Friday, October 19, 2012

European Union: Political asylum | Is the freedom to public profession of one's religious faith irresponsible?


As is known, the Geneva Convention, the European Convention on Human Rights and the Charter of fundamental rights (mandatory standards in Europe) provide protection to refugees who have "well-founded fear" of being persecuted in their country of origin...

Ahmadiyya Times | News Watch | EU Desk
Source/Credit: ADUC - Associazione per i Diritti degli Utenti e Consumatori
By Claudia Moretti | October 18, 2012

By judgment of last September 5, the Court of Justice of the European Union has ruled to defend religious freedom, this time not for the protection of Christian minorities in the Middle East (on which resolutions were pronounced with the European Parliament and the Assembly of Council of Europe), but the Islamic minorities in Muslim majority countries.

The case on which the Court ruled was about two members of the reform movement of Islam Ahmadiyya, who, persecuted by the Sunni majority in your country of origin, Pakistan, had requested political asylum in Germany.

According to Pakistani law, in fact, their religious beliefs, whether publicly professed, is blasphemous, and deserves severe punishment, even up to the capital.

As is known, the Geneva Convention, the European Convention on Human Rights and the Charter of fundamental rights (mandatory standards in Europe) provide protection to refugees who have "well-founded fear" of being persecuted in their country of origin because of their race, religion, political opinion or membership of a social group can not, by use of no security protection in the country itself.

These were the questions for a preliminary ruling by the German Federal Court: Under what circumstances is a violation of freedom of religion can lead to political asylum as an "act of persecution?" And again, can it be considered to influence the decision to grant or refuse asylum because of the fact that the applicant has the option to waive the free public profession of their religion (although professing in private)?

The Court noted in this regard that it is a fundamental human right to religious freedom, but Not all these violations are serious and so as to constitute the basis for the acceptance as a refugee. Only those who reach the threshold of persecution itself require Member States according to the international acceptance of callbacks. In this case, having a belief, of course, implies the need, the will and the desire to practice and , in their own way, make it public, declare it, spread it, exercise it in public. This possibility, indeed, is its core and essential. It appears, therefore, the result of this each Member State must take into account, against any religious minority.




Read original post here: European Union: Political asylum | Publicly profession of one's religious faith


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