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An underlying theoretical point of this paper has been that if fundamental commitments and the questions of cultural identity that they bring with them (What is an X?) are understood in terms of functional analyses of the kind I have tried to give in the case of Islamic identity today, then there is scope to see these commitments as susceptible to various criticisms in the particular context of a conflict in which they might figure.  All this seems to me to offer far more scope and interest to moral philosophy than Williams allows it, even after granting to Williams the validity of the central role he gives to the idea of fundamental commitment and the validity of his critique of traditional moral philosophy. <br />  The paper has studied the question "What is a Muslim?" in the dialectic of a conflict arising out of a concern for Islamic Reform.  The conflict is one that arises because of moderate Muslims' fundamental commitment to a doctrine which contains features that are often effectively invoked by the absolutists whom moderate Muslims fundamentally oppose.  If a full analysis of the commitment reveals its defensive function which have disabled Muslims from a creative and powerful opposition to the absolutists, and if, moreover, this function of the commitment is diagnosed as itself based on a deep but common philosophical fallacy, it should be possible then for moderate Muslims to think there way out of this conflict and to transform the nature of their commitment to Islam, so that it is not disabling in that way. <br />The question of identity, "What is a Muslim?", then, will get very different answers before and after this dialectic about reform has played itself out.   The dialectic, thus, preserves the negotiability of the concept of identity and the methodological points I began with, at the same time as it situates and explains the urgency and fascination that such questions hold for us.

Human rights and religion can very often be seen as reinforcing one another. Therefore, religion plays a primordial role in promoting respect for human rights and fundamental freedoms. For example, moral imperatives like “do not take any human being's life” or “you shall not steal” can be found in all major religions of the world, and have acted as an inspiration for the fundamental laws made by man. <br />None the less, religious laws can also contradict man-made laws and human rights treaties. Just to take one example, according to the Christian faith it is impossible for a woman to become a priest, while multiple human rights treaties clearly prohibit discrimination between the sexes. <br />It is precisely in such contentious matters that the national State will often intervene, granting preferential treatment to either religious laws or man-made treaties. The State, however, when it does interfere, has to do so in a very careful way, for one fundamental right is the right to religious freedom. The State will therefore frequently have to try to strike a balance between this right and other human rights concerned. <br />One regional convention safeguarding both religious rights like freedom of religion and religious practice, as other fundamental rights, is the European Convention of Human Rights, which we will explore in this paper. States that are members of the Council of Europe and parties to this convention will have to try to find a balance while being watched by an observant European Court of Human Rights. Thus the task of finding a balance between these rights has in Europe ultimately been given to the European Court, and its case-law is especially illuminating on the very relation between these rights. Looking at this jurisprudence will enable us to find out how the relationship between religious rights and other fundamental freedoms is perceived in the European Human Rights system. One essential question that arises, is in what manner and to what extent the Court allows for limitations and exceptions on/to other human rights when it comes to religious matters. For example, can one’s personal freedom be limited in order to preserve someone else’s religious beliefs? Does the European Court deviate from its normal course of action when faced with religious cases? Does such a religious context constitute “special circumstances” that allow for a different treatment, and if so, can this be justified? And on the other hand, what are the ultimate boundaries that other human rights put on religion, religious rights and traditions? Where is the line drawn? <br />The purpose of this study is to explore the case-law of the European Court of Human Rights in search of an answer to this fundamental question. Rather than solely concentrating on the right to freedom of religion of article 9 ECHR, this paper will focus more on those other human rights contained in the Convention when they seem to conflict with the said right to religious freedom, and in a broader scope, with other religious rights, laws and practices. The jurisprudence of the Court, which seems to take a very nuanced position in such matters, will be examined. A study of this case-law will not only be helpful to explore the status of religious rights as compared to other fundamental rights, but may also be a source of inspiration for the international human rights system to promote concord between the different religions. Studying the way in which the European Court handles such cases will also lead us to new ideas on how to implement human rights in different religious cultures, while respecting diversity and religious freedom. In sum, exploring this human rights system will provide answers to the above posed questions, which shall lead us to new ideas on the tremendous important right to be protected in one’s religious freedom.

The recent creation of the Human Rights Council at the United Nations constituted another opportunity for the United States to take positive leadership towards a greater level of human rights implementation.  This opportunity for significant and timely paradigm shift has passed with too little fanfare.  The US refusal to run for election to the HRC, while not a crippling blow, does deprive it of the influence of the most powerful nation in the world.  The US’ ability and willingness to evade scrutiny of its human rights record is an important symbolic setback for human rights progress.  This most recent disappointing performance leaves a leadership vacuum which other less powerful nation-states are unlikely to fill.  <br />Are nation-states willing to or capable of generating a shift towards more complete fulfillment of global human rights?  If not, what other actors might take a “prime mover” role?   <br />Market forces are hugely important and dynamic actors, both globally and locally.  Businesses considered as a whole are immensely powerful in the lives of ordinary people and in global scope and influence.  However they don’t consistently act for the benefit of human rights at a global level because of their great heterogeneity, their motives, and their origins.  Economic institutions that interact directly with global markets are primarily concerned with nation-states development and trade policies.  These bodies pressure some nation-states to improve their human rights records.  However, the current major bodies depend on nation-states to enforce their rulings or provide their funding.  Furthermore their influence is reduced vis-à-vis more powerful nation-states, and their direct interaction with local communities is limited.  The help and participation of the international business community is vital, but cannot be relied upon as the catalyst for a paradigm shift in human rights implementation. <br />Religious institutions are uniquely situated to influence human rights implementation because of the function they perform – describing right and wrong conduct, the way things are and the way they should be.  The sheer numbers of people in the major world religions gives them potential to influence global human rights.  Religions engage in intensely localized action which is crucial for tangible human rights work.  They also possess a guiding structure which is necessary to achieve more equitable distribution of rights for all.  People are capable of influencing their surroundings, and religious belief structures can help to synchronize their efforts for change in a positive way.  <br />It is therefore necessary to describe and analyze how effective religious institutions might be in achieving increased human rights implementation.  Significant hurdles include at least current and past violent conflicts between people of different faiths, clashing belief structures, intolerance and extremism within religious groups, and the problem of influencing a diverse group of believers to perform any distinct action as a whole.  Unfortunately, religions have historically generated a great deal of human suffering, as well as advances in human rights.  <br />One way for religious institutions to influence a shift to greater human rights implementation is in acting as an organized moral restraint for governments.  This paper will attempt to identify areas in which the major religions have commonalities which are promising for joint human rights actions.  Additionally, it will include a focus on methods which religious groups have used to influence their governments for the purpose of bringing about positive change.