Contemporary Challenges of Religious Freedom: State Neutrality and the Role of Religion in Public Life

Montserrat Gas-Aixendri is a Full Professor of Law and Religion at Universitat Internacional de Catalunya (Barcelona, Spain)

Today, the political, social and cultural context in which the question of religious freedom is posed has significantly changed. In the West, the different forms of religious affiliation affect in a new way the composition of personal identity, the interpretation of social ties and the pursuit of the common good in a structurally interreligious, intercultural and inter-ethnic social context. The International Theological Commission analyzes in the document “Religious Freedom for the Good of All”, the new challenges of religious freedom since the promulgation of the conciliar Declaration Dignitatis Humanae in 1965.

Two key aspects of this new scenario are (1) the interactions between the liberal democratic State and its idea of ​​religious neutrality; and (2) the social role of religious communities. Traditionally, the various forms of religious communities have been perceived socially as important factors of mediation between individuals and the State. Today the relevance of religious communities is compromised against the liberal-democratic model of the State and the techno-economic direction of civil society (para2).

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WEBINAR: Advancing Religious Freedom in Different Political Regimes

Webinar Presented by the International Center for Law and Religion Studies’ Blog

“Talk About: Law and Religion”

7 June 2020

9:00 a.m. (Mountain Time), 17:00 (Central European time)

This webinar will highlight opportunities and successful stories, as well as challenges and failures in advancing religious freedom globally. Five distinguished panelists will share their personal experience of promoting religious freedom on political and legal levels, as well as in communities, education, and academia ranging from Iraq to Eastern Europe. What model of religious freedom should be promoted? What obstacles do religious freedom defenders face in non-democratic regimes and young democracies? How have they interacted with local politicians and other important public actors? How does advocating for religious freedom contribute to a broader human rights agenda and the common good? What are more important—legal and political reforms or religious literacy programs and promoting religious tolerance? What are realistic results to be achieved? Why are international religious freedom programs sometimes ineffective and being criticized?

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Limited Progress: Religious Freedom and Covenantal Pluralism in Uzbekistan

Dmytro Vovk is Director of the Centre for the Rule of Law and Religion Studies, Yaroslav Mudryi National Law University in Kharkiv, Ukraine, and co-editor of Talk About: Law and Religion

Elizabeth A. Clark is Associate Director, International Center for Law and Religion Studies and Regional Advisor for Europe at the J. Reuben Clark Law School, Brigham Young University

In December 2020, the U.S. State Department announced that Uzbekistan would be removed from its Special Watch List for religious freedom violations. Some observers welcomed this decision celebrating the country’s significant progress in protecting religious freedom, while others were more pessimistic, claiming that many burdensome restrictions are still in force and there is much work to be done by the government in order to meet international standards. As legal scholars who have closely studied Uzbekistan’s laws and political culture vis-à-vis religion, we take a mixed view: real progress has been made, but continuation and consolidation of progress will require significant “top-down” and “bottom-up” engagement and reform.

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