Religion in Human Rights Law: A Normative Restatement

Abstract

In a companion article published in the preceding issue of this journal, "The Right to Freedom of Religion and the Right against Religious Discrimination: Theoretical Distinctions," we focused on the theoretical differences between the right to freedom of religion and the right against religious discrimination. We explained that the right to freedom of religion is best understood as protecting our interest in religious adherence (and non-adherence), understood from the committed perspective of the (non)adherent. On the other hand, the right against religious discrimination is best understood as protecting our non-committal interest in the unsaddled membership of our religious group. This fol..