Human Rights Law Review (2017, Forthcoming)
26 Pages Posted: 22 Jul 2017
Date Written: 2017
This article examines the normative force and limits of article 22 of the ASEAN Human Rights Declaration (‘AHRD’) to advance the right to freedom of thought, conscience, and religion among ASEAN Member States. It argues that efforts to advance this freedom based on the AHRD is likely to be hampered by two constraints - one external to the document and one internal to the document. The external challenge is that there is no baseline consensus upon which to build a core understanding of the content of the freedom of thought, conscience, and religion due to competing visions of freedom of religion. The internal constraint stems from the various provisions within the AHRD that appears to grant states significant discretion in defining the content and scope of human rights. In examining these constraints, this article seeks to inform a broader enquiry as to the AHRD’s potential as a regional human rights instrument.
Keywords: human rights law, religious freedom, law and religion
Suggested Citation: Suggested Citation
Neo, Jaclyn L., Realizing the Right to Freedom of Thought, Conscience, and Religion: The Limited Normative Force of the ASEAN Human Rights Declaration (2017). Human Rights Law Review (2017, Forthcoming) . Available at SSRN: https://ssrn.com/abstract=3004304