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Religious freedom and the right against religious discrimination: Democracy as the missing link
International Journal of Discrimination and the Law Pub Date : 2021-09-16 , DOI: 10.1177/13582291211043421
Myriam Hunter-Henin 1
Affiliation  

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.



中文翻译:

宗教自由和反对宗教歧视的权利:民主是缺失的一环

文章提出了一个新的民主框架来重新思考宗教自由与宗教歧视之间的关系。首先,它为基于民主框架的所有宗教利益提供统一的规范基础,强调宗教利益的双重维度,既是保护个人自治不受干扰的消极权利,也是积极参与的权利。其次,它建立在这个民主框架的基础上,重新审视歧视法与宗教自由之间的关系,并防范将歧视法要求置于初步(更高)门槛的趋势。第三,

更新日期:2021-09-17
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