The Right to Freedom of Religion: Contributions

A special issue of Religions (ISSN 2077-1444).

Deadline for manuscript submissions: closed (31 January 2025) | Viewed by 5168

Special Issue Editors


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Guest Editor
Romanian Academy of Scientists, Ovidius University of Constanta, 900527 Constanța, Romania
Interests: law and religion; religious liberty; human rights; canon law

E-Mail Website
Guest Editor
Faculty of Theology, Ovidius University of Constanta, 900527 Constanța, Romania
Interests: Byzantine law; religious liberty; human rights; canon law

Special Issue Information

Dear Colleagues,

It is well known that the right to freedom of religion is still a “pium desiderium” (pious desire) for many people on our planet, and that the attitude of some states—with totalitarian political regimes—towards religious liberty is deficient, because it violates one of the fundamental human rights, namely the right to religion, which over the centuries has led to religious wars within and between states.

In order to help address the proposed topic, I suggest a few themes:

  • Religions and their role in shaping the collective identity of human society
  • The history of religious freedom from antiquity to the present day
  • How mankind has perceived the right to freedom of conscience and religion
  • The relationship between the three fundamental human freedoms: freedom of thought, conscience, and religion
  • Persecution of religious freedom
  • The nature and origin of the right to freedom of religion
  • The right to religion in the sacred texts of the great religions of humanity
  • The right to religion in Roman law
  • The right to religion in Byzantine law
  • The right to religion in international and European Union law
  • The right to religion as laid down in the constitutional texts of the States of the world
  • Laws of the various religious cults recognised by the State
  • Religious education in schools as a prerequisite for the right of everyone to have a religion and to profess it in private or in public
  • On the relationship between the sacred and the profane
  • Religion and secularism in theological, philosophical, legal, sociological and political literature
  • The right to religion in today's totalitarian states
  • Norms of international and national law concerning the criminalisation of acts that seriously infringe the right to freedom of religion
  • The sacrifice made over the centuries on the altar of religious freedom

Therefore, we are pleased to invite you to submit a scientific paper for a special issue of the journal Religions, entitled “The Right to Freedom of Religion: Contributions”, falling within the scope of this journal, namely: The paper must be the result of original research, making its own contribution, whereby its author certifies that he is an expert in his field of specialization, and that, at the same time, it is customary in his research to approach topics inter and multidisciplinary, so that in this way we are not limited to our specialty, but to search for information and documentary evidence, that the process of exploration of the field of socio-human sciences (religious studies, philosophy, law, history, political science, sociology, etc. could offer to us. Through such a scholarly approach I am sure we can all make relevant contributions to the theme proposed for this special editorial issue of Religions.

The title proposed by the Editor—for this special issue of Religions—is a clear testimony that it implies “es sesse” (by itself) an inter and multidisciplinary approach, even if at first sight its field of research would seem to be circumscribed only to the legal sphere. That, volens-nolens, the authors of this volume will draw not only on the historical, theological and philosophical fields, but also on the legal field, which is a valuable ‘auxilium’ even in terms of defining the relationship between the law and the moral-religious law, is an undoubted fact.

Such a subject gives the opportunity to researchers in the field of theology—which includes disciplines such as biblical theology, systematic theology, practical theology, historical theology, etc.—to make an effective contribution to a better understanding of the issue and to the preparation of a volume that will bring together works on the human right to freedom of religion, i.e. its manifestation in private and public life.

Through their work in this special issue, the participants will of course also evoke how this right to freedom of religion has been understood and applied in human society since antiquity, as confirmed by both historical and legal testimonies (cf. Edicts of Emperor Cyrus II the Great, Alexander the Great, Emperors Constantine the Great and Licinius, etc.), as well as the sacred texts of the great religions of mankind, such as Buddhism, Confucianism, Hinduism, the Mosaic religion, the Christian religion, etc.

Both secular and religious law, such as Mosaic and Christian (state and ecclesiastical) law, have made an enlightening contribution not only to the conceptual clarification of the term ‘right to freedom of religion’, and of fundamental human rights and freedoms in general, but also to the way in which this right has been provided for and protected.

In this Special Issue, original research articles and reviews are welcome. Research areas may include (but not limited to) the following: theology, philosophy, religious studies, law, history, political science, sociology etc.

We request that, prior to submitting a manuscript, interested authors have to submit a proposed title and an abstract of 200–300 words summarizing their intended contribution. Abstracts will be reviewed by the Guest Editors for the purposes of ensuring proper fit within the scope of the special issue. Please send the manuscript to the Guest Editor, or to the Assistant Editor of Religions. Full manuscripts will undergo double-blind peer review.

We look forward to receiving your contributions.

