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4 - The Right to Religious Freedom

Published online by Cambridge University Press:  26 January 2010

Michael J. Perry
Affiliation:
Emory University, Atlanta
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Summary

Again, liberal democracy is, as such, committed to certain human rights. No country is truly a democracy unless it is committed to – unless it recognizes and protects, as a fundamental legal right – the right to political freedom: the right, that is, to freedom to seek, receive, and share information and ideas; to vote, and to run for and hold office; and to petition the government for a redress of grievances. Similarly, no country is truly a liberal democracy unless it recognizes and protects, as a fundamental legal right, the right to religious freedom – the right, that is, to freedom of religious practice. Commitment to the right to religious freedom is a sine qua non of liberal democracy. Nonetheless, the case for liberal democracy's commitment to the right to religious freedom is not self-evident.

As I explained in Chapter 1, we who affirm the morality of human rights, because we affirm it, should press our elected representatives not only not to violate human beings – any human beings – or otherwise cause them unwarranted suffering; we should also press them to recognize and protect certain moral claims as fundamental legal claims: moral claims about what may not be done, or about what must be done, especially by government, given that every human being has inherent dignity and is inviolable. The law of human rights is one way of trying to prevent governments – and others – from violating human beings or otherwise causing them unwarranted suffering.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

Eberle, Edward J., “Roger Williams' Gift: Religious Freedom in America,” ROGER WILLIAMS UNIVERSITY L. REV. 425, 441–42, 443 (1999)Google Scholar
Rubin, Elizabeth, “The Jihadi Who Kept Asking Why,” NEW YORK TIMES MAGAZINE, Mar. 7, 2004Google Scholar
Smith, Steven D., “What Does Religion Have to Do with Freedom of Conscience?” 76 U. COLORADO L. REV. 911, 921 (2005)Google Scholar
Laycock, Douglas, “Religious Liberty as Liberty,” 7 J. CONTEMPORARY LEGAL ISSUES 313, 317 (1996)Google Scholar
Davis, Derek H., “The Evolution of Religious Freedom as a Universal Human Right: Examining the Role of the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief,” 2002 BRIGHAM YOUNG UNIVERSITY L. REV. 217Google Scholar
The Foundations and Frontiers of Religious Liberty: A 25th Anniversary Celebration of the 1981 U.N. Declaration on Religious Tolerance,” 21 EMORY INTERNATIONAL L. REV. 1–275 (2007)
Witte, Jr. John, “Primer on the Rights and Wrongs of Proselytism,” 31 CUMBERLAND L. REV. 619, 627 (2001)Google Scholar
Frasier, Caroline, “Suffering Children and the Christian Science Church,” ATLANTIC MONTHLY, April 1995, at 105Google Scholar
Bleiberg, Benjamin D., “Unveiling the Real Issue: Evaluating the European Court of Human Rights' Decision to Enforce the Turkish Headscarf Ban in Leyla Sahin v. Turkey,” 91 CORNELL L. REV. 129 (2005)Google Scholar
“Other Faiths Are Deficient, Pope Says,” TABLET [London], Feb. 5, 2000, at 157
Breen, Lawrie, “A Chinese Puzzle,” TABLET [London], Mar. 5, 2005Google Scholar
Perry, John, “John Locke's America: The Character of Liberal Democracy and Jeffrey Stout's Debate with the Christian Traditionalists,” 27 J. SOCIETY OF CHRISTIAN ETHICS 227 (2007)Google Scholar
McConnell, Michael W., “Establishment and Disestablishment at the Founding, Part I: Establishment of Religion,” 44 WILLIAM & MARY L. REV. 2105, 2182 (2003)Google Scholar
“Atheist Defends Belief in God,” TABLET [London], Mar. 24, 2007, at 33
Cruickshank, Paul, “Covered Faces, Open Rebellion,” NEW YORK TIMES, Oct. 21, 2006Google Scholar
Griffin, Leslie, “Commentary on Dignitatis humanae (Declaration on Religious Freedom), in Himes, Kenneth R., ed., MODERN CATHOLIC SOCIAL TEACHING: COMMENTARIES AND INTERPRETATIONS 244 (2004)Google Scholar
Walsh, Michael, “U-turn on Human Rights,” TABLET [London], Dec. 14, 2002Google Scholar
Coleman, SJ John A., “Religious Liberty: Unfinished Items from the Council,” AMERICA, Nov. 28, 2005, at 9Google Scholar
Witte, Jr. John, “The Serpentine Wall of Separation,” 101 MICHIGAN L. REV. 1869, 1899–900 (2003)Google Scholar
“Religious Freedom Is Universal,” TABLET [London], Mar. 15, 2006
Campbell, Francis, “No Future in the Ghetto,” TABLET [London], Feb. 1, 2008Google Scholar
“The Challenge for Islam,” TABLET [London], July 8, 2006, at 2

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