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  • Author or Editor: Jeroen Temperman x
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An International Human Rights Analysis
This book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a priori trump in the form of a ‘scripture defence’ against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.
Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children’s educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective––ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts––these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.
In: The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
In: The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
In: The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
In: The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
In: The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
In: The European Court of Human Rights and the Freedom of Religion or Belief
In: Religious Speech, Hatred and LGBT Rights
In: Religious Speech, Hatred and LGBT Rights