Prof. Dr. Dură V. Nicolae
Dr. Cătălina Mititelu
Guest Editors

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Religions is an international peer-reviewed open access monthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1800 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • freedom of conscience
  • human rights
  • religious freedom
  • legal protection of religious freedom
  • sacred texts
  • legal texts
  • monotheistic religions
  • ancient edicts on religious freedom
  • international law and European Union law on religious freedom

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Published Papers (5 papers)

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Research

15 pages, 245 KiB  
Article
The Legal Status of Religious Freedom in Romania: Legal Provisions and Cross-Cutting Issues
by Roman Emilian-Iustinian
Religions 2025, 16(4), 504; https://doi.org/10.3390/rel16040504 - 14 Apr 2025
Viewed by 271
Abstract
In the present study, we aim to review a series of constitutional provisions related to the status of religious freedom in Romania since the first Constitution to the present-day Law no. 489/2006 regarding religious freedom and the general status of denominations in Romania, [...] Read more.
In the present study, we aim to review a series of constitutional provisions related to the status of religious freedom in Romania since the first Constitution to the present-day Law no. 489/2006 regarding religious freedom and the general status of denominations in Romania, the law that regulates the relationship of the state with all acknowledged denominations. We thus seek to achieve an analysis and evaluation of the Romanian legal framework that is relevant to the topic. In the second part of the study, we shall raise some cross-cutting issues related to derogations and limitations of the freedom of religion and belief as we briefly analyse two instances related to the recent COVID-19 pandemic, namely officiating religious services without public access and the restrictions regarding the pilgrimage in Iaşi, held every year on the 14th October, during the feast of Saint Pious Parascheva. Full article
(This article belongs to the Special Issue The Right to Freedom of Religion: Contributions)
12 pages, 216 KiB  
Article
Data Protection and Religious Freedom in the EU in the Context of the Catholic Church in Poland
by Piotr Kroczek
Religions 2025, 16(3), 364; https://doi.org/10.3390/rel16030364 - 13 Mar 2025
Viewed by 384
Abstract
The protection of personal data and religious freedom represent two fundamental rights that can be potentially in conflict in the European Union legal framework. The purpose of this paper is to critically analyze Articles 91 and 17 of the General Data Protection Regulation [...] Read more.
The protection of personal data and religious freedom represent two fundamental rights that can be potentially in conflict in the European Union legal framework. The purpose of this paper is to critically analyze Articles 91 and 17 of the General Data Protection Regulation (GDPR 2016) in order to examine their implications for the exercise of religious freedom in both the personal and the institutional realms. The research employs a comprehensive legal analysis, examining potential interpretations of the articles in the context of the Catholic Church and of Poland. The findings suggest that while Article 91 introduces data protection requirements for religious associations, it does not inherently threaten religious freedom. However, the study highlights significant risks arising from potential misinterpretations of Article 91, particularly regarding the concepts of “comprehensive rules” and “brought into line with” GDPR standards. The same applies to Article 17 and the “right to be forgotten”, whose absolute application can interfere with freedom of religion. The research concludes that careful, nuanced interpretation of the GDPR is crucial to maintaining both personal data protection and religious freedom. The paper ultimately argues that the articles of the GDPR can be understood as a mechanism for safeguarding religious freedom rather than constraining it, provided it is applied regarding the diverse doctrinal principles of different religious organizations. Full article
(This article belongs to the Special Issue The Right to Freedom of Religion: Contributions)
16 pages, 303 KiB  
Article
“The Law of Christian Freedom in the Spirit”: New Impulses for Church Legislation
by Andrzej Pastwa
Religions 2025, 16(3), 329; https://doi.org/10.3390/rel16030329 - 5 Mar 2025
Viewed by 462
Abstract
“Church’s law is first and foremost lex libertatis”—this proclamation by Pope Benedict XVI (2008) inspired the author, a Catholic canonist, to attempt an aspectual reflection on the question of the quality and relevance in Ecclesia of contemporary legislation, keeping in mind the [...] Read more.
