PHI Special Assignment

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Cape Fear Community College *

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MISC

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Political Science

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Feb 20, 2024

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docx

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2

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Please answer the following questions in detail or provide a detailed response, basely solely on your chapter reading. 1. Prior to reading chapter 6, were you aware of the free exercise protections in the United States? What understanding do you now have of the free exercise protections in the United States after your reading? I was aware of free exercise protections in the United States, although I did not have a good understanding before reading the chapter. From my understanding, the free exercise protections in the United States refer to the constitutional guarantee, primarily found in the First Amendment of the Bill of Rights, that protects individuals' right to practice their religion without government interference. This protection ensures that individuals have the freedom to worship, express their religious beliefs, and engage in religious practices without facing discrimination or restrictions from the government. While the government can place certain limitations on religious practices for compelling reasons such as public safety, the default stance is to safeguard individuals' right to freely exercise their religion. This principle reflects the broader commitment to religious freedom and tolerance in the United States. 2. Chapter 7 outlines the relationship between law and religion in Latin America. Have Latin American countries adopted the guarantee to religious freedom in their bill of rights? Yes, many Latin American countries have constitutional guarantees for religious freedom. For example, Mexico's constitution recognizes freedom of religion in Article 24, and Brazil's constitution ensures freedom of conscience and religion in Article 5. Countries like Argentina, Colombia, Chile, and Peru also have legal provisions to protect religious freedom. However, the degree of protection and enforcement can vary, and challenges may still exist. According to the textbook, Many Latin American countries have recently updated their constitutions to include the guarantee of religious freedom in their bill of rights. This new perspective is reflected in the use of language similar to that of international treaties on human rights, rather than the previous wording which only referred to the 'freedom of worship'. Ecuador's new constitution, specifically section 67, is an example of this new approach. 3. Chapter 8 discusses state and religion in Europe. What is the European Union and what does Article 17 of the Treaty on the Functioning of the European Union state? Europe's policies on Church-State relations are influenced by localism. The Declaration on the Status of Churches and Non-confessional Organizations and the Treaty of Lisbon's Article 17 ensures that the Union respects and does not affect the status of churches, religious associations, or communities, philosophical and non-confessional organizations under national law. Additionally, the Union recognizes its identity and specific contribution and maintains an open, transparent, and regular dialogue. 4. Has your chapter reading provided an understanding of the relationship between religion and law in the United States, Latin America and Europe? Explain. Yes, from my understanding religion and law differ across the United States, Latin America, and Europe due to various historical, cultural, and legal factors. United States: The relationship between religion and law is guided by the separation between church and state in the United States. The First Amendment of the U.S. Constitution prohibits the establishment of an official state religion and guarantees the free exercise of religion. The legal system is secular, meaning that laws are not based explicitly on religious doctrine, and the government cannot favor or endorse any religion. However, religious beliefs often influence public discourse, ethical considerations, and policymaking decisions.
Latin America: Latin American countries have diverse historical relationships between religion and law. While many countries guarantee religious freedom in their constitutions, some have had closer historical ties between the state and the Catholic Church. Over time, many have adopted secular legal systems that ensure freedom of religion and limit the influence of religious institutions in governance. However, religious values and institutions can still significantly shape societal norms and cultural practices. Europe: In Europe, the relationship between religion and law varies among different countries. Some nations, like France, have strong traditions of secularism, where there's a strict separation between religious institutions and the state. Other countries, such as the United Kingdom and Germany, have established churches or state religions, but they also guarantee freedom of religion to their citizens. The European Convention on Human Rights protects the freedom of thought, conscience, and religion, ensuring individuals' right to practice their beliefs. In all these regions, legal systems strive to balance the protection of religious freedom with the need for secular governance and the protection of individual rights. The degree of separation between religion and law, the influence of religious values on legislation, and the extent of religious freedom can differ significantly based on historical, cultural, and legal contexts within each region.
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