Religion & the Rule of Law Kina – og Danmark? Rets-møde i Afdeling for Retslære; Juridisk Institut; Aarhus Universitet Lisbet Christoffersen, RUC.

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Presentation transcript:

Religion & the Rule of Law Kina – og Danmark? Rets-møde i Afdeling for Retslære; Juridisk Institut; Aarhus Universitet Lisbet Christoffersen, RUC

Universitetsbiblioteket og forskerne

Freedom of religious belief Article 36. Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.

Fra kejser-religion til turisme

Kinas kultiske centrum

General klausul Article 51. The exercise by citizens of the People's Republic of China of their freedoms and rights may not infringe upon the interests of the state, of society and of the collective, or upon the lawful freedoms and rights of other citizens.

ECHR art 9 (2): Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or the protection of the rights and freedoms of others.

National enheds stat Article 52. It is the duty of citizens of the People's Republic of China to safeguard the unity of the country and the unity of all its nationalities. Article 53. Citizens of the People's Republic of China must abide by the constitution and the law, keep state secrets, protect public property and observe labour discipline and public order and respect social ethics.

Etnisk-religiøse mindretal:

Indre og ydre sikkerhed Article 54. It is the duty of citizens of the People's Republic of China to safeguard the security, honour and interests of the motherland; they must not commit acts detrimental to the security, honour and interests of the motherland.

Forsvar over for ydre fjender Article 55. It is the sacred obligation of every citizen of the People's Republic of China to defend the motherland and resist aggression. It is the honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law.

SARA - statskirke Tre-selv-kirken vs husmenigheder: Opiumskrigene genopført? Patriotisk katolsk kirke vs Kinas katolske kirke: investiturstriden genopført Kinesisk islam vs sikkerhedsliggørelse i Turkistan Kinesisk buddhisme vs Tibetansk buddhisme: velfærdsstatslig og post-sovjetisk undertrykkelse Kinesisk Daoisme – problemløs eller den grundlæggende konflikt med kommunistpartiet

Den dybe tradition

Søndag morgen

Kina’s værdigrundlag Under the leadership of the Communist Party of China and the guidance of Marxism- Leninism and Mao ZedongThought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and follow the socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize industry, agriculture, national defence and science and technology step by step to turn China into a socialist country with a high level of culture and democracy.

The Rule of Law Rule by law vs Rule of law: Courtbased, executive or legislative interpretation of the constitution Governance or government with regard to peoples individual rights Rulers bound by rule of law?

2005 Regulation ’normal’ religious activities Acknowledged and administred by SARA Registrering indebærer frihed til at -Trykke religiøs litteratur, undervise og forske, afholde religiøse ritualer, opretholde religiøse bygninger, ejendomsret VS: ’ond kult’

Religionsfrihed vs The rule of which law? Religionsfrihed: Internal vs external Individual vs collective Organisational Religionsfrihed som grundlag for parallelle retssystemer?

Religionsfrihed vs statslig organisering af religion Establishment som velfærdsgode: -Organisatorisk -Indholdsmæssigt? -Ledelsesmæssigt -Ligebehandling Establishment vs ECHR?

State-Capitalism, State- religion(s) & The Rule of Law