Religion and Law in Finland

Name: Religion and Law in Finland
Brand: Kluwer Law International
Price: 73.99 EUR
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Matti Kotiranta(Autor*in)

Kluwer Law International (Verlag)

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Erschienen am 20. Juni 2021

384 Seiten

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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. Basic Structures
II. General Legal System
§2. Social Facts about Religion
I. Religious Affiliation
II. Religious Practice
§3. Historical Background: Religion in the History of Finland
I. Christianity's Arrival in Finland
II. The Reformation of Sweden in the 1520s and Its Impact on (Its Province) Finland
III. Finland's Incorporation into the Russian Empire as an Autonomous Grand Duchy (1809-1917)
IV. The Twentieth and Early Twenty-First Centuries
A. From the Foundation of the Finnish Republic in 1917 to the Times of War (1919-1938)
B. The End of the War Years 1939-1944 and Its Immediate Effects on the Church-State Relations, and on Denominational Religious Instruction and Taxation
C. The Change in Finnish Politics after the Years of War - The Paasikivi-Kekkonen Line and Realpolitik vis-à-vis the Former Soviet Union
D. Towards an Increasingly Pluralistic Society: The Watershed Decade of the 1960s
E. Finland's Accession to the European Union and Its Impact on Church-State Relations (1995-)
F. The Church Act Codification Work in 2005-2018
Part I. Legal Framework and Sources
Chapter 1. Constitutional Position of Religion
§1. Basic Law
I. Fundamental Provisions of the Constitution
II. Freedom of Religion and Belief
III. Institutional Guarantees
IV. Religious Instruction in State Schools
V. Equal Treatment
VI. Oath of Office
Chapter 2. Other Legislation Related to Religion
§1. Scope of Legislation
§2. Treaty Law
§3. Basic Structures of Legislation
Chapter 3. Typology of the System
§1. The Denominational Character of the Finnish System and the Basic Principles of a Church-State Relationship
§2. State Neutrality
§3. Tolerance
§4. Parity
§5. Pluralism
§6. Institutionalism
§7. Openness Towards Religion
§8. Freedom of Religion or Belief
Part II. Religious Freedom in General
Chapter 1. Individual Religious Freedom
§1. Normative Structures
§2. Functions
§3. Scope of Individual Guarantee
I. Nationality
II. Religious Maturity
A. The Role of Parents and Legal Guardians
B. Practical Implications of Religious Maturity
§4. Forum Internum and Manifestations of Religion or Belief
§5. The Right Not to Believe
§6. Definitions of Religion and Belief
§7. Protected Manifestations
I. General Scope of Guarantee
II. Specific Issues
A. Proselytism
B. Conscientious Objection
1. Dress Requirements
2. Co-educative Physical Education
3. Work on Religious Holidays
4. Conscientious Objection to Medical Treatment
5. Conscientious Objection to Taking an Oath
6. Conscientious Objection and Military Service
C. Parental Care
D. Ritual Slaughter and Other Religious Food Requirements
1. Ritual Slaughter
2. Religious Food Requirements in Schools and Public Institutions
§8. Horizontal Application
§9. Limitations to Freedom of Religion or Belief
I. General Principles of Limitation
A. Special Importance of Freedom and Religion or Belief
B. The Variety of Limitations
C. System of Limitation Clauses
II. Specific Limitations to Freedom of Religion and Belief
A. Scope of Limitations
B. Structural Limitations
C. State of Defence or Emergency: No Valid Reason for Limitation of Religious Freedom
III. Limitations of Limitations (Restrictions of Restrictions)
§10. Examples of Case Law on Limitations to Freedom of Religion and Belief
I. Criteria of Selection
II. Cases
A. Cases Where §9 of the ECHR Has Been Applied
1. The Case of Konttinen v. Finland: Man (Seventh Day Adventist) Rejected Working Hours for Religious Reasons (Sabbath)
B. Important Precedents Which Have Proceeded to the Supreme Court and the Administrative Courts
1. Case: Supreme Court 19.1.2001
Selection of a Curate (The ELCF)
2. Case: Supreme Court 23.9.2001: Election of a Vicar (The ELCF)
3. Case: Turku Administrative Court 13.6.2007: Election of a Vicar (The ELCF)
