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Religions Are A Problem For Human Rights, And Human Rights Are A Problem For Religions. And Both Are Problems For Courts. This Book Presents An Interpretation Of How Religion And Human Rights Interrelate In The Legal Context, And How This Relationship Might Be Reconceived To Make This Relationship Somewhat Less Fraught. Litigating Religions, An Essay Adapted By Christopher Mccrudden From The Alberico Gentili Lectures Given At The University Of Macerata, Italy, Examines How The Resurgent Role Of Religion In Public Life Gives Rise To Tensions With Key Aspects Of Human Rights, In Particular Freedom Of Religion And Anti-discrimination Law, And How These Tensions Cannot Be Considered As Simply Transitional. The Context For The Discussion Is The Increasingly Troubled Area Of Human Rights Litigation Involving Religious Arguments, Such As Wearing Religious Dress At Work, Conscientious Objections By Marriage Registrars, Admission Of Children To Religious Schools, Prohibitions On Same-sex Marriage, And Access To Abortion. Christopher Mccrudden Argues That, If We Wish To Establish A Better Dialogue Between The Contending Views, We Must Address A Set Of Recurring Problems Identifiable In Such Litigation. To Address These Problems Requires Changes Both In Human Rights Theory And In Religious Understandings.
This book investigates the inherent tensions between religious practice and human rights law, questioning how courts can navigate the conflicting demands of these two domains. Christopher McCrudden, a professor of human rights and equality law, utilizes his expertise in international law to analyze the legal friction caused by the resurgence of religion in public life. He argues that current legal frameworks are insufficient for resolving these disputes and proposes a shift in both human rights theory and religious interpretation to foster a more constructive dialogue.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this work as a significant contribution to the study of religious freedom and human rights litigation. Readers frequently note the academic density of the prose, which is well-suited for those familiar with constitutional law and human rights theory.
Page Count:
174
Publication Date:
2018-01-01
Publisher:
Oxford University Press
ISBN-10:
0192551558
ISBN-13:
9780192551559
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