Faith in Courts: Human Rights Advocacy and the Transnational Regulation of Religion

This book examines how religious actors and advocacy groups have litigated the right to freedom of religion at the European Court of Human Rights over the past 30 years, using in-depth interviews with NGOs, religious representatives, lawyers, and legal experts.

Format: Hardback
Length: 256 pages
Publication date: 01 December 2022
Publisher: Bloomsbury Publishing PLC

The longstanding recognition of the judicialization of religious freedom conflicts has prompted a growing interest in exploring the active involvement of religious actors and advocacy groups in this process. However, limited scholarly attention has been devoted to examining the significant role played by these groups in litigating the right to freedom of religion at the European Court of Human Rights (ECHR) over the past three decades. In response to this gap, this important book offers a comprehensive examination of how Jehovahs Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives, and their global support networks have engaged in legal battles at the ECHR to safeguard their religious freedoms.

Drawing upon extensive interviews with non-governmental organizations (NGOs), religious representatives, lawyers, and legal experts, the book provides a profound analysis of the social dynamics that shape transnational legal mobilization and the ways in which legal mobilization influences discourses and conflict lines within the field of transnational law.

The book begins by providing a historical overview of the ECHR and its role in protecting religious freedom. It then delves into the specific cases of Jehovahs Witnesses, Muslims, Sikhs, Evangelicals, and Christian conservatives, examining their legal challenges and the strategies they employed to defend their religious rights. The authors analyze the legal arguments and arguments presented by these groups, as well as the responses of the ECHR and other international legal bodies.

One of the key findings of the book is the significant influence that religious actors and advocacy groups have on the legal discourse surrounding religious freedom. Through their litigation and advocacy efforts, these groups have shaped the interpretation of international legal standards and contributed to the development of transnational legal norms. They have also played a crucial role in raising awareness about religious freedom issues and mobilizing support for their causes.

The book also highlights the challenges and complexities faced by religious actors and advocacy groups in their legal battles at the ECHR. The authors note that the ECHR's interpretation of religious freedom is often influenced by broader political and social contexts, and that religious groups may face discrimination and hostility from governments and other actors. They argue that religious actors and advocacy groups must navigate a complex web of legal and political considerations to achieve their goals.

Furthermore, the book explores the role of global support networks in facilitating transnational legal mobilization. It examines how these networks provide financial, logistical, and moral support to religious groups and help them navigate the complex legal terrain of the ECHR. The authors argue that global support networks are essential in ensuring that religious freedom is protected on a global scale and that religious groups can access legal assistance and resources regardless of their location or financial resources.

In conclusion, this book is a valuable contribution to the field of transnational law and religious freedom. It provides a comprehensive analysis of the active role played by religious actors and advocacy groups in litigating the right to freedom of religion at the European Court of Human Rights over the past three decades. Through its in-depth interviews and analysis, the book sheds light on the social dynamics that shape transnational legal mobilization and the ways in which legal mobilization influences discourses and conflict lines in the field of transnational law. The book is a must-read for scholars, policymakers, and activists interested in understanding the dynamics of religious freedom and the role of legal mobilization in safeguarding religious rights.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509945047