Christianity, Human Rights, and Dignity: Squaring the Triangle

Brett G. Scharffs
Brett G. Scharffs

Brett G. Scharffs is Rex E. Lee Chair, Professor of Law, and Director of the International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University

Andrea Pin is Associate Professor of Comparative Public Law, University of Padua, and Senior Fellow at the Center for the Study of Law & Religion Emory University

Andrea Pin

Dmytro Vovk is Director of the Centre for the Rule of Law and Religion Studies, Yaroslav Mudryi National Law University (Ukraine) and co-editor of Talk About: Law and Religion

This blogpost is modified from Scharffs, Pin, and Vovk’s Introduction to “Human Dignity and Human Rights—Christian Perspectives and Practices: A Focus on Constitutional and International Law,” in a special issue of the BYU Law Review.

Dmytro Vovk

Introduction

The relationship between Christianity and human rights is a matter of deep controversy, drawing the attention of theologians, historians, lawyers, and philosophers alike. The historical connections between various denominations of Christianity and human rights and the dialectics between Christianity and human rights are matters of endless academic debates. How much contemporary narratives of rights are owed to Christianity, what Christianity has borrowed from nonreligious modern and post-modern thinkers, the extent to which the contemporary language of rights clash with Christian values, and the theoretical foundations of such clashes keep scholars busy.

The topic, however, is all but confined to theoreticians. How Christianity understands or ought to understand rights is often discussed within legal and political circles. The public role of Christianity and Christians in contemporary societies surfaces whenever a policy that touches upon Christian values is discussed. Parliaments and courts, especially in countries born out of Christianity, are often busy trying to reconcile religious freedom claims put forward by Christians with rights that contradict Christian morality.

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Neutrality and “Religious Freedom for the Good of All”

Jeremy Patrick is a Lecturer for the University of Southern Queensland School of Law and Justice

There are many laudable statements in “Religious Freedom for the Good of All.”  The document acknowledges the Church must exist in a pluralistic and multicultural society (para. 10), that individual freedom is the birthright of every human being (para. 37), that coercion is not a legitimate means of religious conversion (para. 41), that the existence of “intermediary bodies” (including religious associations) between the individual and the state is crucial for a well-functioning society (para. 52), and that the free exercise of religion should be limited only when the rights of others or the necessities of public order are infringed (para. 79).  These may not be new positions for the Catholic Church since 1965, but they certainly represent real progress in the Church’s understanding of religious freedom across its long (and in the document, carefully-elided) history (see, e.g., para. 27).

The irony is that they are all also quintessential elements of the self-professedly “neutral” secular liberal democratic state that is repeatedly castigated throughout the document. According to the document, the liberal state is (somehow) simultaneously indifferent to religion (and thus responsible for the rise of “religious radicalization”) but also actively hostile to religion (and thus responsible for a “soft totalitarianism”) (para. 4). The heart of the problem, we’re told repeatedly, is the false idol of state neutrality towards religion (para. 5, 62-65, and 86).

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