The European Struggle with Religious Diversity: Osmanoǧlu and Kocabaş v. Switzerland

Plessis, Georgia du

doi:10.1093/jcs/csx052

Cited by 3 publications

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“…At least in Europe there is a threat that equality is selectively positioned against religious freedom, not to strengthen the rights of LGBT people but to foster an anti-liberal cultural homogeneity and nativist forms of nationalism. This can be seen in controversies about, for instance, Muslim men and women refusing to shake hands with the opposite sex and exemptions from compulsory swimming lessons inclusive of boys and girls (Plessis 2017), and by tendencies to politically instrumentalize LGBT rights especially against immigrants (Mepschen, Duyvendak, and Tonkens 2010). Tebbe's approach can help us to even identify and understand such problems if it is amended by sharper and more social-critical methodological tools than those that are included in the social cohesion approach that he proposes in Religious Freedom in an Egalitarian Age.…”

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But There Is No Conceptual Level Playing Field! Challenges to Nelson Tebbe’s Social Cohesion Approach to Religious Diversity

Baumgartner

2018

Journal of the American Academy of Religion

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Nelson Tebbe's Religious Freedom in an Egalitarian Age addresses an important political ethical issue: namely, the question how conflicts between religious freedom and equality should be resolved, as a matter of law. Such conflicts include, for instance, the refusal of religious business owners to provide services to same-sex couples, public officials objecting to samesex marriages for religious reasons, and matters of state (de)funding of religious organizations (e.g., adoption agencies) that discriminate on the basis of LGBT status. Tebbe identifies two more specific questions that he aims to answer in his book. First, we need to know how we can attain warranted positions on questions of religious freedom-that is, what we can or must do, how we should reason and argue about these matters. This is the methodological component of the book. Second, Tebbe asks how particular legal issues should be resolved. This is the substantive component of the book (8). I focus on the methodological component here, and my thoughts and comments are situated in the context of current debates about religious diversity and the role of religions in the public domain in many European societies. The fact that my considerations are informed by

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confidence: 99%

But There Is No Conceptual Level Playing Field! Challenges to Nelson Tebbe’s Social Cohesion Approach to Religious Diversity

Baumgartner

2018

Journal of the American Academy of Religion

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Islam, Europe, and the Problem of Peace

Calo

2020

Why Religion? Towards a Critical Philosophy of Law, Peace and God

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Conceptualizing the Right to Sport: Why Should Trivial Participation in Sport Be Regarded as a Human Right?

Di Marco

2024

Interdisciplinary Studies in Human Rights

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Considering its extraordinary capacity to be a vehicle of rights, and to give meaning to reality, sport is among the most important trivial subjects in the world. Discriminated groups, which are denied (or substantially limited) access to the practice of sport, demand not only their right to participate in sporting activities but also the recognition of this claim as valid by society and public authorities. This chapter proposes the idea that expanding the catalogue of human rights, by including the right to sport, is supported by the existing body of international human rights law. It would reinforce the protection of human rights in sporting contexts by enhancing the unity of fragmented claims founded on a plurality of legal instruments. Taking into consideration the thesis that inclusive and non-discriminatory access to sporting activities would be an amalgamation of several treaty-based rights, the legal foundations of the right to sport are explained and evaluated. By verifying the legal relationship between access to sporting activities and sport’s social functions, the beneficiaries of such a right are investigated, and the obligations for national and sporting authorities are explored. By arguing that the right to pursue personal development would play a central role, while the right to health and education would be complementary, this chapter strives to answer the essential ethical question of why the trivial participation in sport should be considered an inherent right of the human being, cutting through the considerable confusion surrounding the right to sport.

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The European Struggle with Religious Diversity: Osmanoǧlu and Kocabaş v. Switzerland

Cited by 3 publications

References 0 publications

But There Is No Conceptual Level Playing Field! Challenges to Nelson Tebbe’s Social Cohesion Approach to Religious Diversity

But There Is No Conceptual Level Playing Field! Challenges to Nelson Tebbe’s Social Cohesion Approach to Religious Diversity

Islam, Europe, and the Problem of Peace

Conceptualizing the Right to Sport: Why Should Trivial Participation in Sport Be Regarded as a Human Right?

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