EVENTS

12/09/2018
The Fifth ICLARS Conference - Living Together in Diversity: Strategies from Law and Religion

CONCEPT PAPER
Demographic projections indicate that cultural and religious diversity will increase dramatically in the coming decades in many parts of the world. What are the contributions that law and religion studies can give in response to the challenges posed by increasing religious and cultural diversity?  What are the political, legal and sociological strategies “from law and religion” that can enable citizens to live together with religious and cultural difference?

Granting freedom of religion or belief to everyone is obvious. But what theological and philosophical conceptions and what political and legal practices of freedom of religion or belief are most helpful in addressing cultural and religious diversification. Historically, differing conceptions and practices have been dominant in various regions of the world. Today freedom of religion or belief is granted in many different ways on a continuum between the two extremities of promoting equality or encouraging diversity. In Western countries, freedom of religion or belief has been primarily granted through equality, discarding the regimes of religiously-based personal laws that were in force until the 18th century and replacing them with a uniform State legal system. In other parts of the world – India or South Africa for example – freedom of religion or belief is promoted through diversity, maintaining systems of personal laws that give citizens different civil (and sometimes even political) rights based on religious confession. Both systems have their weak and strong points and cannot be understood without taking into consideration the history, culture, and social conditions of different parts of the world. What is the impact of increasing religious and cultural diversification on different iterations of freedom of religion or belief and what are the best strategies to make freedom of religion or belief an effective tool for living together in diversity are the questions which lie at the core of this conference.

THE CONFERENCE GENERAL THEME IS SUBDIVIDED INTO THE FOLLOWING TOPICS
1.    Majorities and Minorities (including indigenous peoples). Is the distinction between religious majorities and minorities a helpful starting point to approach the issue of freedom of religion or belief as a tool for “living together in diversity”? Is speaking of majorities and minorities harmful to the respect of individual rights, including the right to freedom of religion or belief? What are the best legal strategies to grant freedom of religion or belief to both majorities and minorities? Should indigenous people be set apart as a specific group that deserves protection or should they be included in the broader category of minority? Is State recognition of the customary law of indigenous populations a helpful tool to safeguard cultural and religious diversity?

2.    Private and Public life (education, family). Is the distinction public/private meaningful for strategies of granting freedom of religion or belief and living together in diversity? Is it helpful in areas of human life (education, family and so on) that include a public and private dimension? Is a more inclusive notion of public life required to address the issue of religious and cultural diversification? How far can we go in thinking of a plural family law and a plural education system?

3.    Religious freedom (laws that may or may not contribute to living together in diversity). Is “living together in diversity” dependent on a strong notion and practice of freedom of religion or belief? What is the role and place of freedom of conscience? How much does religious and cultural diversification affect the way we conceive and practice freedom of religion or belief? What conceptions of freedom of religion or belief have historically proved to be more conducive to a society where living together in diversity is possible? International law regulates freedom of religion or belief: is it also capable of addressing religious and cultural diversity?

4.    Structural and institutional level (citizenship, neutrality). Are forms of “differentiated citizenship” required or helpful in order to live together in difference? What impact could it have on freedom of religion or belief and equal treatment? Is the notion of “neutrality” scientifically sound and, if so, what is its content when applied to State laws? Is the separation of State and religion an effective strategy for maximizing freedom of religion or belief in a highly diverse society? What other strategies could be devised? Are States with a dominant religion inherently hostile to the promotion of religious diversity? Should religious diversity find expression at a political level, through the creation of religiously-based political parties?

PROVISIONAL PROGRAM

Wednesday 12

1,30 – 6,30 pm

Arrival and Registration (PUC-Rio, Law School, 7th floor)

3,30 – 5 pm

 

 

 

 

 

PARALLEL SESSIONS

SESSION I: YOUNG SCHOLARS’ PRESENTATIONS (Auditorium B8-A)

Sohail Wahedi (Erasmus School of Law, Netherlands): “Religious Freedom and Living Together in Diversity: A Peaceful Combination?”

Werner Nel (Tshwane University of Technology & Religious Liberty Commission, South Africa): “A taxonomy of crimes against humanity of religious persecution in terms of the Rome Statute.”

