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The Formula ‘Freedom of Religion or Belief’ in the Laboratory of the European Union
Author(s) -
Marco Ventura
Publication year - 2020
Publication title -
studia z prawa wyznaniowego
Language(s) - English
Resource type - Journals
eISSN - 2544-3003
pISSN - 2081-8882
DOI - 10.31743/spw.9833
Subject(s) - context (archaeology) , conversation , terminology , european union , action (physics) , consistency (knowledge bases) , freedom of religion , political science , promotion (chess) , law , sociology , human rights , epistemology , law and economics , linguistics , history , mathematics , philosophy , economics , international trade , physics , geometry , communication , archaeology , quantum mechanics , politics
This article argues that more and better knowledge about the past and present of the formula ‘freedom of religion or belief’ is likely to result in a stronger consistency between the terminology and the concept, while being conducive to a richer national and international conversation on the protection and promotion of ‘religion or belief’ related rights and freedoms. In the first section (The emergence) the author maps the chronology and context of the emergence of the formula: while confirming the importance of the United Nations, it is emphasized that UN documents were not alone, and were not in isolation. In particular, the importance of the Conference, then Organisation for Security and Cooperation in Europe, and of a general international conversation, accelerated by the adoption in 1998 of the US International Religious Freedom Act, is underlined. In the second section (The features) the most significant features of the formula are identified, and it is suggested that those features should be taken as the reasons why in the last two decades the formula has proved successful at the UN and OSCE level, as well as in the context of the European Union, mainly in its external action. In the third section (The EU laboratory) the formula is mapped in the EU context and the EU framework is interpreted as a laboratory where the formula is received, challenged and reinvented in a variety of ways. In the fourth and final session (The translation) ten sets of questions are offered with respect to the linguistic and legal translation of the formula in EU Member States. If addressed, it is held, those questions might considerably improve knowledge on the formula in both its top-down and bottom-up dynamic unfolding, thus empowering scholars and actors engaged with combining the global power of the formula in English and its variations in different languages and cultures.

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