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The Place of Religion in Human Rights Law: Distinguishing Freedom of Religion from the Right Against Religious Discrimination
| Content Provider | Scilit |
|---|---|
| Author | Khaitan, Tarunabh Norton, Jane Calderwood |
| Copyright Year | 2018 |
| Description | Journal: SSRN Electronic Journal This paper argues that, while they are often conflated, the right to freedom of religion and the right against religious discrimination are in fact distinct human rights. Religious freedom is best understood as protecting our interest in religious adherence (and non-adherence), understood from the committed perspective of the (non)adherent. The right against religious discrimination is best understood as protecting our non-committal interest in the unsaddled membership of our religious group. Thus understood, the two rights have distinct normative rationales. Key doctrinal implications follow for the respective scope of the two rights, whether they may be claimed against non-state actors, and their divergent assessment of religious establishment. These differences reveal a complex map of two overlapping, but conceptually distinct, human rights which are not necessarily breached simultaneously. |
| Related Links | https://philpapers.org/archive/KHATPO-12.pdf https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=3162449 |
| ISSN | 10914358 |
| e-ISSN | 15565068 |
| DOI | 10.2139/ssrn.3162449 |
| Journal | SSRN Electronic Journal |
| Language | English |
| Publisher | Elsevier BV |
| Publisher Date | 2018-04-13 |
| Access Restriction | Open |
| Subject Keyword | Journal: SSRN Electronic Journal Religion and Religious Studies Discrimination Law Religious Freedom Legal Theory |
| Content Type | Text |
| Resource Type | Article |
| Subject | Public Health, Environmental and Occupational Health Psychiatry and Mental Health |