C. Important Precedents Which Have Not Proceeded to the Supreme Court
1. Case: Muslim Woman's Right to Keep Her Head Covered During Office Hours
2. Case: Woman (Jehovah's Witness) Who, for Religious Reasons, Rejected a Job That Had Been Offered
3. Case: Woman Belonging to the Jehovah's Witnesses Thought Her Religious Beliefs Justified Her Refusal to Participate in the Work of the Army
Chapter 2. Collective Religious Freedom
§1. Basic Principles
Chapter 3. Organizational Religious Freedom
§1. Basic Principles
I. Collective Religious Freedom
II. Freedom to Form Religious Communities
III. Fundamental Rights of Legal Persons
A. Scope of Legal Persons
B. Domestic or Foreign Legal Persons? - No Differentiation in Finnish Legislation
C. Religious Communities as Ideological Associations under Private Law
D. Nature of Rights
E. The Notion of Religious Community
§2. Case Law
Chapter 4. Religious Freedom and Equality
§1. Constitutional Guarantees
§2. General Non-discrimination
§3. Non-discrimination in Public Office
§4. Institutional Equality
§5. Equal Treatment of Non-religious, Philosophical Communities
Part III. Legal Status of Religious Communities
Chapter 1. Formal Status of Religious Communities
§1. Religious Communities as Public Law Corporations (Bodies)
I. General Principles
II. Special Rights and Duties of Religious Communities as Public Law Corporations
§2. Registered Religious Associations as Private Law Corporations (Bodies)
I. General Principles
II. Registered Religious Associations in Finland
III. Termination of Status of Public Law Corporations
IV. Specific Issues of Organization
§3. Other Communities with a Religious Purpose, Functioning as Civil Law Corporations
I. Non-profit Associations
A. Idealistic Aim
B. Registration Requirements
C. Special Treatment of Religious Communities
D. Termination of Non-profit Associations
Chapter 2. Autonomy of Religious Communities
§1. General Principles
I. Legislation Affecting the ELCF
II. Legislation Affecting the Finnish Orthodox Church
III. Legislation Affecting the Registered Religious Associations
§2. Limitations of the Right to Self-Determination and State Court System
Part IV. International, Transnational and Regional Impacts on Religious Communities
Chapter 1. The Impact of International Law on Religious Communities
§1. Public International Law
I. Basic Principles
II. The European Convention of Human Rights and ICCPR-Agreement
A. General Relevance
B. Case Law
C. The Right of Self-Determination and the ECtHR
III. Other International Instruments
§2. European Union Law
I. Basic Principles
II. Freedom of Religion or Belief in Primary European Union Law
III. Amendments by the Lisbon Treaty to the Primary European Union Law Related to Religion
IV. Religion in Secondary European Union Law
A. Provisions of the European Union
B. European Union Law and the Finnish Anti-discrimination Provisions
V. The ECJ
Chapter 2. Transnational and Regional Law Effects on Religious Communities
Part V. Religion and Politics
Chapter 1. Religious Influence in Politics
§1. Constitutional Law Foundations
§2. Religions in Politics Based on Treaty Law
§3. The Media and Religions
§4. Religions and State Political Institutions
§5. Religions and Political Parties
§6. The Political Representation of Religions
§7. The Political Impact of Religious Communities
§8. Religious Communities and Election Campaigns
Chapter 2. Political and Legal Interaction Between Religions and the State
Part VI. The Labour Law Within the Religious Communities
Chapter 1. Scope of Application of the Labour Law
§1. Factual Situation
§2. Labour Law and the Individual's Rights in the Workplace
I. General Principles
II. Religious Freedom and Employees' Rights in the Workplace
A. Refusal to Carry Out Work Duties Because of Religious Convictions
B. Religiously Dictated Dress Codes
III. The Labour Status of Individual Churches and Religious Communities
A. The Evangelical Lutheran Church
B. The Orthodox Church
C. Registered Religious Associations
D. The Labour Status of Religious Ministers When Working in Other Institutions (Chaplains, Teachers of Religions in Schools, Etc.)
