The Naming of Religious Groups: A Human Rights Analysis

A logo of the Mount Sinai Health System, an example of “denominational trademarks” / Shutterstock

In this series, contributors discuss the naming of religious entities as a religious freedom issue. Focusing on Australia, Bulgaria, Estonia, Poland, Romania, Spain, and Ukraine, they analyze regulations implemented or considered in these states to restrict the autonomy of religious groups in choosing a name. From the perspective of human rights law, this autonomy, as an aspect of freedom of religion or belief, is not absolute. States are allowed to proportionally interfere in the naming of religious organizations to balance religious autonomy against the rights of others or other legitimate values, such as protection of intellectual property.

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Legal Restrictions on Names of Religious Groups in Australia

Jeremy Patrick is a senior lecturer at the University of Southern Queensland School of Law and Justice.

In Australia, religious groups are largely able to operate with autonomy and with very little government oversight—including over the names they wish to operate under. This is not to say that the government imposes no limitations whatsoever but that any limitations will arise only in very specific contexts, and for the vast majority of religious groups the vast majority of the time, these hypothetical limitations are of no real concern. In this brief post, I canvas the contexts of denominational trademarks, incorporation, charitable registration, marriage ordination, direct legislative protection, and schism. This brief overview shows that, apart from church property disputes after a schism, judicial and legislative restrictions on religious group names are rare and scattered.

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A Promise of Human Freedom: Synergies Between the Right to Freedom of Religion or Belief and LGBTQI+ Rights

Marie Juul Petersen is a senior researcher at the Danish Institute for Human Rights.

Dmytro Vovk is a visiting professor at the Benjamin N. Cardozo School of Law.

A version of this blog post appeared previously on Open Global Rights.

In June 2023, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI) presented his report on SOGI-related violence and discrimination and the right to freedom of religion or belief (FoRB).

The report is much needed, as the relationship between FoRB and rights related to sexual orientation and gender identity is widely seen as one of antagonism and controversy by both FoRB actors and the LGBTQI+ community. At the same time, both rights are crucial for ensuring individuals’ freedom to live their own lives in the manner they choose. This has been emphasised by the UN Special Rapporteur on FoRB, together with other UN Special Rapporteurs, in a 2021 joint statement asserting that “the right to freedom of religion or belief and the right to live free from violence and discrimination based on sexual orientation or gender identity are both built on a promise of human freedom.”

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