Religion and law in Slovenia

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Cover Title Page Copyright Page The Authors List of Abbreviations Preface Acknowledgements General Introduction §1. General Background §2. Social Facts about Religion §3. Historical Background I. Pre-1788: Indigenous History and Spirituality II. 1788–1819: European ‘Discovery’ and ‘Settlement’ III. 1820–1850: Transition from ‘Penal Colony’ to ‘British Colony’ IV. 1851–1900: Decline of Establishment V. 1901: Federation VI. 1901–2010: Post-Federation Part I. Legal Framework and Sources Chapter 1. General Protections for Religion §1. The Commonwealth Constitution I. Preamble II. Section 116 III. External Affairs Power IV. Oaths of Office §2. State Constitutions I. Tasmania II. State Constitutional Oaths §3. Statutory Bills of Rights §4. Common Law Rule of Statutory Interpretation §5. Australian Human Rights Commission (AHRC) Inquiries §6. Absence of Regulation Chapter 2. Sui Generis Protections of Religion §1. Children §2. Food I. Ritual Slaughter II. Food Labelling III. Food Export §3. Clothes and Appearance §4. Oaths and Affirmations in Court Proceedings §5. Conscientious Objection Chapter 3. Typology of the System §1. Flexible Separation §2. Non-intervention §3. Neutrality §4. Equality §5. Secularity §6. Freedom of Religion and Belief Part II. Religious Freedom in General Chapter 1. Individual Religious Freedom §1. Scope of Section 116 I. The Need for Commonwealth Legislative Power II. No Guarantee of Religious Freedom III. The Need for Government Action IV. Actions of the States §2. Definition of Religion and Religious Belief I. Wilson and Deane JJ II. Mason ACJ and Brennan J III. Murphy J §3. Protected Manifestations of Religion Chapter 2. Collective and Organizational Religious Freedom §1. Constitutional and Legislative Protections I. Indigenous Communities II. Corporations §2. Exemptions to Legislation Part III. Legal Status of Religious Communities Chapter 1. Formal Status of Religious Communities §1. Unincorporated Associations §2. Statutory Incorporation Schemes I. Incorporation II. Associations Incorporation §3. Private Act of Parliament Chapter 2. Autonomy of Religious Communities §1. Generally §2. Voluntary Associations §3. Incorporation through Statute Chapter 3. Fundamental Rights and Religious Communities Chapter 4. Contractual Religious Freedom Part IV. International, Transnational and Regional Effects on Religious Communities Chapter 1. International Law Effects on Religious Communities §1. Basic Principles §2. International Legal Instruments on the Freedom of Religion Relevant to Australia §3. Legislative Transformation of International Legal Norms on the Freedom of Religion §4. Common Law Transformation of International Legal Norms on the Freedom of Religion §5. Indigenous Religious Beliefs and Customs Chapter 2. Transnational Law Effects on Religious Communities Chapter 3. Regional Law Effects on Religious Communities Part V. Religion and Politics Chapter 1. Religious Influence in Politics §1. Oath or Affirmation §2. Prayer in Parliament §3. Religious Organizations in Politics Chapter 2. Political Influence in Religion §1. Inquiry into Child Sexual Abuse in Religious Institutions §2. Indigenous Religious Beliefs §3. ‘Integration’ of ‘Muslims’ Chapter 3. Interaction between Religion and State on a Political and Legal Level §1. Relationship Between the Preamble and Section 116 of the Constitution §2. Conscience Vote §3. Religious Rhetoric of Political Leaders Part VI. Labour Law and Religion Chapter 1. Scope of Application of Labour Law §1. Is There a Contract? §2. Is the Contract One of Employment? §3. Will Religious Law Ever Apply? Chapter 2. Religious Ministers and Labour Law §1. Non-discrimination §2. Income and Fringe Benefits Taxation §3. Workers’ Compensation Legislation §4. Working with Children Chapter 3. Other Employees and Labour Law §1. Non-discrimination §2. Religious Worship in the Workplace §3. Trade