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... Show moreDefaming 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. Show less
In Western liberal democracies religion has a special status. For example, the law allows a religious adherent to leave work for a holy day though not for a football match. Why is it that religion... Show moreIn Western liberal democracies religion has a special status. For example, the law allows a religious adherent to leave work for a holy day though not for a football match. Why is it that religion has been so privileged? It was the “why” that Bussey wanted to find an answer to.’During his research he found that the current accommodation of religion in the law is being robustly challenged – and even disregarded – by government actors, legal academics, and the media. The case study is the Trinity Western University case in Canada. This private, evangelical institution proposed to open a law school, but three provincial law societies refused accreditation because they deemed the admission’s requirement (which defined marriage as the union of one man and one woman) discriminatory against the LGBTQ community. In 2018, the Supreme Court of Canada ruled in favour of the law societies.Religious institutions that maintain traditional beliefs and practices are increasingly characterized as discriminatory. The extent to which this criticism is being accepted by the courts and the legal community is new. Using Thomas S. Kuhn’s theory, Bussey calls this development a legal revolution against religious accommodation. Show less
