RECONCILING SOCIAL COHESION, RELIGIOUS LAW AND SECULAR RIGHTS

ABSTRACT.The aim of the present study is to examine and evaluate powerful secularizing currents in European society, moral and religious diversity, and structuring and permanent characteristics of democratic societies. The theory that I shall seek to elaborate here puts considerable emphasis on the secular protection of pluralism against religious egoism, secularism as the separation of religion and state, and the objective constituents of the spiritual world.Keywords: religious diversity, democratic society, the secular protection of pluralism1. IntroductionThis study is grounded in the considerable body of scholarship examining the proper role of religion in the public square, religious imagery in the public square, and the constitutional framework of religious liberalism. The goal of the present study is to determine if there are relationships between the interpretation of religious freedom, the shriveling of church institutions, protection of religious liberty, and the theological premises and arguments of religious liberalism. Related topics I will explore include the duality between right of identity and right of expression, the individual's autonomy in democratic societies, and the settlement between religious and secular influences in Europe.2. The Construction of the Right of Freedom of ReligionCentral to the interpretation of religious freedom is the understanding of the clash between individual claims and group claims. The construction of the right of freedom of religion must deal with elements of constraint as well as freedom. A dual perception of religion can be seen in the way international human rights law interprets the right to non-discrimination on the basis of religion. Religion may serve an important part in the formation of national identity and cohesiveness. Religions seek to regulate every aspect of the lives of their members. States that are not democratic and do not respect human rights infringe religious freedom. Religious legal systems often do not adhere to internationally accepted human rights norms. The duality between right of identity and right of expression is key to the analysis of religious speech and its legitimate boundaries. l The European Court should put particular emphasis on construing a concept of pluralism and neutrality that protects the religious identity of all. Individual religious identity needs better recognition and protection by the ECtHR. Freedom of conscience is a fundamental area of the individual's autonomy in democratic societies.2 Religious freedom includes a right to autonomy and self-determination for religious communities. The ongoing enterprise of constitutionalism is one to which religious freedom contributes.3 The Christian religion has lost its dominant position in the lives of the majority of citizens. The belief that human life is sacred is an essentially religious belief. There are many religious people for whom their faith is the source of their morality.4For Bodin, monarchs could best limit class conflict between rich and poor. Bodin is interested in establishing the independence of sovereign states from claims of overlordship by the Holy Roman Empire and the papacy. Sovereign power could police and moderate the religious conflict between the Huguenots and the Catholic League. Bodin's subordination of church to state served the goal of religious toleration.5 The study of religious pluralism seeks to reach greater understanding of religion. Religious teachings respond to some developments that touch on questions of human rights. Religion is part of the process of public reasoning that guides a society's morals.6 The social functions of religion seem to dissolve. Religion is not simply an add-on to material resources, ceasing to be called upon to control directly the natural and social world. Liberal societies can do no more than take the right to religion seriously.7 EU law protects the broad outlines of the settlement between religious and secular influences in Europe. …