This is the first book in a two-part series of papers collected from an Oxford ICLARS conference on the theme ‘Freedom of/for/from/within religion: differing dimensions of a common right?’ The editors’ introduction makes it clear – it must be said in spite of a series of baffling diagrams – that the prepositions ‘for’ and ‘from’ denote multifaceted and interconnected concepts.
The collection is divided into three parts. The first concentrates on specific issues relating to freedom for and from religion. Richard Garnett notes that the scholars at the conference held different perspectives on what religious freedom and the four prepositions under discussion meant. He further notes that the Second Vatican Council's affirmation of the right to religious freedom and US constitutional law dovetail and illustrate that liberty depends upon careful curation of its cultural and religious heritage. Thomas Farr follows by observing that American law has traditionally considered religion itself as indispensable to the nation's experiment in liberty and that free exercise of religion (coupled with a ban on establishment) is a privileged part of the political process. A recent Supreme Court decision concerning the ministerial exception to discrimination law suggests that American jurisprudence is becoming more restrictive in its approach to the exercise of religion in public life. Pamela Slotte, reflecting upon European jurisprudence on the same topic, concludes that exceptions to generally applicable law concerning internal religious governance vary across states and time depending on context and circumstance. In dealing with this contentious area of law, the point is less about moving towards more or less religious autonomy but rather about making well-considered, workable decisions with which those affected can live. Frances Raday's essay focuses upon religious challenges to the aspirations of the Universal Declaration of Human Rights and concludes that pluralism and freedom from and of religion are ultimately secured through secular constitutionalism. David Pollock concludes the section with an essay arguing that freedom from religion is a matter of mutual non-interference best achieved through a balance of a secular state, the weighing of rights of affected parties and the scrutiny of laws imposing religious ethics.
The second part analyses the social contexts in which religious freedom operates today. Pierre Noel examines the importance of religious freedom to immigrants, whose religion is often central to their wellbeing and acts as an anchor as they integrate into their new lives in a new society. Renee Mirkes argues that the right to conscientious objection on religious grounds in healthcare can be reconciled with access to treatment through respectful dialogue, education and carefully designed safeguards. Clemens Steinhilber discusses how higher education of faith leaders is a potentially fruitful method for countering religious fundamentalism, although he does not fully address the fact that many Islamic terrorists have attended prestigious universities in the West. Maria Luisa Lo Giacco considers the problem of hostility towards the building or expansion of new mosques in the West and advocates for strong protections for minority religions to enable them to integrate over time. Sarah Hayes argues that equalities law ends up creating inequality in religious precincts by forcing the religious group in charge of the space to adhere to aspects of anti-discrimination law that interfere with its ability to run community activities in accordance with its own wishes. The implication is that communal rights of manifestation should be given greater weight alongside the individual's right to religious freedom. Jeroen Temperman rounds off the section with an overview of Strasbourg jurisprudence of religious freedom in prisons, concluding that protections are particularly strong regarding provision of religious dietary requirements and that religious organisations can play a key role in securing religious freedom for inmates.
The third section surveys the regional contexts in which religious freedom operates. Ahmed Salisu Garba looks at Islamic preaching boards in various states of Nigeria and recommends robust standards of judicial review over cases involving such laws. Piotr Szymaniec discusses the jurisprudence of the Polish Constitutional Tribunal and finds that religious freedom is generally protected but that it is difficult to discern a consistent approach or a unifying principle in the court's approach. Armin Langer interrogates the ‘Christonormativity’ of the purported state religious neutrality in Germany and finds that laws against religious displays or garb in government schools and offices privilege Europe's Christian heritage and in so doing marginalise minorities. Li-Ann Thio examines protections for proselytisation in various Asian countries and finds them wanting, arguing for the importance of strong safeguards for religious persuasion to avoid the tyranny of oppressive orthodoxy and, ultimately, totalitarianism. Oscar Diaz Munoz, providing the final contribution, traces the development of religious equality in the Peruvian Constitution up to its modern emphasis on ‘collaboration’ and ‘healthy secularity’.
This collection does what it says on the tin. The short pieces it contains naturally vary in quality, interest to the general reader and practical utility for policy-makers. Nevertheless, it is always good to read contributions from such a diverse range of authors, perspectives and places.