Union Membership §4. Holidays §5. Income Taxation Part VII. Religious Communities and Protections of the Individual Chapter 1. Protection of Privacy §1. Data Protection §2. Right to Privacy §3. Sacred Aboriginal Sites, Objects, Laws and Customs I. Heritage Legislation II. Cultural Rights III. Equitable Right over Information of Religious and Cultural Significance IV. Public Interest Immunity V. Common Law Rule of Statutory Construction Chapter 2. Freedom to Marry Chapter 3. Freedom of Expression §1. Common Law Rule of Statutory Construction §2. Right to Freedom of Expression §3. Implied Constitutional Freedom of Political Communication §4. Anti-vilification Legislation I. Religious Vilification A. Vilification from Members of Other Religious Organizations B. Vilification from Lay Persons C. Vilification from within Religious Organizations II. Racial Vilification §5. Blasphemy and Blasphemous Libel Offences Chapter 4. Due Process Norms and Religious Groups §1. Due Process in the Secular Courts §2. Due Process and Administrative Decision-Makers §3. Due Process and Religious Organizations Chapter 5. Professional Secrecy §1. Religious Confessions §2. Ecclesiastical Censure §3. Other Professional Confidential Communications §4. Mandatory Reporting of Child Sexual Abuse Chapter 6. Medical Deontology §1. Refusal of Treatment I. Blood Transfusions II. Abortion III. Parentage Testing §2. Refusal to Treat I. Abortion II. Assisted Reproductive Therapy III. Withdrawal of Life-Sustaining Treatment §3. Medical Research Chapter 7. Non-discrimination §1. Non-discrimination Legislation I. Prohibition of Discrimination II. Specific Exemptions A. Religious Orders B. Religious Observance or Practice Exemption C. Religious Bodies Exemption D. Other Religious Exemptions III. Special Measures IV. Defence of Statutory Authority §2. Victimization §3. Right to Equality §4. Inquiries by AHRC Chapter 8. Penal Law and Religion §1. Religious Offences §2. Offences Prohibiting Certain Religious Conduct §3. Offences Protecting Religious Groups §4. Offences by Religious Ministers §5. Religious Belief or Practice as a Defence §6. Religion in Sentencing Part VIII. Church Financing in Australia Chapter 1. Funding from the Public §1. Dispositions by Gift and Trust §2. Undue Influence and Other Doctrines §3. Charitable Status I. Reforms II. Definition of a Charity III. Not-for-Profit Entity IV. Charitable Purposes V. Advancement of Religion VI. Public Benefit A. Advancing Religion B. Generally C. Disqualifying Purposes Chapter 2. Taxation Benefits §1. Commonwealth Taxes I. Income Tax II. Fringe Benefits Tax III. Goods and Services Tax (GST) IV. Deductible Gift Recipients §2. State and Territory Taxes I. Payroll Tax II. Land Tax III. Stamp Duty IV. Rates Chapter 3. Prohibiting or Facilitating Financing by Legislation Chapter 4. State Fundraising Legislation Part IX. Education §1. The Australian National Curriculum §2. National School Chaplaincy Programme Chapter 1. Religious Education in Government Schools and Universities §1. Government Schools §2. Conscientious Objection to Attendance at Particular Classes §3. Religious Worship and Observances §4. Non-discrimination Chapter 2. Religious Schools, Universities and Theological Colleges §1. Establishment and Operation §2. Home-Schooling §3. Public Funding §4. Non-discrimination Part X. Matrimonial and Family Law Chapter 1. Legal Position of Religious Marriage §1. Ministers of Religion Performing Marriages §2. Form of Ceremony §3. Non-legal Religious Ceremonies §4. Polygamy §5. Arranged Marriage §6. Underage Marriage §7. Same-Sex Marriage Chapter 2. Legal Position of Religious Family Law §1. Divorce §2. Property Settlement §3. Children Part XI. Religion and Culture Chapter 1. Religion and Art Chapter 2. Religion and Media Chapter 3. Religion and Civil Society Chapter 4. Religion and Public Debate §1. Right-Wing Christian Organizations §2. Indigenous Peoples §3. Muslim Minority Selected Bibliography Index