Hunter-Henin, M;
(2021)
Religious freedom and the right against religious discrimination: Democracy as the missing link.
International Journal of Discrimination and the Law
, 21
(4)
pp. 357-373.
10.1177/13582291211043421.
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Abstract
The article puts forward a novel democratic framework to rethink the relationships between religious freedom and religious discrimination. First, it makes a case for a unifying normative basis for all religious interests grounded in a democratic framework, which emphasises the dual dimension of religious interests, both as negative rights protecting individual autonomy against interferences as well as positive rights of participation. Second, it builds upon this democratic framework to revisit the relationships between discrimination law and religious freedom and guard against trends to subject discrimination law claims to preliminary (higher) thresholds. Third, the article examines how contextual balancing exercises between competing interests should (and to a large extent have) become a key unifying feature of both routes and draws from the democratic framework insights as to how these balancing exercises should be carried out.
| Type: | Article |
|---|---|
| Title: | Religious freedom and the right against religious discrimination: Democracy as the missing link |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1177/13582291211043421 |
| Publisher version: | https://doi.org/10.1177%2F13582291211043421 |
| Language: | English |
| Additional information: | © 2022 by SAGE Publications. This article is distributed under the terms of the Creative Commons Attribution 4.0 License (https://creativecommons.org/licenses/by/4.0/). |
| Keywords: | Religious freedom, religious discrimination, group disadvantage, democracy, Achbita, ritual slaughter, Ashers Bakery |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10133082 |
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