Religion and Law in Cyprus

Name: Religion and Law in Cyprus
Brand: Kluwer Law International
Price: 86.49 EUR
Availability: OnlineOnly

Achilles C. Emilianides(Autor*in)

Kluwer Law International (Verlag)

3. Auflage

Erschienen am 13. Februar 2019

264 Seiten

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978-94-035-1011-8 (ISBN)

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Inhalt

Intro
Title Page
Copyright Page
The Author
Table of Contents
List of Abbreviations
Preface
General Introduction
§1. GENERAL BACKGROUND OF THE COUNTRY
I. Geography
II. Constitutional History
A. The Struggle Towards Independence
B. The Establishment of the Republic of Cyprus
C. The 1963 Collapse and Its Aftermath
D. The 1974 Turkish Invasion
E. The Cyprus Problem Today
III. Constitutional Structure
A. General Overview
B. Executive Branch
C. Legislative Branch
D. Human Rights
E. The Judicial System
F. Legal System
IV. Economy
V. Politics
§2. SOCIAL FACTS ABOUT RELIGION
I. Population and Religion
II. Societal Place of Religion
A. General Overview
B. The Orthodox Church of Cyprus and Its Position Within the Orthodox Church in General
C. The Islamic Tradition of Turkish Cypriots
§3. HISTORICAL BACKGROUND
I. Prior to the British Rule
A. Antiquity
B. Roman and Byzantine Era
C. Frankish Rule
D. Ottoman Rule
II. The British Rule
A. The Political Framework
B. The Legal Status of Christian Religions
C. The Legal Status of the Islamic Religion
Part I. Legal Framework and Sources
Chapter 1. Constitutional Position of Religion
§1. THE CONSTITUTIONAL POSITION OF THE ORTHODOX CHURCH
I. Introduction
II. The Constitutional Safeguard of Holy Canons
III. The Legislative Power of the Church
IV. The Ambit of the Charter
§2. THE CONSTITUTIONAL POSITION OF THE THREE RELIGIOUS GROUPS
I. Religious Groups in the Constitutional Sense
II. Members of a Religious Group
III. The Constitutional Status of the Three Religious Groups
IV. The Right to Elect Representatives of the Religious Groups
§3. THE CONSTITUTIONAL POSITION OF THE ISLAMIC RELIGION
§4. THE CONSTITUTIONAL POSITION OF THE ORTHODOX CHRISTIANS WHO FOLLOW THE OLD CALENDAR
Chapter 2. Other Legislation with Regard for Religion
§1. STATE LAWS CONCERNING RELIGION
§2. THE TURKISH RELIGIOUS HEAD (MUFTI) LAW
§3. THE VAKFS AND EVCAF LAW
§4. THE ESTABLISHMENT OF A DEPARTMENT OF VAKFS AND RELIGIOUS MATTERS LAW
Chapter 3. The Typology of the System
Part II. Religious Freedom in General
Chapter 1. Individual Religious Freedom
§1. THE CONSTITUTIONAL RIGHT TO RELIGIOUS FREEDOM
I. Introduction
II. Manifestation of Religious Freedom
III. Right to Change One's Religion
IV. Restrictions to the Manifestation of Religious Freedom
§2. SPECIAL CASES
I. Illicit Proselytism
II. Conscientious Objection
III. Religious Beliefs and Obligation to Serve in the Army
IV. Work Permits of Religious Ministers
Chapter 2. Collective Religious Freedom
Chapter 3. Organizational Religious Freedom
Part III. Legal Status of Religious Communities
Chapter 1. Formal Status of Religious Communities
§1. THE LEGAL STATUS OF THE FIVE CONSTITUTIONALLY RECOGNIZED RELIGIONS
I. The Legal Status of the Orthodox Church
II. The Legal Status of the Three Religious Groups of the Republic
III. The Legal Status of the Islamic Community
§2. THE LEGAL STATUS OF OTHER RELIGIONS
Chapter 2. Autonomy of Religious Communities
§1. INTRODUCTION
§2. THE CHARTER OF THE ORTHODOX CHURCH OF CYPRUS
I. General Characteristics
II. Central Administration
III. Peripheral Administration
IV. The Legal Status of Clergy, Monks and Lay Persons
§3. THE REGULATIONS OF THE ARMENIAN DIOCESE OF CYPRUS
§4. THE CHARTER OF THE CHURCH OF THE ORTHODOX CHRISTIANS WHO FOLLOW THE OLD CALENDAR
Chapter 3. Fundamental Rights and Religious Communities
§1. THE INCOMPATIBILITY OF CANON LAW PROVISIONS WITH FUNDAMENTAL RIGHTS
§2. HEREDITARY SUCCESSION AND FUNDAMENTAL RIGHTS
§3. RELIGION BASED CLAIMS FOR REFUGEE STATUS
§4. RELIGIOUS SLAUGHTER OF ANIMALS
Chapter 4. Contractual Religious Freedom
Part IV. International, Transnational, Regional Effects on Religious Communities
Chapter 1. International Law Effects on Religious Communities
§1. THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
§2. THE 1981 DECLARATION OF THE GENERAL ASSEMBLY
Chapter 2. Transnational Law Effects on Religious Communities
