The Naming of Religious Groups: A Human Rights Analysis

A logo of the Mount Sinai Health System, an example of “denominational trademarks” / Shutterstock

In this series, contributors discuss the naming of religious entities as a religious freedom issue. Focusing on Australia, Bulgaria, Estonia, Poland, Romania, Spain, and Ukraine, they analyze regulations implemented or considered in these states to restrict the autonomy of religious groups in choosing a name. From the perspective of human rights law, this autonomy, as an aspect of freedom of religion or belief, is not absolute. States are allowed to proportionally interfere in the naming of religious organizations to balance religious autonomy against the rights of others or other legitimate values, such as protection of intellectual property.

(more…)

Continue Reading The Naming of Religious Groups: A Human Rights Analysis

Legal Restrictions on Names of Religious Groups in Australia

Jeremy Patrick is a senior lecturer at the University of Southern Queensland School of Law and Justice.

In Australia, religious groups are largely able to operate with autonomy and with very little government oversight—including over the names they wish to operate under. This is not to say that the government imposes no limitations whatsoever but that any limitations will arise only in very specific contexts, and for the vast majority of religious groups the vast majority of the time, these hypothetical limitations are of no real concern. In this brief post, I canvas the contexts of denominational trademarks, incorporation, charitable registration, marriage ordination, direct legislative protection, and schism. This brief overview shows that, apart from church property disputes after a schism, judicial and legislative restrictions on religious group names are rare and scattered.

(more…)

Continue Reading Legal Restrictions on Names of Religious Groups in Australia

Names of Churches and Religious Associations in Poland

Mieczysław Różański is a professor at the University of Warmia and Mazury, in Olsztyn (Poland).

Piotr Szymaniec is a professor at Angelus Silesius University of Applied Sciences, in Wałbrzych (Poland).

The Polish Constitution of 2 April 1997 regulates relations between the state and churches and religious associations in Article 25, located in the first chapter, titled Rzeczpospolita (The Republic). The positioning of this regulation at the beginning of the Constitution demonstrates the importance the Constitution’s authors attached to the community dimension of freedom of religion. Article 25(3) specifies that state-religion relations are to be shaped in accordance with principles of respect for the autonomy of churches/religious associations and the state, and their mutual independence, as well as cooperation between churches/religious associations and the state “for the good of an individual and the common good.” Thus, the Constitution establishes a model of relations between the state and churches/religious associations based on cooperation rather than strict separation.

(more…)

Continue Reading Names of Churches and Religious Associations in Poland