LEGAL FRAMEWORK FOR RELIGIOUS FREEDOM: INTERNATIONAL AND NATIONAL EXPERIENCE
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 64, Issue 3
Abstract
The article analyzes the international and national legislation of Ukraine and other states, which regulates religious freedom. It is applied methods of comparative legal analysis, doctrinal analysis and other methods that allow to compare different approaches to the legal regulation of this problem. The need for this study is due to the different degree of tolerance to different religious views in different countries, the observance of human and citizen rights and freedoms associated with free manifestations of religious cults and differences in the legal and regulatory provision of free religion manifestation in connection with the change in communicative paradigm, when the borders of states ceased play a role in the spread of religious diffusions. The purpose of this article is to summarize international, foreign and national legislation in the field of legal regulation the religious freedom. The goal of the article is to formulate the perspectives of improving legislative support for the exercise of religious freedom in Ukraine. Characterization of the legislation of individual national legal systems, as well as the norms of international law, gives grounds to assert that at present there is a need for the drafting and adoption by civilized countries of a draft international legal instrument on the settlement of religious freedom itself. Harassment and restrictions in national laws of some countries are not adequately provided for by the norms of UN acts and regional international acts. At the same time, the elaboration and adoption of an international convention on freedom of conscience can give accenting countries and clearly formulated guarantees of non-discrimination on this basis. Separately, it should be noted the need to create a mechanism for the inevitability of liability for violation of such norms, which is an important prospect for further research in this area.
Authors and Affiliations
Yuriy Paida
Keywords
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- EP ID EP406066
- DOI 10.32366/2523-4269-2018-64-3-40-45
- Views 127
- Downloads 0
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