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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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Muslim Democracy in Turkey
Scholzová, Markéta ; Mlejnek, Josef (advisor) ; Váňová, Ludmila (referee)
This thesis aims to analyze the transformations of concept of secularism from a long- term perspective of the formation and consolidation of Turkish republic between 1923 - 2013. Central contention is that secularism, as a social phenomenon, was originally understood as an integral part of state-led modernization project, sponsored by Turkish armed forces between 1920s and early 1980s. However since late 1980s and particularly under AKP governments (2002 - 2014) secularism - branded as Kemalism has gradually become a subject of intense conflicts and new interpretations seeking to reconcile Turkish secularist principles with new forms of public participation driven by Islamic symbols. Keywords Democracy, secularism, authoritarian regime, Kemalism, army, political parties, AKP, islam, religious symbols, islamic clothing
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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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Freedom of Religion or Belief in the Context of European and International Law
Bartoň, Daniel ; Scheu, Harald Christian (advisor) ; Bílková, Veronika (referee) ; Machalová, Tatiana (referee)
Freedom of Religion or Belief in the Context of European and International Law This PhD dissertation focuses on selected aspects of freedom of religion or belief in Europe. It aims to introduce the legal framework in which religious freedom has to operate, and to place this essential freedom into a broader cultural, religious and human rights context. The contextualisation emphasised throughout this dissertation is based on an assumption that it is not possible to establish a pure legal notion of religious freedom that would not bear any imprint of the societal, legal, cultural and religious context of its authors; in reality, each person's understanding of religious freedom is rooted in his culture, religion and experience. This should not lead, however, to a complete rejection of the possibility of a common understanding and universal protection of religious freedom. On the contrary, it should motivate each interpreter and law-maker in the area of religious freedom to study the understandings of all persons and entities involved in a particular case or situation. Having thoroughly studied all presented claims rooted in religious freedom and having taken into consideration all other rights, principles and interests involved, it should be possible for the decision-makers to resolve the case in a...
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