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Freedom of religion and religious coercion The challenge posed by the prohibition of coercion as a condition of religious freedom

SP Pretorius
- 20 Jul 2013 - 
- Vol. 54, pp 114-129
TLDR
The South African charter for religious rights and freedoms not only provides an ideal platform to engage in a fruitful interaction with other religions but also to guard and assist in the adherence to the fundamentals of religious freedom.
Abstract
Religious freedom opened up a world for religious diversity. Te drafters of the right to freedom of religion were well aware of the atrocities committed in the name of religion and therefore include an important fundamental of religious freedom. Belonging to and participating in the practises of religion must be a voluntary act. Unfortunately, as a result of the susceptibility of people and the nature of religion some new religious groups feel entitled to ignore the condition believing that their belief system supersedes any earthly convention. Addressing this issue pose a challenge to governments. Restricted by the right to religious freedom no political or legal measure can be introduced to regulate or prescribe the internal functioning of religion. The solution is needed on another level. The South African charter for religious rights and freedoms not only provides an ideal platform to engage in a fruitful interaction with other religions but also to guard and assist in the adherence to the fundamentals of religious freedom.

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Law as a Precondition for Religious Freedom

TL;DR: In a religiously pluralistic world, granting the guarantee of freedom of religion is also in the state's best interest as mentioned in this paper, and the essentially pragmatic nature of law overcomes the tragic dilemma, albeit at the price of acknowledging that jurisprudence is policy-making.

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References
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Journal ArticleDOI

Active Liberty: Interpreting Our Democratic Constitution

TL;DR: In this article, a discussion of the constitutional commitments that inform the decisions of the Supreme Court is presented, focusing on one constitutional value that has been underappreciated: a commitment to democratic participation and self-government which he calls ''active liberty''.
Journal ArticleDOI

New religious movements and the fear of crime

TL;DR: The anti-cult movement has had a significant influence on the creation of the 2001 Anti-Cult Law in France as discussed by the authors, where a state apparatus has been put into place against new forms of religion with the possible consequences of limiting religious freedom and tolerance in France.
Journal ArticleDOI

Law as a Precondition for Religious Freedom

TL;DR: In a religiously pluralistic world, granting the guarantee of freedom of religion is also in the state's best interest as mentioned in this paper, and the essentially pragmatic nature of law overcomes the tragic dilemma, albeit at the price of acknowledging that jurisprudence is policy-making.
Journal Article

Faith in the Law – The Role of Legal Arrangements in Religion-Based Conflicts Involving Minorities

TL;DR: In this paper, the authors examine the role of the law within Western liberal democracies in the context of cultural tensions involving religious minorities and find that a threatened hegemonic Christian identity and secular illiberal sentiments disguised in liberal narratives often motivated legislative and judicial actions curtailing the freedom of religious minorities in leading liberal democracies.
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