Tamar de Waal (Erasmus School of Law, Netherlands): “Equal Citizenship and the Judeo-Christian Leitkultur of Western democracies.”

 

Mohammed Jemal Ahmed and Seid Demeke Mekonnen (Wollo University/City University of Hong Kong): “Social Medias as an Alternative Space for Faith: Inter and Intra-Religions Polemics among the Ethiopian Diasporas.”

3,30 – 5 pm

SESSION II: LATIN AMERICAN YOUNG SCHOLARS’ PRESENTATIONS (Auditorium B8-B)

 

Elena López Ruf (Pontificia Universidad Católica Argentina): “Paradigms of relations between State and Religion, State organizational design and intercultural dialogue policies.”

 

Maria Delfina Orpelli (Pontificia Universidad Católica Argentina): “Does the exhibition of religious symbols in the public spaces of court house violate individual rights? A resolution by the Hight Court of La Pampa.”

 

Alexia Duarte Torres (Universidade Federal de Minas Gerais): “Social pluralism, state and religious freedom: an analysis of Herman Dooyeweerd’s theory of the spheres of justice.”

5 – 5,15PM

REFRESHMENTS (7th floor)

5,15 – 6,45 pm

WELCOMING

PUC-Rio Rector, Pe. Josafá Carlos de Siquiera S.J.

PUC-Rio Dean, Prof. Francisco de Guimaraens

ICLARS President, Ana María Celis B.

Keynoter speaker: Silvio Ferrari

7 – 8 pm

Welcoming Cocktail (Salão da Pastoral)

Thursday 13

9 – 10,30 am

PLENARY SESSION I — MAJORITIES AND MINORITIES (INCLUDING INDIGENOUS PEOPLES) (Auditorium B6)

Is the distinction between religious majorities and minorities a helpful starting point to approach the issue of freedom of religion or belief as a tool for “living together in diversity”? Is speaking of majorities and minorities harmful to the respect of individual rights, including the right to freedom of religion or belief? What are the best legal strategies to grant freedom of religion or belief to both majorities and minorities? Should indigenous people be set apart as a specific group that deserves protection or should they be included in the broader category of minority? Is State recognition of the customary law of indigenous populations a helpful tool to safeguard cultural and religious diversity?

Speakers

Mark Hill (Cardiff University, United Kingdom)

Emerson Giumbelli (Federal University of Rio Grande do Sul, Brazil)

10,30 – 11 am

REFRESHMENTS (8th floor or 606 Frings)

11 am – 12,45 pm

PARALELL SESSIONS I — DIFFERENT APPROACHES ON MAJORITIES AND MINORITIES (INCLUDING INDIGENOUS PEOPLES AROUND THE WORLD)

 

Session I: “Online Atlas of religious minorities rights in the Council of Europe countries” (Auditorium B6)

Presentation of the project by his author, professor Silvio Ferrari.

 

Session II (Auditorium B8-A)

Speakers:

-          Abbas Panakkal (International Interfaith Initiative): “Living Together in Diversity: Matrilineal and other Models from Malabar.”

-          Rosa Maria de Codes (Universidad Complutense de Madrid, Spain): “Reasonable accommodations in a secularized Europe in the face of integration challenges: strategies from law and religion.”

-          Shuxi Yin (Shantou University, China): “Living Together with Muslim Minority in Xinjiang.”

-          Diana Ginn (Dalhousie University, Canada): “Freedom of Religion and the Protection of Aboriginal Spiritualities in Canada.”

-          Rodrigo Alves (Universidade Uberlandia, Brazil): “Religious diversity and the protection of minority rights in the Inter-American Human Rights System.”

 

Session III (Auditorium B8-B)

Speakers:

-          Ewelina Ochab (University of Kent): “A new approach to help Iraqi minorities.”

-          Rodrigo Cespedes (Max Planck Institute for Social Anthropology [Halle]/Law & Anthropology Department): “Religion and indigenous people in the Americas.”

-          Jay Wexler (Boston University School of Law): “In Defense of Public Religious Cacophony.”

-          Mohamed Saeed M. Eltayeb (Member of Ministry of Foreign Affairs, Qatar): “The Quest for Ensuring Intra-religious Diversity in Islamic Tradition.”

