Are State Churches Contrary to International Law?

Abstract

This article focuses on state churches in liberal democracies, arguing that an international law-oriented analysis thereof generates legal arguments against state church models in se. In addition to arguments derived from legal theory against establishment of religion, there is comparative legal data substantiating a correlation between establishment and ‘governmental favoritism’; whilst legal-sociological data in turn substantiates a correlation between ‘governmental favoritism’ and increased restrictions on religious and other liberties. Accordingly, this article challenges the myth of ‘benign establishment’.

Keywords: state church, state religion, establishment of religion, human rights, freedom of religion, equality