Freedom of Religious Expression, Hate Speech, and Discrimination Based on Sexual Orientation and Gender Identity

Montserrat Gas-Aixendri is a full professor of law and religion at Universitat Internacional de Catalunya (Barcelona, Spain).

The 2023 Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity [1] examines the intersection between freedom of thought, conscience, and religion or belief and protection from violence and discrimination based on sexual orientation and gender identity. The mandate recognizes the importance of respecting religious value systems and demonstrates a commendable commitment to safeguarding religious freedom for everyone, including individuals with diverse sexual orientations and gender identities.

As W. Cole Durham, Jr., points out, the conflicts arising from competing claims of freedom of religion or belief (FoRB) and sexual orientation and gender identity (SOGI) have been key issues in the ongoing “culture wars” for quite some time. Dealing with this clash in a thematic report for the United Nations requires careful judgment and equilibrium.

(more…)

Continue Reading Freedom of Religious Expression, Hate Speech, and Discrimination Based on Sexual Orientation and Gender Identity

Religious Freedom and SOGI Rights: Reflections on the UN Independent Expert Report

In June 2023, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity published the report “Freedom of religion or belief, and freedom from violence and discrimination based on sexual orientation and gender identity.” The report covers various aspects of a theme that provokes seemingly endless and often bitter debates among human rights academics and practitioners and that draws lines of political polarization in societies across the globe.

(more…)

Continue Reading Religious Freedom and SOGI Rights: Reflections on the UN Independent Expert Report

The Role of Religious Freedom Rights in Building a Free, Just, and Mutually Supportive Society

W. Cole Durham, Jr., is founding director of the International Center for Law and Religion Studies (ICLRS) and president of the G20 Interfaith Forum. He presented the following remarks[1] at the Second Brazilian Symposium on Religious Freedom in Brasília, Brazil, 8–10 August 2023. The Symposium was organized by both the ICLRS and the Brazilian Center for Law and Religion Studies (Centro Brasileiro de Estudos em Direito e Religião, CEDIRE), Faculty of Law, Federal University of Uberlândia. This essay first appeared on the G20 Interfaith Blog.

Introduction

It is a particular honor for me to launch our discussions at this Second Brazilian Symposium on Religious Freedom. I have had several opportunities over the past two decades to visit Brazil, and I have consistently been impressed with the strong commitment of Brazil’s people and its government to the highest standards of freedom of religion or belief. Article 5, clause VI, of the Brazilian Constitution provides that “freedom of conscience and belief is inviolable, assuring free exercise of religious beliefs and guaranteeing, as set forth in law, protection of places of worship and their rites.”[2] This clause provides broad protection for religious freedom, which is generally respected by both the government and the populace. As in all societies, there are recurring problems and imperfections in enforcement, but in general, it is fair to say that Brazil is a country with a particularly strong record when it comes to religious freedom.

(more…)

Continue Reading The Role of Religious Freedom Rights in Building a Free, Just, and Mutually Supportive Society