Abstract
Following a brief sketch of the international and European legal framework with regard to church and state, a basic typology of different church-state models will be outlined. In this framework, we can broadly distinguish five different church-state models: political atheism, political secularism (passive and assertive secularism), active state support for religions, a state church or an established church, and a theocracy.
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Notes
- 1.
The ICCPR is the principal universal (UN) human rights covenant dealing with civil and political rights, including the right to freedom of religion or belief and fundamental non-discrimination norms and principles.
- 2.
The Human Rights Committee (HRC) was established to monitor member states’ compliance with the ICCPR.
- 3.
Art. 27 of the ICCPR reads:
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.
- 4.
Art. 26 of the ICCPR reads:
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
- 5.
References
Ahdar, Rex, and Ian Leigh. 2013. Religious freedom in the liberal state, 2nd ed. Oxford: Oxford University Press.
Kuru, Ahmet. 2009. Secularism and state policies toward religion. The United States, France, and Turkey. Cambridge: Cambridge University Press.
Temperman, Jeroen. 2010. State-religion relationships and human rights law. Toward a right to religiously neutral governance. Leiden: Martinus Nijhoff.
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Franken, L. (2016). Church and State: Legal Framework and Typology. In: Liberal Neutrality and State Support for Religion. Boston Studies in Philosophy, Religion and Public Life, vol 5. Springer, Cham. https://doi.org/10.1007/978-3-319-28944-1_11
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DOI: https://doi.org/10.1007/978-3-319-28944-1_11
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