The French Council of State on the Burkini – Part 2: Upholding Religious Freedom
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...
The French Council of State on the Burkini – Part 1: “Reflections on Public Order”
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...
The ‘Burkini Ban’ – A Red Line even for the European Court of Human Rights?
The decision of several authorities in France to prohibit the wearing of the burkini on public beaches has caused considerable controversy. Within France, the ‘burkini ban’ has been justified primarily...
L’interdiction au Maroc de rompre le jeune pendant le Ramadan est contraire aux obligations internationales des droits de l’homme de ce pays
Ce jeudi 16 juin 2016 d’après ce qui à été publié par le journal Marocain TelQuel, deux hommes ont été condamné à de la prison pour avoir rompu en publique...
Morocco’s Prohibition on Breaking Fast During Ramadan Violates The Right to Freedom of Religion and Belief
On Thursday, 16th of June 2016, according to what was reported by the Moroccan newspaper TelQuel, two men have been sentenced for publicly breaking the religious fast during the holy...
The Maltese Equality Act: Friend or Foe of Freedom of Religion?
With the recent rise of anti-discrimination legislation, the need for legislators to strike a fair balance between competing rights and interests while also ensuring provisions meet the basic legislative requirements...
Conscientious Objection or Oppression: That is the Question
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...
India’s High Court upholds right of women to enter religious places
In a recent ruling, the Bombay High Court upheld the right of women to enter the Shani Shinganapur temple in the Indian state of Maharashtra. This decision has been hailed...
Blog: Scalia’s Influence on the Religion Clauses: Part II
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...
Justice Scalia’s Influence on the Religion Clauses Part I: Free Exercise Law
The “big three” issues in Religion Clauses jurisprudence are: (1) whether and how judges should decide claims to free exercise exemptions from generally applicable laws; (2) when government religious speech...
Pakistan: A Paradoxical Divinity
The 4 January 2016 marked five years since the Punjab governor Salman Taseer was killed by a member of his own security detail in a popular market in Pakistan’s capital...
Conscientious Objection or Conscious Oppression?: The Uphill Battle to Access Abortion Services in Uruguay
In October 2012, Uruguay passed Law 18,987 that waives criminal penalties for abortion in the first 12 weeks of gestation. Where the pregnancy results from rape, abortion is permitted in...