Freedom of religion and religious coercion The challenge posed by the prohibition of coercion as a condition of religious freedom
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.read more
Citations
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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''.
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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.
Establishing mutual ground that enables counselling of religious cult victims
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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 Article
The Permissible Scope of Legal Limitations on the Freedom of Religion or Belief in the Netherlands
Journal ArticleDOI
New religious movements and the fear of crime
Adam Possamai,Murray Lee +1 more
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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