 

Session IV (602 Frings)

Speakers:

-          Ahmed Salisu Garba (Law Bauchi State University, Nigeria), “The Rights of Muslim Religious Minorities under Muslim majority Rule: Nigeria, Saudi Arabiya and Iran under Scrutiny”

-          René Pahud de Mortanges (University of Fribourg, Switzerland), “How Swiss Law deals with religious minorities. Chances and pitfalls in assuring freedom of religion.”

-          Maria das Dores Campos Machado (Universidade Federal do Rio de Janeiro, Brazil): “Religion, Politics and Human Rights in Brazil today.”

1 – 2 pm

LUNCH (Salão da Pastoral)

2,15 – 3,45 pm

PARALELL SESSIONS II — PRIVATE AND PUBLIC LIFE (EDUCATION, FAMILY)

 

Session I: “Freedom of religion and education: singular experiences” (Auditorium B6)

Speakers:

-          Neil Foster (Newcastle Law School, Australia): “Freedom of religion in the public education system: The Australian experience.”

-          Kyriaki Topidi (Faculty of Law University of Luzern, Switzerland): “Faith Based Education and Equality: Towards an Education of Prejudice? – The example of faith schools in England.”

-          Alison Mawhinney (Bangor University, United Kingdom): “The limits of protecting religion or belief in a public education system: the case of England and Wales.”

-          Fabio Leite (PUC-Rio, Brazil): “Controversy about religious education in Brazilian public schools.”

 

Session II: “Different perspectives in private and public space” (Auditorium B8-A)

Speakers:

-          Georgia Du Plessis (University of Antwerp / University of the Free State): “The liberal division between the public and private spheres and its effect on the right to religious freedom in public schools.”

-          Carlos Alberto Baena Lopez and Enrique Amadeo Montes Pérez (Association Miraisme International): “Democracy and Pluralism: The Political Expression of Religion in the 21st Century.”

-          Ana Maria Celis and Sebastian Zarate (Pontificia Universidad Católica de Chile / Universidad of los Andes, Chile): “A comparative analysis of Pope Francis’ media coverage: religious freedom and the secular state.”

-          Juan Pablo Pérez León Acevedo and Thiago Felipe Alves Pinto (Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order/University of Oxford): “Freedom of religion or belief and protection of places of worship: A human-rights based analysis of the Al Mahdi case at the International Criminal Court.”

 

Session III: Religious Freedom, State Neutrality and Education (English and Spanish w/o translation)

 

Speakers:

-          Santiago Cañamares (Universidad Complutense de Madrid, Spain)

-          María José Valero (Universidad Complutense de Madrid, Spain)

-          Silvia Meseguer (Universidad Complutense de Madrid, Spain)

-          Belén Rodrigo (Universidad Complutense de Madrid, Spain)

-          Ana María Vega Gutiérrez (Universidad La Rioja, Spain)

3,45 – 4,15 pm

REFRESHMENTS (8th Floor or 606 Frings)

4,15 – 5,45 pm

PLENARY SESSION II — PRIVATE AND PUBLIC LIFE (EDUCATION, FAMILY) (Auditorium B6)

Is the distinction public/private meaningful for strategies of granting freedom of religion or belief and living together in diversity? Is it helpful in areas of human life (education, family and so on) that include a public and private dimension? Is a more inclusive notion of public life required to address the issue of religious and cultural diversification? How far can we go in thinking of a plural family law and a plural education system?

Speakers

Brett Scharffs (BrighamYoung University, USA)

Richard Garnett (University of Notre Dame, USA)

Javier Martínez-Torrón (Universidad Complutense de Madrid, España)

John Inazu (Washington University, USA)

6 – 7,30 pm

SPECIAL SESSION

Gerhard Robbers (Trier)

Brett Scharffs (BYU)

8pm

Dinner in Honor of Prof. Silvio Ferrari and Prof. Cole W. Durham Jr.

Friday 14

9 – 10,30 am

PARALLEL SESSION III — RELIGIOUS FREEDOM LAWS (THAT MAY OR MAY NOT CONTRIBUTE TO LIVING TOGETHER IN DIVERSITY)

 

Session I (Auditorium B6)

Speakers:

-          Evaldo Xavier Gomes (Conferencia Nacional dos Bispos do Brasil, Brazil): “Living together in the Americas: recent developments on the protection of the right to freedom of religion in the Inter-American Human Rights System.”

