Conceptualization Shapes Practice
Apostasy-Based Refugee Claims and International Human Rights Law
Bibliographic Data
| ID | 12930310 |
|---|---|
| Authors | Mirjam van Schaik (Open University of the Netherlands, corresponding author), L Hillary (0000-0002-2954-9174, University of Amsterdam) |
| Year | 2023 |
| Volume | 16 |
| Issue | 3 |
| Pages | 723-738 |
| Publication date | 2023-11-02 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Human Rights Practice (JOURNAL) |
| Journal identifiers | ISSN: 1757-9619 • E-ISSN: 1757-9627 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jhuman/huad052 |
| OpenAlex | W4388450256 |
| Language | EN |
| Citations received | 1 |
| References cited | 11 |
Freedom of religion or belief is guaranteed in international human rights law. Incorporating the right to apostasy as a fundamental aspect of religious freedom encounters challenges in different state practices. To study this phenomenon, this article explores the interaction of the conceptualization of the right to apostasy in international human rights law and in the context of apostasy-based refugee claims. The main argument of this article is that ambiguity in international human rights law exists on the concept of ‘apostasy’. This results in human rights protection gaps when states are unwilling to grant their inhabitants the right to apostasy. These gaps in protection are sometimes filled in by refugee law. However, in the specific context of apostasy-based refugee claims, this article identifies an issue with the identification and application of the concept of apostasy—and this conceptual ambiguity may lead to a lack of protection. Indeed, conceptualization shapes practice
Ambiguity · Apostasy · Conceptualization · Context (archaeology · Geography · Human rights · International human rights law · International law · Law and economics · Political science · Refugee · Religious Law · Sociology · Asian Geopolitics and Ethnography · International Law and Human Rights · Religious Freedom and Discrimination · Law · Philosophy
Human rights in international law
The Law of Refugee Status
Persecution, Concealment and the Limits of a Human Rights Approach in (European) Asylum Law - The Case of Germany v Y and Z in the Court of Justice of the European Union
The right to apostasy recognised? Reaffirming the right to religious freedom
Expanding the Frontiers of Refugee Law
When an Arab State Entered into International Refugee Instruments
| Citations per year | 1 |
|---|---|
| Citation span | 2026 - 2026 (1) |
| Highly cited | No |