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Freedom of Religion in A Secular World

Cruft, Liao, Renzo (eds), Philosophical Foundations of Human Rights, OUP, 2014 Forthcoming

King's College London Law School Research Paper No. 2013-4

21 Pages Posted: 13 Feb 2013 Last revised: 4 Feb 2014

Lorenzo Zucca

King's College London – The Dickson Poon School of Law

Date Written: February 13, 2013

Abstract

The human right to freedom of religion (HRFR) has a radically different understanding in the historical constitutional instruments of the US and Europe. It is for example embedded in the first amendment of the American Constitution but finds no explicit recognition in the French Declaration of Rights. The question that emerges from this simple starting point is: what is the place of freedom of religion in a system of protection of international human rights? Is there a single answer to this question or is it a deeply contingent matter that depends on discrete constitutional histories? This chapter attempts to unravel this deeply contentious issue, which goes to the very core of disagreement about the nature of the human rights to freedom of religion. Lacking agreement on what constitutes freedom of religion, international intervention should limit itself to the bare minimum on that ground. This makes freedom of religion a limited right at the international level.

Suggested Citation

Zucca, Lorenzo, Freedom of Religion in A Secular World (February 13, 2013). Cruft, Liao, Renzo (eds), Philosophical Foundations of Human Rights, OUP, 2014 Forthcoming; King's College London Law School Research Paper No. 2013-4. Available at SSRN: https://ssrn.com/abstract=2216744 or http://dx.doi.org/10.2139/ssrn.2216744

Lorenzo Zucca (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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