-          Werner Nel (Tshwane University of Technology & Religious Liberty Commission, South Africa): “The role of religious identity in determining the ‘mode of persecution’ as a crime against humanity.”

-          Hans-Martien ten Napel (Leiden Law School, Netherlands): “Can natural law serve as foundation for a truly universal right to freedom of religion or belief?”

-          Burkhard J. Berkmann (Ludwig Maximilian University of Munich, Germany): “Does Freedom of Religion Foster a Pluralism of Religious Laws in Europe?”

 

Session II

Speakers:

-          Christof Sauer (Freie Theologische Hochschule Giessen, Germany): “The Freedom of Thought Report of the International Humanist and Ethical Union: A critical assessment of methods and outcomes of a transnational comparison of FoRB.”

-          Priscilla Regina Silva (PUC-Rio, Brazil): “The Sacred Boundaries of Liberty: An Analysis on the Hate Speech Against Religion.”

-          Gregory Mose (Aix Marseille University, France): “‘Ceci n’est pas un gateau’ – the distorting effects of standards of review in religious freedom cases.”

 

Session III

Speakers:

-          Montserrat Gas-Aixendri (Universitat Internacional de Catalunya, Spain): “The “Localisation” of Religious Freedom: a challenge for the public management of religious diversity.”

-          Marek Szopski (Warsaw University, Poland): “Politicization of Religion in Contemporary Poland - from freedom of religion to religious autocracy.”

-          Greg Walsh (The Notre Dame University, Australia): “Same-Sex Marriage And Religious Liberty”.

10.30 –  11 am

REFRESHMENTS

11 am –  12,45 pm

PLENARY SESSION III — RELIGIOUS FREEDOM (LAWS THAT MAY OR MAY NOT CONTRIBUTE TO LIVING TOGETHER IN DIVERSITY) (Auditorium B6)

Is “living together in diversity” dependent on a strong notion and practice of freedom of religion or belief? What is the role and place of freedom of conscience? How much does religious and cultural diversification affect the way we conceive and practise freedom of religion or belief? What conceptions of freedom of religion or belief have historically proved to be more conducive to a society where living together in diversity is possible? International law regulates freedom of religion or belief: is it also capable of addressing religious and cultural diversity?

Speakers

Jónatas Machado (Universidade de Coimbra, Portugal)

Juan Navarro Floria (Universidad Católica Argentina, Argentina)

1 – 2 pm

LUNCH (Salão da Pastoral)

2,15 – 4 pm

PLENARY SESSION IV — STRUCTURAL AND INSTITUTIONAL LEVEL (CITIZENSHIP, NEUTRALITY) (Auditorium B6)

Are forms of “differentiated citizenship” required or helpful in order to live together in difference? What impact could it have on freedom of religion or belief and equal treatment? Is the notion of “neutrality” scientifically sound and, if so, what is its content when applied to State laws? Is the separation of State and religion an effective strategy for maximising freedom of religion or belief in a highly diverse society? What other strategies could be devised? Are States with a dominant religion inherently hostile to the promotion of religious diversity? Should religious diversity find expression at a political level, through the creation of religiously-based political parties?

Speakers

Rajeev Barghava (Centre for the Study of Developing Societies, India)

Richard Garnett (University of Notre Dame, USA)

4 – 4,30 pm

REFRESHMENTS (8th Floor or 606 Frings)

4,30 – 5,45

PARALLEL SESSION — STRUCTURAL AND INSTITUTIONAL LEVEL (CITIZENSHIP, NEUTRALITY)

Session I: “A theoretical approach to international religious freedom accords.” (Auditorium B6)

Speakers:

-          Jan Figel (EU Special Envoy on Religious Freedom)

-          Jessica Giles (The Open University, United Kingdom)

-          Zachary Calo (Hamad Bin Khalifa University, Qatar)

 

Session II (Auditorium B8-A)

Speakers:

-          Elena Miroshnikova (Leningrad State University, Russia): “Freedom of conscience as an effective strategy from law and religion.”

-          Graham Mcgeoch (Faculdade Unida de Vitoria, Brazil): “Religious Freedom, a National Church and ‘new Scots’: Does a Scottish Muslim need a National Church?”

