Trispiotis, I orcid.org/0000-0002-7458-9896 (2019) Religious Freedom and Religious Antidiscrimination. Modern Law Review, 82 (5). pp. 864-896. ISSN 0026-7961
Abstract
This article develops a theoretical framework that prompts a new understanding of the role of religious freedom and religious antidiscrimination in human rights law. Proceeding from the prevailing theoretical and doctrinal uncertainty over the relationship between the two rights, which are currently seen as either synonymous or as distinct and in competition, the article develops an account of the moral right to ethical independence and argues that religious freedom and religious antidiscrimination share their main normative basis on that moral right. However, religious freedom and religious antidiscrimination have different emphasis, and both are essential to secure fair background circumstances for the pursuit of different individual plans of life. The proposed framework illuminates the relationship of individual and collective aspects of religious freedom with discrimination law. The analysis has crucial implications for human rights interpretation in cases involving state interference with liberty, in relation to religion or belief, and more broadly.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2019 The Author. The Modern Law Review © 2019 The Modern Law Review Limited. This is the peer reviewed version of the following article: Trispiotis, I. (2019), Religious Freedom and Religious Antidiscrimination. The Modern Law Review, which has been published in final form at https://doi.org/10.1111/1468-2230.12449. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 18 Apr 2019 08:51 |
Last Modified: | 27 Jun 2020 00:38 |
Status: | Published |
Publisher: | Wiley |
Identification Number: | 10.1111/1468-2230.12449 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:145158 |