Chapter 3. Regional Law Effects on Religious Communities
§1. THE EUROPEAN CONVENTION ON HUMAN RIGHTS
I. The Status of the European Convention on Human Rights in the Cypriot Legal Order
II. The Application of Article 9 of the European Convention on Human Rights
§2. THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
I. The Provisions of the Framework Convention
II. Opinions and Resolutions on Cyprus
Part V. Religion and Politics
Chapter 1. Religion Influence in Politics
§1. RELIGIOUS INFLUENCE IN POLITICS
I. The Makarios Era
II. After Makarios
§2. RELIGIOUS INFLUENCE IN SPECIFIC POLITICAL AFFAIRS
I. The Role of the Church in the Cyprus Problem
II. The Role of the Church in Education
Chapter 2. Political Influence in Religion
Chapter 3. Interaction Between Religion and State on a Political and Legal Level
Part VI. Labour Law Within Religious Communities
Chapter 1. Scope of Application of Labour Law
§1. EMPLOYMENT LAW AND RELIGIOUS COMMUNITIES
I. Introduction
II. The Employment Relationships of Religious Communities
III. Termination of Employment Law
§2. NON-DISCRIMINATION ON GROUNDS OF RELIGION
Chapter 2. Religious Ministers and Labour Law
Chapter 3. Other Church Employees and Labour Law
Part VII. Religious Communities and Protection of the Individual
Chapter 1. Protection of Privacy
§1. HUMAN RIGHTS PROVISIONS
§2. CRIMINALIZATION OF PRIVATE HOMOSEXUAL ACTS
I. The Dudgeon Case
II. The Costa Case
III. The Modinos Case
§3. THE PROCESSING OF PERSONAL DATA LAW
Chapter 2. Freedom to Marry
Chapter 3. Freedom of Expression
§1. HUMAN RIGHTS PROVISIONS
§2. BLASPHEMY
Chapter 4. Due Process Norms and Religious Organizations
§1. ACCESS TO COURTS
§2. PROOF OF ECCLESIASTICAL LAW
Chapter 5. Professional Secrecy
Chapter 6. Medical Deontology
§1. BLOOD TRANSFUSION
§2. MEDICAL REFUSAL OF TREATMENT ON RELIGIOUS GROUNDS
§3. PREMARITAL REGULATION OF THE HEALTH OF FUTURE SPOUSES
§4. ABORTION
Chapter 7. Non-discrimination
§1. HUMAN RIGHTS PROVISIONS
§2. THE OMBUDSMAN
Chapter 8. Penal Law and Religion
Part VIII. Church Financing
Chapter 1. Direct Financing of Religious Communities
§1. INTRODUCTION
I. General Outline of the Current System of Financing
II. The Internal Organs of Administration of Property of the Orthodox Church
§2. TYPES OF FINANCING
I. Salaries of Religious Ministers/Chaplaincy
II. Education
III. Other Types of Financing
§3. ASSESSMENT
Chapter 2. Indirect Financing of Religious Communities
§1. INCOME TAX
§2. CUSTOMS AND EXCISE DUTIES
§3. VALUE-ADDED TAX
§4. CAPITAL GAINS TAX AND IMMOVABLE PROPERTY TAX
I. The Refusal of the Orthodox Church to Pay Capital Gains Tax
II. The Negotiations Between the State and the Orthodox Church
Part IX. Education
Chapter 1. Religious Education in Public and Private Schools
§1. INTRODUCTION
§2. THE RIGHT TO RELIGIOUS EDUCATION
§3. RELIGIOUS EDUCATION IN PUBLIC SCHOOLS
I. The Doctrinal Character of Religious Education
II. Exceptions
III. Objections and Considerations on Reform
IV. The Debate about Confessionals in Public Schools
§4. RELIGIOUS EDUCATION IN PRIVATE SCHOOLS
§5. TEACHERS OF RELIGIOUS EDUCATION
Chapter 2. Religious Schools
Part X. Matrimonial and Family Law
Chapter 1. Legal Position of Religious Marriage
§1. INTRODUCTION
§2. THE EXTENT OF THE APPLICATION OF ARTICLE 111 OF THE CONSTITUTION
I. Members of the Greek Orthodox Church and Article 111 of the Constitution
II. Is Cypriot Citizenship a Requirement for the Application of Article 111?
§3. THE REGIME FOR SOLEMNIZATION OF MARRIAGES IN CYPRUS
I. Marriages of Members of the Greek Orthodox Church and of the Three Religious Groups
II. The Marriage Law of 2003
III. Marriage of Members of the Turkish Cypriot Community
Chapter 2. Legal Position of Religious Family Law
§1. THE RIGHT' OF THE ORTHODOX CHURCH TO APPOINT THE PRESIDENT OF THE FAMILY COURT
§2. THE FAMILY COURTS OF RELIGIOUS GROUPS
I. Introduction
II. Composition
III. Jurisdiction
§3. RELIGIOUS INFLUENCE ON DIVORCE
I. Attempt of Reconciliation and Spiritual Dissolution of Religious Marriages
II. Grounds for Divorce
Part XI. Religion and Culture
Chapter 1. Religion and Art
Chapter 2. Religion and Media
Chapter 3. Religion and Civil Society
Chapter 4. Religion and Public Debate
Selected Bibliography
Index

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