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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Law, Religion, and Society: Sociology’s View of Law and Religion

Marcio Henrique Pereira Ponzilacqua is an associate professor on the faculty of Ribeirão Preto Law School at the University of São Paulo, where he is also currently the vice director. His research focuses on the sociology of law and religion, including freedom of conscience and belief, socio-environmental rights, water rights, public policy and social inequality, ethics and citizenship, and institutions and communities. Ponzilacqua is also a Franciscan Friar.

The following is a translated summary of his remarks as a panelist addressing “Law, Religion, and Society” at the First Brazilian Symposium on Freedom of Religion or Belief (2022).

The Amalgamation of Law and Religion

It is necessary to understand that, since the beginning, law and religion have been amalgamated. At times, priests, Levites, and scribes were involved in the concatenation of society’s regulatory norms. And in such cases, it is easy to see that the values underlying them were exceedingly religious. “Religious ethics,” if we can call them that, at the risk semantic imprecision and anachronism, have always permeated the ethics of legislative texts and judicial action for legitimation, correction, or even instrumentalization.

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