Blog

Islam and Human Rights: A Critical Intersection

Max Regus - 30th August 2017

Global politics is increasingly concerned with the relationship between religion and human rights. Human rights violations of certain religious minorities in some countries indicate this trend and represent a critical intersection between Islam and human rights. In this context, it is argued that it is important to work towards achieving a mutual understanding between religion (in […]

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Trinity Lutheran v. Comer: Does The U.S. Supreme Court Now See Separation of Church and State as a Kind of Religious Discrimination?

John E. Taylor - 11th July 2017

The U.S. Supreme Court’s decision in Trinity Lutheran v. Comer seems modest on its facts, but it moves the Court one step closer to a complete reversal of the “separation of church and state,” at least in matters of government funding of religious institutions.  Thirty-five years ago, governments were usually required to exclude religious institutions from […]

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The Devil’s in the Dictum: the Kenyan Court of Appeal Wishes Away the Inviolability of the Right to Hold a Religious Belief

Alvin Attalo - 5th July 2017

High school students subscribing to the Seventh Day Adventist faith have cause for celebration. In Seventh Day Adventist Church (East Africa) Limited v Minister for Education & 3 others, Kenya’s Court of Appeal moved to guarantee their right to manifest their faith by observing Sabbath from sunset Friday to sunset Saturday. The case is of importance […]

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The Travel Ban as Religious Discrimination: Judges’ Engagement of Political Discourse and Recent History

Julie Suk - 3rd April 2017

On March 15, 2017, two federal district courts, in Hawaii and Maryland, enjoined the enforcement of President Trump’s second executive order restricting travel from six predominantly Muslim countries.  In both of these decisions, the courts arrived at the conclusion that plaintiffs were likely to succeed on their claim that the travel ban constituted religious discrimination […]

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Live Music during Thaipusam Processions in Singapore: Developments in the Law on Freedom of Religion

Benjamin Joshua Ong - 17th November 2016

In Singapore, due to the 2009 Public Order Act, public processions require an official permit, which may have conditions attached. In Vijaya Kumar s/o Rajendran v Attorney-General (17 September 2015), three applicants, citing their constitutional rights to freedom of religion and equality before the law, challenged such a condition which prohibited the use of musical […]

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The French Council of State on the Burkini – Part 2: Upholding Religious Freedom

Rim-Sarah Alouane - 18th October 2016

In its ordinance of 26 August 2016 entitled Ligue des droits de l’homme et autres the Council of State — France’s highest administrative court —declared that the order of the mayor of Villeneuve-Loubet to ban burkinis had “seriously infringed, in a manner that was clearly illegal, fundamental liberties such as … religious freedom and individual freedom”. In […]

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The French Council of State on the Burkini – Part 1: “Reflections on Public Order”

Rim-Sarah Alouane - 12th October 2016

On 26 August 2016, in an ordinance titled “Ligue des droits de l’homme et autres – association de défense des droits de l’homme collectif contre l’islamophobie en France”, the Council of State — France’s highest administrative court — declared a ban on burkinis enacted by the mayor of Villeneuve-Loubet illegal. The grounds for this finding were that an alleged […]

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Conscientious Objection or Oppression: That is the Question

Pedro Montano - 17th May 2016

On 11th of August last year, the Supreme Administrative Court of Uruguay issued a judgment that recognises the fundamental right of physicians and healthcare personnel to conscientiously object to participating in abortion-related practices. This right stems from human dignity and freedom of conscience, widely protected by domestic law and several international conventions. The Uruguayan Constitution […]

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Blog: Scalia’s Influence on the Religion Clauses: Part II

John E. Taylor - 31st March 2016

During the last thirty years, Justice Scalia was a key figure in the Supreme Court’s steady movement away from separationist readings of the Establishment Clause in state funding of religious institutions and government religious speech cases. In the funding area, the Court’s repudiation of separationism is nearly complete. The governing law, Zelman v. Simmons-Harris and […]

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