Religion and Law in Finland
1. Auflage
Erschienen am 20. Juni 2021
384 Seiten
978-94-035-3503-6 (ISBN)
Beschreibung
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Finland deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Finland. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
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Matti Kotiranta
Religion and Law in Finland
Buch
06/2021
Kluwer Law International
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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
