1st Edition

Protecting the Religious Freedom of New Minorities in International Law

By Fabienne Bretscher Copyright 2020
248 Pages
by Routledge

246 Pages
by Routledge

246 Pages
by Routledge

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC).  New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and... Read more
Chapter 1: The protection of new minorities in a pluralist international legal order;

Chapter 2: Comparing the standards developed for the protection of the right to freedom of religion by the ECtHR and the HRC;



Chapter 3: A typology of the case law regarding new minorities;



Chapter 4: A closer look at the reasoning in the case law regarding new minorities;



Chapter 5: Pinpointing divergence in the international protection of new minorities’ right to freedom of religion;



Chapter 6: Explaining divergence from a new minorities perspective;



Chapter 7: Mitigating divergence: a toolbox;



Conclusion;

Biography

Dr Fabienne Bretscher obtained her PhD from the University of Zurich, where she was a research fellow and teaching assistant at the Institute for International Law and Comparative Constitutional Law. Moreover, she was awarded a scholarship from the Swiss National Science Foundation allowing her to conduct research at the Department of International and European Law of the Erasmus University Rotterdam and the Eurac Institute for Minority Rights in Bolzano.