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.

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Why Religious Freedom Matters to Me

Chris Seiple is the president emeritus of the Institute for Global Engagement, a think- and do-tank operating at the intersection of religion, realpolitik, and reconciliation. The following is an edited summary of his remarks at the ICLRS 2022 Religious Freedom Annual Review, 16 June 2022.

Religious Freedom Is the Only Thing that Works

Why does religious freedom matter to me? The answer is that religious freedom is the only thing that works. It is the only thing that brings together principles and practicality in a way that speaks to all audiences and serves all citizens. It is as simple as that. It is a philosophy of self, societal, and state governance, holistic from the bottom up (the individual/grassroots) to the top down (the institution/government). This approach works, but it takes a lot of work to make it work.

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The Foundational Character of Freedom of Religion or Belief

W. Cole Durham, Jr., is president of the G20 Interfaith Forum Association and is the Susa Young Gates University Professor of Law and founding director of the International Center for Law and Religion Studies (ICLRS) at the J. Reuben Clark Law School of Brigham Young University. He is a graduate of Harvard College and Harvard Law School and is a founding editor-in-chief of the Oxford Journal of Law and Religion. 

This post was initially presented as a keynote address at the Fringe Conference held on 5 July 2022 at Portcullis House, Westminster, United Kingdom, in conjunction with the International Ministerial on Freedom of Religion or Belief. The address was part of a session titled “Preventing Violence, Promoting Freedom of Religion or Belief—An Overview.” The event was hosted by the All-Party Parliamentary Group for the Prevention of Genocide and Crimes Against Humanity, among others, and sponsored by The Church of Jesus Christ of Latter-day Saints and the ICLRS. The post was originally posted on the G20 Interfaith Forum blog, Viewpoints.

Today I want to advance seven reasons for thinking freedom of religion or belief is foundational: It is historically foundational, philosophically foundational, institutionally foundational, and empirically foundational. It is instrumentally foundational in that it is the best tool we have for forging peace in a highly pluralistic world, and it is intrinsically foundational because it protects the core of human dignity. Finally, it is foundational in being a critical criterion of justice. Let me provide a thumbnail sketch of each of these points.

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