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Expression And Regulation Of Religious Dress Under The Background Of Religious Freedom

Posted on:2019-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ShiFull Text:PDF
GTID:2416330545957175Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Freedom of religious belief,as a basic human right,has been widely recognized and accepted by the international community.It includes two aspects:freedom of religion and religious behavior.The former as an internal liberty is an absolute right,while the latter,as an external liberty,is a relative right which also should be restricted by law like other basic citizen rights.Though the religious dress is considered as a form of expression of external religious freedom,its freedom also has boundaries and limits and also should be regulated.This article aims to define the boundaries of expression and regulation of religious dress from the perspective of guaranteeing religious freedom.The full text is divided into four chapters.The first chapter describes the basic content of freedom of religious belief.It is divided into two parts.The first part introduces the legislative basis for freedom of religious belief.This allows us to understand the legal origins of freedom of religious of religious belief more fully.As a basic human right,it has been widely recognized by international conventions and national constitutions.The second part analyzes the theoretical basis of religious freedom.This part gives a brief description about the concepts,contents,and limitations of the principle of freedom of religious belief and the separation of church,what's more,it also analyses the the necessity and significance of guaranteeing the freedom of religious belief,as well as the relationship between the principle of separation of state and religion.The second chapter introduces the problems of the rule of law related to the expression of religious costumes,summarizes the disputes caused by the expression of religious costumes abroad and the ban on the expression of religious costumes at home and abroad,and the resulting "sure opinion" and " negating opinion" that the two factions and their reasons were outlined,it was inferred that the focus of the debate was on the boundary of the freedom of religious belief represented by religious dress expression.The third chapter makes a comprehensive analysis about the three cases of European Court of Human Rights controversy on the expression of religious dress through three aspects of the case analysis,judgment result and case analysis,as a result,it deduces the basis of the European Court of Human Rights when dealing with similar cases,namely When European human rights courts hear cases concerning disputes over religious dress expression,they are usually divided into three steps:reviewing the scope of protection of religious freedom rights,reviewing restrictions on freedom of religious belief,and reviewing the constitutionality of restrictive behavior.The fourth chapter,based on the theoretical groundwork and analysis of judicial practice,reexamines the issue of regulation of religious dress expression from the perspective of freedom of religious belief.By comparing domestic and foreign relevant legislation and practice,the basic idea of regulating the expression of religious costumes was put forward,and specific practical suggestions for solving the disputes in the expression of religious costumes were put forward.
Keywords/Search Tags:Freedom of religious belief, Separation of state and church, Expression of religious dress, Regulation
PDF Full Text Request
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