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Church autonomy in the Czech Republic as an expression of religious freedom and its legal limits
Suchomel, Petr ; Gerloch, Aleš (advisor) ; Řepa, Karel (referee)
The thesis title The church autonomy in the Czech Republic as an expression of freedom of religion and its legal limits ABSTRACT The rigorous thesis deals with the constitutionally guaranteed autonomy of churches and religious societies as one of the essential elements of freedom of religion. It examines what is necessary content of it and seeks the highest permissible limits of its legal restriction in a democratic state governed by the rule of law (in general) and in the Czech Republic (in particular). It represents the autonomy of churches and religious societies as an integral part of religious freedom, which is an inalienable human right and freedom. The general part of the thesis analyzes the content of freedom of religion and the content of church autonomy, trying to define its maximum limits, especially through the development of constitutional law in individual European states (by comparing their constitutions) and through the abundant judicature of the European Court of Human Rights. The special part of the thesis deals with the development of freedom of religion and church autonomy in the territory of the Czech Republic since reception of Austrian law in former Czechoslovakia during the First Republic, through the "period of darkness" under communist totalitarianism to the present day. The...
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The relationship between the state and religious communitites in the USA
Krauzová, Tereza ; Horák, Záboj (advisor) ; Tretera, Jiří Rajmund (referee)
The relationship between the state and religious communities in the USA Abstract The purpose of this thesis is to introduce the relevant aspects of the relationship between the state and religious communities in the United States of America. The focus of the thesis lies in the introduction of the development of interpretation of both religious clauses of the First Amendment to the U.S. Constitution by the Supreme Court, especially in the 20th century. This thesis aims to show, how both religious clauses, even though they were created to serve the same purpose, are in some cases interpreted in a contradicting way. The thesis also elaborates on religious freedom in the sensitive environment of armed forces, as the soldiers depend totally on services provided to them by the government. In the final part, the thesis introduces certain exceptions from the generally applicable legal provisions for the churches and religious legal entities, as well as recent development from the perspective of admitting religious freedom to business corporations. Keywords: freedom of religion, Constitution of the United States, First Amendment, churches, Supreme Court, USA
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Current Frame of Religious Freedom in the System of European Protection of Human Rights
Jekielek Henzl, Barbora ; Scheu, Harald Christian (advisor) ; Forejtová, Monika (referee) ; Lipovský, Milan (referee)
Current Frame of Religious Freedom in the System of European Protection of Human Rights Abstract This thesis deals with the topic of protection of Freedom of Religion in the System of European Protection of Human Rights. It begins with a description of the formulation of this freedom in the Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights of the European Union and the legal systems of Germany, Austria and Czech Republic. The legal systems of Germany and Austria are very close to the Czech one, therefore the acquired knowledge might become an inspiration for considerations of possible future legislative changes in the Czech Republic (also considering that while the integration of other cultures is still a relatively new topic in here, the above mentioned other states have already much more experience on this field). Another reason why this choice was made is also a wide range of interesting court decisions concerning the topic of this thesis mainly in Germany, but also in Austria. The description of the formulation of the Freedom of Religion in general is followed by the theoretical description and praxis of teaching Religion at public schools in the above stated countries. It is obvious from the comparison of the praxis in the aforementioned states that...
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Religious symbols in the case-law of European courts
Hnátová, Barbora ; Scheu, Harald Christian (advisor) ; Lipovský, Milan (referee)
The issue of religious symbols in European public has become very often discussed by lawyers, politicians and sociologists as well as by the lay public. This diploma thesis is trying to contribute to these discussions by comparison of case-law of European courts in the cases concerning religious symbols. The thesis therefore analyses the legal sources providing protection of religious freedom and the individual decisions of European courts regarding the presence of religious symbols in public. The thesis is divided into five chapters. The first chapter is providing the detailed analyse of the protection freedom of religion in European Convention on Human Rights and in the primary law of European Union. Then, it explains the principles of secularism and state neutrality and describes the models of relations between state and religion in Europe. The chapter two contains the introduction to the issue of religious symbols in public. The notion of "religious symbol" and "public" in the context of law is explained there. Further, it focuses on the limitations of religious symbols in public and the prohibition of concealment enacted in some of European countries. In chapter three, the cases of religious symbols in public schools are presented. The majority of European states has an interest in preserving...
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Freedom of religion - constitutional and statutory regulation and reflection in the judgements of the Constitutional Court
Kinclová, Jana ; Kudrna, Jan (advisor) ; Hofmannová, Helena (referee)
This thesis deals with the constitutional and statutory regulation of freedom of religion in the Czech Republic. The aim is to describe and evaluate the current state of legal regulation and analyse some of its aspects considering the judgements of the Constitutional Court and of the European Court of Human Rights. The thesis is composed of four chapters. The introductory chapter consists of three parts. The first part defines the basic terminology used in the following parts of the thesis. The second part examines constitutional and statutory regulation. Relevant international treaties are also mentioned. The third part focuses on the relationship between the state and religious communities, and its effect on the level of religious freedom. The second chapter concentrates on the inner dimension of freedom of thought, conscience and religion (the so-called forum internum) as an expression of inviolability of the inner life of a human. It also addresses the right to change religion or belief and problems which may result from proselytism. The third chapter deals with outer displays of religion or belief (the so-called forum externum). It describes the forms of outer displays of religion or belief, namely worship, teaching, practice and observance, enshrined not only in the Charter of Fundamental...
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Religious symbols in European Anti-Discrimination Law
Svobodová, Tereza ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
The European continent has been plagued by religious-based conflicts for centuries. While in the past the conflicts arose from disputes between the Catholic and the Protestant church, the main source of the conflicts nowadays is migration to European countries. The migration is what brings significant religious and cultural differences into the functioning traditional European society. One of the currently most discussed topics according to conflicts in Europe is the presence of religious symbols in public spaces. At this point new coming religion symbolized by the Muslim headscarf clashes the traditional religion adhered to by majority and in public areas symbolized by the Christian cross. Except for the conflict between the religions the dispute arises also between religions and the principle of secularism. The aim of my thesis is to analyze the issue of religious symbols in public area, not only in terms of religious freedom, but also in terms of equality and discrimination, protection of the rights of minorities, right to education and gender equality, as these are the issues that need to be considered in its complexity. In the thesis will further examine the question of whether and under what conditions it is possible to limit the demonstration of religious symbols in public areas and in this...
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The relationship between the state and religious communitites in the USA
Krauzová, Tereza ; Horák, Záboj (advisor) ; Tretera, Jiří Rajmund (referee)
The relationship between the state and religious communities in the USA Abstract The purpose of this thesis is to introduce the relevant aspects of the relationship between the state and religious communities in the United States of America. The focus of the thesis lies in the introduction of the development of interpretation of both religious clauses of the First Amendment to the U.S. Constitution by the Supreme Court, especially in the 20th century. This thesis aims to show, how both religious clauses, even though they were created to serve the same purpose, are in some cases interpreted in a contradicting way. The thesis also elaborates on religious freedom in the sensitive environment of armed forces, as the soldiers depend totally on services provided to them by the government. In the final part, the thesis introduces certain exceptions from the generally applicable legal provisions for the churches and religious legal entities, as well as recent development from the perspective of admitting religious freedom to business corporations. Keywords: freedom of religion, Constitution of the United States, First Amendment, churches, Supreme Court, USA
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