A Common Denominator: The Role of the Anti-Exclusion Principle in Freedom of Religion Cases
The anti-exclusion principle is helpful as a common denominator for considering cases of conflict between religious autonomy and equality claims.
Right to Freedom of Religion
An Equal Right to Freedom of Religion: A Reading of the Supreme Court’s Judgment in Sabarimala
Religious denominations cannot exercise their autonomy in a manner that degrades basic human dignity.
Does State laicity in Québec breach gender equality?
The ongoing debate on State laicity in Québec recently took a new twist before the courts. Shortly after the enactment of the new Act respecting the laicity of the State,...
The Turkish Constitutional Court – An Effective Remedy or a Way to Avoid ECtHR Cases?
Turkey’s Constitutional Court (Anayasa Mahkemesi – AYM) issued an important judgment in May 2019, addressing State interference in the election of a religious leader, namely the obstruction of the election...
Akhter v Khan: Recognising (or not recognising) religious marriages in the UK
Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal...
A novel approach to Get refusal: the use of the offence of coercive control to obtain a religious divorce
For Jewish women, obtaining a religious divorce (Get) can be life-changing. Women denied a Get are considered ‘chained’ to their husband, preventing them from re-marrying within the faith (whilst not...
Parliamentarians and Freedom of Religion or Belief
Parliamentary networks for human rights are not unheard of. Several networks exist which draw attention to the role of parliaments and parliamentarians in the promotion and protection of human rights,...
The Failure of the Right to Freedom of Religion and Belief?: The Case of Southeast Asia
The right to freedom of religion or belief (“freedom of religion”) is protected at the international and regional levels in Southeast Asia. Indonesia and Myanmar also protect the freedom of...
Lessons from Sir Henry Brooke: Making Rights Real (II)
In my last post, I argued that the judgment in Gareth Lee v Ashers Bakery is the consequence of the failure to follow a structured human rights assessment. This is...
Lessons from Sir Henry Brooke: Making Rights Real (I)
What if? What if the UK House of Lords (as the UK Supreme Court then was) had left the judgment of Lord Justice Brooke in Begum in the Court of...
Antwerp Court muddies the waters: Belgian Burkini Ban Justified
On 18 December 2018, the Antwerp court of first instance held that the burkini ban in the Antwerp Police Regulations does not constitute discrimination based on religion. As opposed to...
Secularism as separation and neutrality: A redefinition of Concepts by the Constitutional Court of Peru
Last month, the Constitutional Court of Peru issued a judgment in the case 00007-2014-PA/TC, which concerned an application for amparo (constitutional relief) in favour of a teacher. The case began...
No results found.
Become A Contributor To The Blog