§3. Collective Labour Law
§4. The Social Security System
I. General Principles
II. Health Insurance
III. Pensions Insurance
IV. Accident Insurance
Chapter 2. Ministers of Religion and the Labour Law - Case-Law
Chapter 3. Other Church Employees and the Labour Law
Part VII. Religious Communities and Protections of the Individual
Chapter 1. Protection of Privacy
§1. General Principles
§2. Data Protection
Chapter 2. Freedom to Marry
Chapter 3. Freedom of Expression
Chapter 4. Due Process Norms and Religious Groups
Chapter 5. Professional Secrecy
Chapter 6. Medical Deontology
Chapter 7. Non-discrimination
Chapter 8. Penal Law and Religion
§1. Legal Status of Clergy and Members of Religious Orders
§2. Religious Peace
§3. Religious Property
§4. Religious Titles, Garment and Emblems
§5. Confessional Secrecy
§6. The Position of Religious Communities
§7. Special Duties of Religious Office-Holders
§8. Administrative Misdemeanour
§9. Crimes Against International Law
Part VIII. Church Financing
Chapter 1. Direct Financing of Religious Communities
§1. Protection of Property
§2. State Subsidies in General
§3. Church Tax
I. Basic Facts
II. Taxable Persons
III. Objection to Church Tax
IV. Tax Rate
V. Administration of the Church Tax
VI. Religious Communities, Philosophical and Non-confessional Organizations
§4. State Subsidies
I. The Evangelical Lutheran Church
II. Registered Religious Associations
§5. Examples of Facts and Figures
I. The Evangelical Lutheran Church
II. The Orthodox Church
III. Registered Religious Associations
Chapter 2. Indirect Financing of Religious Communities
§1. Non-taxation and Tax Exemptions
§2. Tax-Deductible Donations
§3. Other Tax Exemptions
§4. Other Economic Contributions
Part IX. Education
Chapter 1. Religious Education in State and Private Schools
§1. Religious Education in State Schools
I. General Principles of Public Education
II. Education Structure
A. The Finnish Educational Path
B. Teachers
III. Religious Instructions in Public Schools
A. Preamble
B. Courses in Lutheran Religious Education
C. Teaching of Religious Doctrines Other Than Lutheran
D. The Possibility of Neutral Teaching on Religions and Beliefs
E. Opting Out of School Obligations for Religious Reasons, Current Developments and Challenges
Chapter 2. Religious Schools
Chapter 3. Theological Faculties and Other Religious Training
Part X. Matrimonial and Family Law
Chapter 1. Legal Position of Religious Marriage
§1. The Right to a Religious Marriage
§2. The Civil Effects of Marriage
§3. The Civil Impact of Religious Marriages Other Than Lutheran or Orthodox or Registered Religious Associations
Part XI. Religion and Culture
Chapter 1. Religion and Art
§1. Religious Monuments
§2. Religion in the Arts
Chapter 2. Religion and the Media
§1. The Press
§2. Internet, Radio and Television
Chapter 3. Religion and Civil Society
Chapter 4. Religion and Public Debate
Part XII. Religious Assistance in Public Institutions
Chapter 1. General Principles
Chapter 2. Institutions
§1. A Question of Clarification - What Does the Concept 'Chaplain' Mean in the Finnish Context
§2. Chaplaincy in Hospitals
I. Main Legal Components of the Act on the Status and Rights of Patients (785/1992)
II. The Law on the Patient's Autonomy
III. Objection to Medical Treatment of Adults
IV. Objection to Medical Treatment of Minors
§3. The Chaplaincy in the Penitentiaries
§4. Military Chaplaincy
§5. The Chaplaincy in Other Public Institutions: Police, Airports, Parliament, Municipalities
§6. Special Questions: State Chaplaincy, Islam, and Other Religions
Part XIII. Religions in the Social Field
Chapter 1. Basic Principles and Activities
§1. Preamble
§2. Basic Principles and Activities
Chapter 2. Kindergartens
Part XIV. Sunday and Religious Holiday Protection
Chapter 1. General Protection of Sundays and Religious Holidays
Chapter 2. Sundays, Religious Holidays and Shop Closing
Part XV. The Burial System
Part XVI. Data Law
Part XVII. The Law on Aliens
Part XVIII. The Law on Foundations
Selected Bibliography
Table of Statutes
Table of Cases
Index

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