Jump to ContentJump to Main Navigation
Religious Actors and International Law$
Users without a subscription are not able to see the full content.

Ioana Cismas

Print publication date: 2014

Print ISBN-13: 9780198712824

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198712824.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 July 2021

Religious Organizations Under the European Convention Regime

Religious Organizations Under the European Convention Regime

Chapter:
(p.85) 3 Religious Organizations Under the European Convention Regime
Source:
Religious Actors and International Law
Author(s):

Ioana Cismas

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198712824.003.0004

Religious organizations are non-state actors. Any attempt to examine their rights and obligations is confronted by challenges relating to subjectivity. The chapter relies on the capacity approach to ‘extract’ the panoply of rights which religious organizations have claimed under the European Convention on Human Rights, and to demonstrate the similarities in this respect with non-religious legal entities. Detailed assessment of article 9 jurisprudence discloses why religious organizations were initially refused the right to freedom of religion under the Convention, and why currently they are the exclusive holders of this right among legal entities. The chapter discards this exclusivity by showing that religious organizations enjoy a derivative right from the freedom of individuals to collectively manifest religious beliefs. The analysis examines positive state obligations in the context of church autonomy, and reveals the existence and scope of human rights responsibilities of religious organizations themselves, including towards employees and adherents.

Keywords:   religious organization, church, non-state actors, capacity approach, freedom of religion, church autonomy, blasphemy, limitations, obligations

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .