Defaming the freedom of religion or belief: a historical and conceptual analysis of the United Nations

Schaik, B. van (2022)

Doctoral Thesis

Defaming the Freedom of Religion or Belief: A Historical and Conceptual Analysis of the United Nations analyses the development of and the controversy around the formulation and interpretation of the freedom of religion or belief as a universal right within the United Nations. The legal, philosophical, and political dimensions of the subject are discussed.This study demonstrates that the universality, content, and non-discriminatory implementation of the freedom of religion or belief has been questioned since its drafting process, not only on a theoretical level by postmodern views, but also, throughout the years, from a legal and political perspective within the UN. From various angles, these actors seem to ‘defame’ the freedom of religion or belief—hence the title of this study—and have succeeded in changing the provision by interpreting it differently than its original 1948 objectives. These developments have continued and will most likely continue to lead to a diminishment of the normative force of the legal provisions regarding the freedom of religion or belief. Various topics, such as religious tolerance, blasphemy, defamation of religion, and apostasy, are discussed in this context.

• Freedom of Religion or Belief
• Religious Freedom
• Tolerance
• Secularism
• Blasphemy
• Apostasy
• Defamation of Religion
• Universal Declaration
• ICCPR
• United Nations

• All authors: Schaik, B. van
• Supervisor: Cliteur, P.B.
• Co-supervisor: Kwak, A.J.
• Committee: Ellian, A.; Sap, J.W.; Rijpkema, B.R.; Molier, G.; Tomoiaga, L.
• Qualification: Doctor (dr.)
• Awarding Institution: Institute for the Interdisciplinary Study of the Law, Faculty of Law, Leiden University
• Date: 2022-04-05