A relevância da utilização de mecanismos jurídicos no âmbito do direito internacional para a proteção da liberdade religiosa de minorias cristãs

Abstract

Given the current situation of complex societies, the issue of religion is broadly highlight and study so that we can understand many of the conflicts between people and seek a peaceful solution to their differences. Thus, this work deals with the right to religious freedom and the importance of using legal mechanisms under international law to protect the religious freedom of persecuted Christian minorities in the Americas, Africa, Asia and Europe. To this end, the work is divided into three parts. The first deals with religious freedom in the list of human rights, the rapprochement between human rights and fundamental rights, the concept and the nature of religious freedom, sheds and limitations of religious freedom, as well as the factual support the fundamental right to religious freedom. The second part deals with the State's position regarding its duty to guarantee the human rights of first dimension, among which falls the religious freedom, considering that the State entity should refrain from interfering in the sphere of individual freedom, but should provide people and groups of people with the means to exercise their freedom, and prevent and punish actions of third parties infringing the freedom of others. In the same chapter, we seek to show how some States are responsible for human rights violations with exposure to several specific cases concerning no guarantee of religious freedom. In the third part, explanation of the defense of the global, American, African, Asian and European human rights systems is made, including their instruments, giving more attention to the possibility of the individual move the international court in their favor. Finally, it advocates the importance of knowing and using these instruments to protect the freedom of Christians to exercise and disseminate their beliefs and faith. Thus, the central focus of this work is to express the unacceptable situation in which religious freedom is in the Americas, Africa, Asia and Europe by direct or indirect responsibility of the State and demonstrate what action the international context victims may adopt in the international context in order to see their rights safeguarded or to obtain compensation due to the violation of those rights.