“Church’s law is first and foremost lex libertatis”—this proclamation by Pope Benedict XVI (2008) inspired the author, a Catholic canonist, to attempt an aspectual reflection on the question of the quality and relevance in Ecclesia of contemporary legislation, keeping in mind the universal (ecumenical) goal of Church law: salus animarum. For in the face of today’s “signs of the times”, it is impossible to avoid the question of how, in legislating this law, interpreting and applying it, to safeguard and optimize the operability of communion bonds (bonum commune) along with the realization of subjective rights (bonum personae)? It is necessary to ask what contemporary proposals for legislative activity can serve to stimulate “organic development in the life […] of the ecclesial society and of the individual persons who belong to it” (John Paul II)? The inescapable context for this reflection today is the epochal enunciation, according to some, of Pope Francis “it is clear that ecumenical dialogue […] enriches canon law”. In the author’s opinion, the last decade has brought two interesting answers to the questions formulated above. The two “ecumenical enterprises”—to use Ecumenical Patriarch Bartholomew’s apt phrase—“fill the historical juridical deficit”; especially since theologians and jurists from different traditions have not yet worked together to demonstrate the ecumenical potential of church law. The results of this work—offering original methodologies—are the idea of “receptive ecumenism”, by Catholic canonist Paul Murray, and Norman Doe’s project, culminating in the Statement of Principles of Christian Law, produced by the International Panel of Experts. Both “ecumenical enterprises” give new impetus to ecumenical initiatives, but also, according to Francis’ quoted words, carry with them the potential to enrich church law and serve its renewal. Full article
(This article belongs to the Special Issue The Right to Freedom of Religion: Contributions)
22 pages, 327 KiB  
Article
External and Internal Threats to the Freedom of Religion or Belief of Indigenous Peoples in Latin America
by Dennis P. Petri and Jason Klocek
Religions 2025, 16(2), 209; https://doi.org/10.3390/rel16020209 - 8 Feb 2025
Viewed by 1009
Abstract
Indigenous Peoples in Latin America face a dual challenge of social vulnerability and violations of freedom of religion or belief (FoRB). Representing 8% of the region’s population yet disproportionately affected by poverty, displacement, and health disparities, these communities also endure persistent religious discrimination—a [...] Read more.
Indigenous Peoples in Latin America face a dual challenge of social vulnerability and violations of freedom of religion or belief (FoRB). Representing 8% of the region’s population yet disproportionately affected by poverty, displacement, and health disparities, these communities also endure persistent religious discrimination—a challenge historically overlooked in policy and scholarship. This article advances the understanding of FoRB violations against Indigenous Peoples by distinguishing between external threats, targeting collective religious practices, and internal threats, undermining individual religious rights. Using a cross-case analysis of Paraguay, Mexico, and Colombia, this study illustrates the varied manifestations of these threats, relying on novel data from interviews, open-source platforms, and the Violent Incidents Database of the Observatory of Religious Freedom in Latin America and the International Institute for Religious Freedom. Focusing on Latin America as a “least likely case” for FoRB violations, the article highlights significant disparities in FoRB protections for Indigenous Peoples, challenging the assumption of Latin America as a region of relative religious freedom. By shedding light on these violations, the study underscores their broader implications for political stability and human rights. The findings call for greater attention to the intersections of religious freedom and Indigenous rights, offering a framework applicable to global contexts. This work also highlights the need for sustained data collection and targeted interventions to address these challenges effectively. Full article
(This article belongs to the Special Issue The Right to Freedom of Religion: Contributions)
15 pages, 287 KiB  
Article
The Violation of the Law and Religious Freedom in the Context of the Case of the Russian Church in Sofia—A Real Legal, Political and Canonical Issue
by Dilyan Nikolchev
Religions 2024, 15(6), 717; https://doi.org/10.3390/rel15060717 - 10 Jun 2024
Viewed by 2363
Abstract
For more than a century, in the center of Sofia, the capital of the Republic of Bulgaria, there is and functions the church of St. Nikolai Mirlikiyski the Wonderworker, known as the Russian church. The church was built at the beginning of the [...] Read more.
For more than a century, in the center of Sofia, the capital of the Republic of Bulgaria, there is and functions the church of St. Nikolai Mirlikiyski the Wonderworker, known as the Russian church. The church was built at the beginning of the 20th century with the idea of being part of the complex of the Russian imperial diplomatic body in Sofia and to serve the Russian diplomats, their families and the Orthodox Russian citizens living permanently or temporarily in the Bulgarian capital. However, after its consecration in 1914, disputes began, both regarding the ownership of the church building and the canonical jurisdiction of the church—of the Metropolitan of Sofia or the Holy Synod of the Russian Orthodox Church in Moscow. This dispute culminated in September 2023, with the expulsion from Bulgaria of several Russian and Belarusian clergies serving in the Russian church on charges of espionage in favor of the Russian Federation. The subsequent closure of the church by the Russian ambassador Mitrofanova led to internal and external political tension and ecclesiological chaos in the country. The Russian side violated the Bulgarian Law on Religions, known as the Confessions Act 2002, and directly infringed the Statute of the Bulgarian Orthodox Church. This article provides expert answers to the public law, property rights and canonical issues concerning the case of the Russian church in Sofia, based on the relevant sources of law (ecclesiastical and civil). Full article
(This article belongs to the Special Issue The Right to Freedom of Religion: Contributions)
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