Synergy and Conflict—Competing and Overlapping Interests of Freedom of Religion or Belief and Equality

Dr. Mine Yıldırım is Head of the Norwegian Helsinki Committee’s Freedom of Belief Initiative in TurkeyIssues relating to freedom of religion or belief and non-discrimination continue to provide a source for vigorous debate within parts of the human rights community.

The Report of the UN Special Rapporteur on Freedom of Religion or Belief published on 27 February 2020, which addresses gender-based violence and discrimination in the name of religion or belief, provides analyses and recommendations that drive further reflection on the various components of the right to freedom of religion or belief, including its scope, the subjects of the rights involved, and the obligations of states and other parties. While the Report claims to see “freedom of religion or belief and non-discrimination as mutually reinforcing rights,” this is not consistently the case. The Report rightly emphasizes that the right to freedom of religion or belief belongs to everyone, including men, women, and LGBT+ individuals, and that certain acts cannot be protected as manifestations of religion or belief and therefore must be restricted. However, as I indicate below, a more nuanced conception of autonomy and “collectivities” exists that the Report could have adopted to capitalize on the synergies between the freedom of religion or belief and equality. (more…)

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Fairness for All: An Answer to the Special Rapporteur’s Call for a Practical Resolution between Freedom of Religion or Belief and LGBT+ Non-discrimination

 

 

 

 

Robin Fretwell Wilson is Director, Institute of Government and Public Affairs, University of Illinois System & Roger and Stephany Joslin Professor of Law, University of Illinois College of Law

Tanner Bean is an Attorney with the law firm Fabian VanCott in Salt Lake City, Utah

U.N. Special Rapporteur, Ahmed Shaheed’s, report on freedom of religion or belief (“FoRB”) and gender equality (the “Report”) comes at an important moment in our collective existence. Many of us in many countries are struggling with the spread of the COVID-19 pandemic, fearing the impact on our families and communities. Yet, in the midst of this crisis, churches and people of faith continue to serve, albeit in altered and unique ways. In uncertain times like these, churches often rush to fill dire needs and remind us that we all need each other. (more…)

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Is Religious Autonomy a Threat to Gender Equality?


Montserrat Gas-Aixendri is Full Professor of Law and Religion at Universitat Internacional de Catalunya (Barcelona, Spain) 

 

In a 2013 Report, the UN Special Rapporteur acknowledged that freedom of religion or belief and gender equality sometimes seem to be in an artificial antagonism. In fact, synergies between the freedom of religion or belief and promoting gender equality remain systematically underexplored, discouraged, or delegitimized (para. 32-33, 42). Though the 2020 Report on religious freedom and gender equality rightly condemns violence and discrimination against women, girls, and LGBT+ persons based on the pretence of religious freedom, I must confess that I expected this report to have the courage to take on the challenge of finding synergies between the freedom of religion or belief and promoting gender equality. However, in many ways my expectations are left unmet. In the following paragraphs, I will try to comment on how the report addresses the issue of autonomy of religious institutions in the context of gender equality and why some of its points should be criticized. (more…)

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