Religion in Human Rights Law: A Normative Restatement
International Journal of Constitutional Law (Forthcoming)
16 Pages Posted: 27 Nov 2018 Last revised: 29 May 2019
Date Written: October 28, 2018
In a paper published in the preceding issue of this journal, we focused on the theoretical differences between the right to freedom of religion and the right against religious discrimination. We explained that the right to freedom of religion is best understood as protecting our interest in religious adherence (and non-adherence), understood from the committed perspective of the (non)adherent. On the other hand, the right against religious discrimination is best understood as protecting our non-committal interest in the unsaddled membership of our religious group. This follow-up paper builds upon these theoretical insights to show how key doctrinal implications follow from this distinction for the respective scope of the two rights, whether they may be claimed against non-state actors, and their divergent tolerance levels for religious establishment.
Keywords: freedom of religion, religious anti-discrimination, horizontality, religious establishment, legal theory, philosophy of law
Suggested Citation: Suggested Citation