Religious Rights and the Legal System

Balancing freedom of belief with social order and justice Introduction The right to religious freedom is foundational in many societies—but it is far from absolute. Legal systems must constantly navigate a delicate tension: on one hand, protecting an individual’s or community’s right to belief and worship; on the other, ensuring that this right does not infringe on public order, equality, or the rights of others. This article explores how religious rights interact with law and policy, how courts have sought equilibrium between belief and social order, and what this balance means in pluralist societies. The Foundations of Religious Rights Freedom of religion and belief (FoRB) is protected under multiple international instruments and constitutional frameworks. For example, states party to the International Covenant on Civil and Political Rights (ICCPR) are obligated to protect the right of individuals to hold, manifest and change their religion or belief. (humanrights.dk) One key normative rationale is decisional autonomy—the idea that individuals should have the agency to choose or change their faith, or not adhere at all. (academic.oup.com) At the same time, the right to religious freedom…

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