right to religion

Question 1

Sahin v. Turkey (2005)

Answer 1

secular laws strictly observed - women not allowed to wear head scarves in unis

went to ECtHR - ruled in favour of state - due to importance of secular tradition in europe - separation of church and state

Question 2

Secularism in Europe

Answer 2

gained momemntum after french revolution - reactive secularism which demonized practice of religion in public spaces - public spaces to be protected against religion

Question 3

American Secularism

Answer 3

not reactive
does not demonize religious practices in public spaces
but states religion and state are separate

Question 4

Consistency of ECtHR in secular views of law

Answer 4

Lautsi v. Italy

italian mother - crucifixes in italian classrooms - sues the italian govt

court rules in favour of Italy

Where is the line between religion and culture? how do you define this boundary?

Question 5

how to define religion?

Answer 5

HRC - religion consists of ideas that are cordiant (persuasive), serious, and cohesive

freedom of religion - atheist, theistic

Question 6

Reynolds vs. US (1878)

Answer 6

mormon- allows 2 wives - reynolds argues criminalization flies against my freedom of religion bec mormon obligates the man to have more than 1 wife

ruling: SC for the first time ever, enunicated belief practice dichotomy - entitled to believe whatever you want but practice can be limited by law

Question 7

Realm of thought vs. realm of practice

Answer 7

everybody is entitled to believe whatever they want; however, the practice MUST be limited by law

Question 8

Wisconsin v. Yodo (1972)

Answer 8

US laws obliges parents to send children to school until 16
amish fam took case to court - saying against religious freedom - not a fan of schooling system - religion prohibits education of children in schools

SC ruled in favour of Amish peeps (religious freedom preached in 1970s)

Question 9

Masterpiece Baking Company v. Civil Rights Commission of Colorado (2018)

Answer 9

owner of cake company refused to bake cake for same-sex couple

SC ruled in favour of baking company

Question 10

Freedom of Religion in US

Answer 10

endorses christianity over other religions

establishment clause (1st Amendment)
- state not in a position to favour one religion over others
-indvs entitled to practice their religion as long as it does not affect the clause

Question 11

2 traditions of secularism

Answer 11

1. Anglo-American Tradition
   Origin: Protestant Reformation, British dynastic politics
   Aim: Disestablishment to enable religious pluralism.
   U.S. 1st Amendment: Protects religious free exercise and bars state establishment.
   View: Religion is to be protected as a foundation of freedom and human rights.
2. Continental Tradition
   Origin: Enlightenment and revolutions (e.g., French Revolution, communism).
   Attitude: Religion seen as repressive and tied to autocracy.
   Emphasis on laicism (secularism defined against religion).
   View: Religion must be restrained to enable rational freedom and equality.

Question 12

Competing Approaches to Religion and Rights

Answer 12

Anglo-American secularism → Maximizes religious freedom.

Continental laicism → Views religion as a threat to rational progress and freedom.

Leads to distinction between “secular” (neutral) and “secularist” (oppositional) states (T.N. Madan).

Question 13

Case Study: India

Answer 13

Gandhian secularism: Religion is integral to politics.

Nehruvian secularism: Modernization through state-building.

Question 14

Challenges to Religious Freedom

Answer 14

Anglo-American secularism → Risk of majoritarianism (e.g., Christian nationalism in the U.S.).

Continental laicism → Risk of repressing religious expression (e.g., French headscarf laws).

Religious nationalism → Relativizes human rights (e.g., anti-conversion laws in India).

Question 15

Religious Freedom Article

Answer 15

Article 18 - UDHR and ICCPR

Question 16

General Comment No. 22 (1993)

Answer 16

by the UNHRC
protects beliefs, not only religions- including right not to believe

Question 17

UN contributions

Answer 17

• Special Rapporteur on Freedom of Religion or Belief: Tracks violations and recommends remedies.
  
  • Relevant legal bodies: Human Rights Council, General Assembly, UNESCO, ILO.

Question 18

Regional Legal Instruments

Answer 18

ACHPR - article 8
ACHR - arucle 12
ECHR - article 9

Question 19

Internal vs. External Dimensions

Answer 19

Internal: unconditional and absolute; cannot be restricted
- freedom to adopt/change belief
-freedom from coercion

External: subject to limitations only when by law and necessary to protect safety, health, and rights of others
-eg: worship and places of worship, rituals, dietary laws, holy days, etc.

Question 20

Canadian Law

Answer 20

Section 2 (a): freedom of conscience and religion