In this chapter—based on the proposed justification of human rights on the basis of the principle of vulnerability and of the validity of human rights in and for religious and worldview-based communities—, the question emerges if the state also has the duty to enforce the implementation of human rights in religious and worldview-based communities. The primary responsibility for protection, respect, implementation, and realization of human rights lies, of course, with the state, even if it is not an exclusive responsibility. Does the state have to fulfil this responsibility by intervening actively with religious and worldview-based communities as non-state actors, too, if their human rights performance is not satisfying? Or does the right to freedom of religion exempt religious and worldview-based communities as non-state actors from human rights obligations?

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Does the State Have to Enforce the Implementation of Human Rights in Religious and Worldview-Based Communities?

  • Peter G. Kirchschlaeger

摘要

In this chapter—based on the proposed justification of human rights on the basis of the principle of vulnerability and of the validity of human rights in and for religious and worldview-based communities—, the question emerges if the state also has the duty to enforce the implementation of human rights in religious and worldview-based communities. The primary responsibility for protection, respect, implementation, and realization of human rights lies, of course, with the state, even if it is not an exclusive responsibility. Does the state have to fulfil this responsibility by intervening actively with religious and worldview-based communities as non-state actors, too, if their human rights performance is not satisfying? Or does the right to freedom of religion exempt religious and worldview-based communities as non-state actors from human rights obligations?