The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or ...nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?
Background: Religion and its exercise are one of the most sensitive discourses in different parts of the world, especially in Nigeria. The constitution and other laws ensure citizens are afforded ...basic human rights of which religious rights are included and yet regulated. There are questions of interpretation as the extent to which such rights can be enjoyed and the efficacy of both the legal and institutional frameworks protecting religious rights in Nigeria.
Methods: This article utilises a doctrinal legal research approach utilising existing literature, statutes, and laws enacted towards the protection of religious rights in Nigeria with the consideration of primary and secondary sources of laws including the 1999 Constitution of the Federal Republic of Nigeria (as amended), judicial precedents, International Conventions, law textbooks, and peer-reviewed journals. A comparative analysis of Nigeria, Tunisia, Algeria, Turkey and Kazakhstan was done to gain perspectives on balancing conflicting interests in light of Nigeria's heterogeneous status. As part of the contribution to knowledge, a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria's public institutions is presented to further enrich Nigeria's jurisprudence.
Results: Nigeria, being a multi-ethnic and multi-religious state, demonstrates that the government must protect the public interests as it relates to religious rights regardless of faith or religion. The study reveals that the current legal approach without further legislative intervention on religious issues will be inadequate to address the problem. Therefore, this study presents a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria's public institutions to avoid harm and further enrich Nigeria's jurisprudence.
Conclusions: This study concludes that Nigeria's legal and institutional frameworks are adequate for their purpose although they must be tweaked to conform with current trends when required to be at par with the widely accepted or world standard.
Background
Religion and its exercise are among the most sensitive discourses in different parts of the world, especially in Nigeria. The constitution and other laws ensure citizens are afforded basic ...human rights of which religious rights are included and yet regulated. There are questions of interpretation as to the extent to which such rights can be enjoyed and the efficacy of both the legal and institutional frameworks protecting religious rights in Nigeria.
Methods
This article utilises a doctrinal legal research approach utilising existing literature, statutes, and laws enacted towards the protection of religious rights in Nigeria with the consideration of primary and secondary sources of statutes including the 1999 Constitution of the Federal Republic of Nigeria (as amended), judicial precedents, International Conventions, law textbooks, and peer-reviewed journals. A comparative analysis of Nigeria, Tunisia, Algeria, Turkey and Kazakhstan was done to gain perspectives on balancing conflicting interests in light of Nigeria's heterogeneous status. As part of the contribution to knowledge, a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria's public institutions is presented to further enrich Nigeria's jurisprudence. A hybrid model is an approach that combines different sources or methodologies by integrating two or more distinct frameworks to leverage their strengths and effectively address specific needs or challenges. It is utilized to achieve synergy and maximize outcomes by blending diverse legal approaches in law.
Results
Nigeria, being a multi-ethnic and multi-religious state, demonstrates that the government must protect the public interests as it relates to religious rights regardless of faith or religion. The study reveals that the current legal approach without further legislative intervention on religious issues will be inadequate to address the problem. Therefore, this study presents a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria's public institutions to avoid harm and further enrich Nigeria's jurisprudence.
Conclusions
This study concludes by emphasizing the inadequacy of Nigeria's legal and institutional frameworks regarding the protection of religious rights and the right to wear hijab in public institutions. Consequently, reform is deemed necessary.
Courts and Diversity de Villiers, Bertus; Isra, Saldi; Faiz, Pan Mohamad
2024, Volume:
12
eBook
Open access
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with ...flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
The existence of social conditions for practicing the rights and freedom of religion is not expressed by proclaiming the values, but by enabling them in practice. Research shows that social ...conditions for practicing the rights and freedom of religion, on numerous occasions, are expressed (only) by limiting the practice and freedom of religion of high school and university students. On the other hand, most managers of these public institutions find it easier to preserve the state of ignoring the practice of religion and leading it towards complete intimidation rather than enabling the students to practice religion freely. From the arguments stated above, we can conclude that the practice of religion in public institutions of the city of Tuzla is treated in a discriminating manner, in a discourse advocating on behalf of secularism as an ideology, even though the practice of the rights and freedom of religion does not represent a violation of a secular order. These restrictions are exercised through the ignoring of the practice of religion based on the collective lack of knowledge and preconceptions on the Code of Islam. These are also influenced by the collective ignorance on the rights and freedom of religion, the ignorance of practitioners of religion as well as those who ignore the needs of believers. This work shows specific problems and solutions for this issue, which were examined during research.
Religious rights as enshrined in the Zimbabwean constitution are sacrosanct, however, when church doctrine bars followers from seeking modern medical care, they start infringing on health rights ...especially of the ‘lesser beings’ the women and children who are members of these religious sects. The ‘lesser beings’ are bearing the brunt of high maternal and neonatal mortality as they depend on unsafe traditional birth attendants and unconventional medicine. This study is ethnographic and presents lessons learnt from a programme aiming to improve maternal, newborn and child health outcomes among the Apostolic Church of Johanne Marange members in Manicaland province, Zimbabwe. The findings show that despite the stringent doctrine and barriers placed on apostolic members who want to access conventional medicine, the women and children are using clandestine approaches to circumvent the doctrine and barriers. This article argues that a barrage of unconventional and conventional approaches can lead to changes in health-seeking behaviour of the apostolic church and ultimately maternal and child health outcomes. The article argues that the intransigence of the apostolic can only be overcome by covert approaches to providing health services and save lives.