-          Jaime Contreras (Alcala University, Spain): “Religious differences and identities: a new civil State law?”

-          Oscar Diaz (Peru), “The neutrality of the State as respect for religious diversity in Peru.”

-          Antonio Fuccillo, Francesco Sorvillo and Ludovica Decimo (Università degli Studi della Campania - Luigi Vanvitelli/University of Padova, Italy): “The Courts and the Code. Legal osmosis between religion and law in the cultural framework of civil law systems.”

 

Session III (Auditorium B8-B)

Speakers:

-          Ismail Basaran (The Presidency of Religious Affairs of Turkey): “Religious freedom: Ottoman experience.”

-          Mohammed Mouaqit (Université Hassan II AinChok, Marroco), “Islamité d'Etat et liberté de religion et de conscience.” N.B.: This conference will be held in french without translation.

 

Session IV (Auditorium 602 Frings)

Speakers:

-          Pieter Coertzen (Stellenbosch University, South Africa): “Strategies from Law and Religion in South Africa.”

-          Li-Ann Thio (National University of Singapore Faculty of Law, Singapore): “Religious Freedom, Rule of Law and Le Vivre Ensemble within religiously diverse secular democracies: Asian perspectives and practices.”

-          Juan Martin Vives and Larisa Plenc (River Plate Adventist University, Argentina): “Liberté, fraternité, uniformité: Religion as a source of social cohesion and political legitimacy in Argentina.”

-          Michaela Moravcíková and Agnes Christian Chaves Faria Alexandrovna Dybova (Trnava University [Slovakia]/PUC-Rio [Brazil]): “Recognition of Churches by the State and Related Ties to the State Budget.”

5,45 – 6,15 pm

ICLARS General Assembly (Auditorium B6)

6,30 pm

Concluding Remarks: Cole Durham (Brigham Young University, USA)

 

Cocktail (Salão da Pastoral)

 

 

Event Information

Venue

Pontifícia Universidade Católica do Rio de Janeiro (PUC-Rio)

  • Address for Arrival (Taxi / Uber):  Terminal da PUC – Avenida Padre Lionel Franca
  • Postal Adress: Rua Marquês de São Vicente, 225 - Gávea, - Rio de Janeiro - 22451-000

Accommodation

Recommended Hotels (conference rates, password: ICLARS2018)

  • Everest Rio Hotel (Ipanema) [http://everest.com.br/everest-rio-hotel/]

Rua Prudente de Morais 1117

Booking: reservas@everest.com.br / +55 800 600 0995 / +55 21 2525 2200

 

 

Transport
  • From (‘Galeão’) International Airport to Hotels
    • Dedicated Airport Taxis (prepaid): pay at stalls in Arrivals Area then take taxi just outside Arrivals Area (ca. R$ 150 – cash & credit card)
    • Regular ‘Yellow’ Taxis (metered): from outside the Departure Area (upstairs !) (ca. R$ 80 – cash only)
    • Uber (app): from outside the Departure Area (upstairs !) at Exit B (ca. R$45)

all options are safe at day and night

there are a Money Exchange (‘Câmbio’) & ATMs (‘Caixas Eletrónicos’) in the Arrivals Area

 

  • To (‘Galeão’) International Airport from Hotels
    • Regular ‘Yellow’ Taxis (metered); hailed at hotel or on street (ca. R$ 80 – cash only)
    • Uber (app) (ca. R$45 depending on time of day)
  • From Hotels to PUC-Rio (and back)
    • Conference Vans at Specified Times
    • Yellow Taxi or Uber (private) (Adress to be given: ‘Terminal da PUC’ – Av. Padre Leonel Franca)

 Food

  • Conference Lunches: ‘Pastoral’ Venue (C) at PUC
  • Conference Dinner: Fogo do Chao

Contact Local Organizers

You may also reach the organizers by e-mail at iclars2018@gmail.com


Where: Pontifical Catholic University of Rio de Janeiro (Departamento de Direito: http://www.jur.puc-rio.br/) at Rua Marquês de São Vicente, 225, Gávea – Rio de Janeiro, RJ – Brasil – 22451-900.
When: 12/09/2018
http://https://easychair.org/cfp/5th-ICLARSConferenceRio2018

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