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All Outputs (35)

What Are Conscientious Exemptions Really About? (2013)
Journal Article
Nehushtan, Y. (2013). What Are Conscientious Exemptions Really About?. Oxford Journal of Law and Religion, 393 - 416. https://doi.org/10.1093/ojlr/rws045

The main argument of this article is that granting conscientious exemptions is best understood as the outcome of tolerance than as a way of applying the idea of equality. It is also argued that perceiving the right to be granted conscientious exempti... Read More about What Are Conscientious Exemptions Really About?.

Granting Conscientious Exemptions: The Need to Take Sides (2012)
Journal Article
Nehushtan, Y. (2012). Granting Conscientious Exemptions: The Need to Take Sides. Religion and Human Rights, 7(1), 31-58

There are several possible views of the proper way in which the state should respond to claims to be granted conscientious exemptions. This article discusses, and ultimately rejects, two main approaches to the issue of granting conscientious exemptio... Read More about Granting Conscientious Exemptions: The Need to Take Sides.

The Links between Religion and Intolerance (2011)
Journal Article
Nehushtan, Y. (2011). The Links between Religion and Intolerance. Philosophy and Theology, 23(1), 91-132. https://doi.org/10.5840/philtheol20112315

This paper explores two main arguments. The first argument is that religious persons—because they are religious persons—are likely to be more intolerant than non-religious persons. This argument is supported by decisive empirical evidence. The second... Read More about The Links between Religion and Intolerance.

The Principle of Tolerance (2011)
Journal Article
Nehushtan, Y. (2011). The Principle of Tolerance. (TAU) Tel-Aviv University Law Review (Iyunei Mishpat), 34, 5-46

Religious Conscientious Exemptions (2010)
Journal Article
Nehushtan, Y. (2011). Religious Conscientious Exemptions. Law and Philosophy, 30(2), 143-166. https://doi.org/10.1007/s10982-010-9088-4

Several possible approaches can be applied by the state when it responds to religious conscientious objections. These approaches compare the response to religious-conscientious objections with that to non-religious objections. If the content of the o... Read More about Religious Conscientious Exemptions.

Female Segregation for Religious Justifications: The Unfortunate Israeli Case (2010)
Journal Article
Nehushtan, Y. (2010). Female Segregation for Religious Justifications: The Unfortunate Israeli Case. Droit et religion, 4, 441-459

This paper discusses two cases of segregation between men and women in Israel. In both cases, the segregation was based on religious justifications and in both cases the Israeli High Court of Justice (HCJ) either enforced the segregation (the ‘Women... Read More about Female Segregation for Religious Justifications: The Unfortunate Israeli Case.

Offensive expressions: the limits of neutral balancing tests and the need to take sides
Journal Article
Nehushtan, Y. (2016). Offensive expressions: the limits of neutral balancing tests and the need to take sides. Human Rights Law Review, 1-28. https://doi.org/10.1093/hrlr/ngv047

This article discusses the issue of offensive expressions, that is, expressions which cause harm or offence to the sensitivities and values of others. When the authorities are asked to approve an offensive expression or to protect the offensive speak... Read More about Offensive expressions: the limits of neutral balancing tests and the need to take sides.