Law and Religion in the 21 st Century Relations between States and Religious Communities

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1 Law and Religion in the 21 st Century Relations between States and Religious Communities Edited by SILVIO FERRARI University of Milan, Italy and RINALDO CRISTOFORI University of Milan, Italy ASHGATE

2 Contents List of Figures List of Tables List of Contributors Preface List of Abbreviations ix xi xiii xvii xix 1 A Perspective from the Sociology of Religion 1 Grace Davie PART I PATTERNS OF LAW AND RELIGION 15 2 State and Religion in South Africa: Open Issues and Recent Developments 17 Lourens M. du Plessis 3 States and Religions in West Africa: Problems and Perspectives 33 Fatou Kine Camara 4 Religious Communities and the State in Modern India 53 Tahir Mahmood 5 State and Religion in Japan: Yasukuni Shrine as a Case Study 65 Hiroaki Kobayashi 6 Religion and the State in the United States at the Turn of the Twenty-first Century 79 W. Cole Durham Jr. and Robert T. Smith 7 Religions and Law: Current Challenges in Latin America 111 Juan Navarro Floria PART II LAW AND RELIGION IN EUROPE: INTRODUCTION AND CASE STUDIES State and Religion in Europe 131 Giuseppe Casuscelli

3 vi Law and Religion in the 21st Century Section I Central and Eastern Europe 9 States and Religions in Post-Communist Europe 147 Giovanni Barberini 10 The Recent Developments of Church-State Relations in Central Europe 157 Baldzs Schanda 11 Church and State Relations in the Czech Republic and in Slovakia 167 Antonello De Oto Section II Northern Europe 12 States and Churches in Northern Europe: Achieving Freedom and Equality through Establishment 181 Marco Ventura 13 Not Even Believing in Belonging: States and Churches in Five North-European (Post-) Lutheran Countries 187 Lisbet Christoffersen 14 Church and State in the United Kingdom: Anachronism or Microcosm? 199 Mark Hill PART III CURRENT DEBATES 211 Section I Freedom of Expression/Freedom of Religion 15 Protection Against Religious Hatred under the United Nations ICCPR and the European Convention System 215 Jeroen Temperman 16 Religious Freedom and Freedom of Expression in France 225 Blandine Chelini-Pont Section II Proselytism: Limits and Guarantees of a Debated Right 17 Proselytism and the Right to Change Religion 243 Asher Maoz 18 Proselytism and the Right to Change Religion in Islam 253 Roberta Aluffi Beck-Peccoz

4 Contents vii 19 Proselytism and the Right to Change Religion in Israel 261 Aviad Hacohen 20 Proselytism and the Right to Change Religion: The Romanian Debate 279 Nicolae Dura Section HI Different Approaches to Religious Symbols in Public Spaces 21 Religious Symbols: An Introduction 291 Malcolm D. Evans 22 Religious Symbols between Forum Internum and Forum Externum 297 Peter Petkoff 23 A Brief Introduction to the Religious Symbols Debate in Italy and the United States 305 Adelaide Madera 24 The European Court of Human Rights on Religious Symbols in Public Institutions - A Comparative Perspective: Maximum Protection of the Freedom of Religion through Judicial Minimalism? 313 Hans-Martien Th. D. ten Nape I and Florian H.K. Theissen 25 Civil Religion and Religious Symbols in Public Institutions in Russia 323 Elena Miroshnikova Section IV The Legal Status of Islam in Western States 26 The Current Debate on Islam 333 Mathias Rohe 27 Canadian Muslim Women and Resolution of Family Conflicts: An Empirical Qualitative Study ( ) 339 Anne Saris and Jean-Mathieu Potvin 28 The Implementation of the 1992 Agreement in Spain 349 Carmen Garcimartin 29 Islam at the Threshold 359 Andrea Pin

5 viii Law and Religion in the 21st Century 30 Conclusion 369 Silvio Ferrari Index 377

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