2018•Unpublished venueRequires access

Freedom from religion in international human rights law

Frances Raday

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Abstract

Freedom from religion is intrinsic to the human rights system. There are three attributes of the human rights system that rest on the implicit respect for freedom from religion. The first is the essentially secular character of the human rights regime, the second the universality of human rights, and the third the principle of non-distinction, which is essential to the enjoyment of universal human rights. These attributes are interrelated, interdependent, and indivisible. The challenge to the universality of human rights on grounds of traditionalism, religion, and conservatism has found expression over the past decade at the heart of the international human rights system: the Human Rights Council (HRC). In legal terms, the right to freedom from religion can be best secured through secular constitutionalism or the relegation of the eschatological ideology of religions to the private sphere. Freedom from religion is indispensable for the universality of human rights, including the right to freedom of religion itself.

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What this paper is about

Freedom from religion is intrinsic to the human rights system. There are three attributes of the human rights system that rest on the implicit respect for freedom from religion. The first is the essentially secular character of the human rights regime, the second the universality of human rights, and the third the principle of non-distinction, which is essential to the enjoyment of universal human rights. These attributes are interrelated, interdependent, and indivisible. The challenge to the universality of human rights on grounds of traditionalism, religion, and conservatism has found expression over the past decade at the heart of the international human rights system: the Human Rights Council (HRC). In legal terms, the right to freedom from religion can be best secured through secular constitutionalism or the relegation of the eschatological ideology of religions to the private sphere. Freedom from religion is indispensable for the universality of human rights, including the right to freedom of religion itself.

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Available abstract

Freedom from religion is intrinsic to the human rights system. There are three attributes of the human rights system that rest on the implicit respect for freedom from religion. The first is the essentially secular character of the human rights regime, the second the universality of human rights, and the third the principle of non-distinction, which is essential to the enjoyment of universal human rights. These attributes are interrelated, interdependent, and indivisible. The challenge to the universality of human rights on grounds of traditionalism, religion, and conservatism has found expression over the past decade at the heart of the international human rights system: the Human Rights Council (HRC). In legal terms, the right to freedom from religion can be best secured through secular constitutionalism or the relegation of the eschatological ideology of religions to the private sphere. Freedom from religion is indispensable for the universality of human rights, including the right to freedom of religion itself.

Key concepts: Human rights, Law, Political science, Freedom of religion

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