious identities have gained in importance over the past years. Thus, secularized Western societies feel confronted with orthodox movements and radical Islamism defying liberal values. Against the backdrop of different and sometimes fierce religious convictions, living together peacefully is still at stake.

A German-French forum was particularly promising for an enquiry on how international law can cope with religious challenges since French laicism differs considerably from the German cooperative approach towards religious groups. It was not a surprise that the case S. A. S. v. France, where the European Court of Human Rights had to decide on the total ban on face veiling in public space imposed by French law, triggered heated debates between contributors. As a rule, it is up to domestic law to lay down the rules necessary for living together in society. However, even in an international order of mere coexistence, international law, too, is supposed to ensure that states and societies, but also individuals within a given society may live together peacefully despite religious differences.

The present volume seeks to clarify what ‘living together’ means with regard to religions and, above all, how international law may contribute to the ultimate goal of living together in peaceful societies. The first contributions will explore the historic roots of international law responses to religious challenges. Then, a second part will shift the perspective to the role of religious institutions and religious law. The following parts focus on human rights. Part three takes a cross-sectional approach in analysing the contributions of different human rights bodies, before further parts deal with the international protection of religion, the relationship between religious beliefs and freedom of expression, and the role of other individual rights.

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