Freedom of Religious OrganizationsReligious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even politicians. While it is easy to support religious freedom in the abstract, tensions can arise between the activities of religious organizations and the law that challenge this general commitment to religious freedom. Should religious organizations be permitted to discriminate against women or gay people in their employment practices, when admitting members, or in providing goods and services? Should the courts interfere in these organizations to protect the interests of a disaffected member or to resolve internal property disputes? Should the state allow religious tribunals to determine or advise on family matters? While much has been written about religious individuals and the law, there has been a discernible lack of literature on organizations and the law. Jane Norton fills this gap with Freedom of Religious Organizations. By exploring potential conflicts between the law and religious organizations, and examining whether the current British response to such conflicts is justified, this book will consider when English law ought to apply to religious organizations and how these conflicts should be dealt with. |
Contents
Membership | |
Employment | |
Property Disputes | |
The Family | |
Goods and Services | |
Conclusion | |
Bibliography | |
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accept activity adjudication Ahdar Arbitration argued Article 9 association Bulgarian Orthodox Church Church of England Church of Scotland claim concerned consent considered context contract decision decisionmaking determining discrimination law discussed divorce Ecc LJ ECHR ECtHR EHRR employment enforce English law Equality Act 2010 EWCA Civ EWHC example exempted exit family law family matters freedom of religion harm principle harm to autonomy Human Rights Hutterite ibid individual autonomy interest interference internal norms interpretation involve Jewish Joseph Raz judicial jurisdiction justified liberal limited live a religious marriage membership Muslim noninterference one’s options organization’s organized religion particular personal autonomy potentially principles property disputes public authority Réaume Regulations relation religion or belief religious belief religious communities religious discrimination religious divorce religious doctrine religious freedom religious freedom protection religious organizations religious tribunals requirement resolve rules saw in Chapter secular selfgovernance sexual orientation social UKSC