Limiting permissible limitations: how to preserve the substance of religious freedom

The question of how to draw legitimate limits to the content and exercise of human rights has caused many controversies, not only in academic debates, but also in human rights practice. Governments often invoke limitation clauses linked to human rights provisions as a broad allowance to impose restr...

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Bibliographic Details
Published in:Religion and human rights
Subtitles:Special Issue: Limitations to Freedom of Religion or Belief in Theory and Practice, edited by Nazila Ghanea & Thiago Alves Pinto
Main Author: Bielefeldt, Heiner 1958- (Author)
Format: Electronic Article
Language:English
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Published: Brill, Nijhoff 2020
In: Religion and human rights
RelBib Classification:AB Philosophy of religion; criticism of religion; atheism
AD Sociology of religion; religious policy
XA Law
ZC Politics in general
Further subjects:B forum externum and forum internum
B Proportionality
B limitation clauses
B freedom of religion or belief
Online Access: Volltext (Resolving-System)
Description
Summary:The question of how to draw legitimate limits to the content and exercise of human rights has caused many controversies, not only in academic debates, but also in human rights practice. Governments often invoke limitation clauses linked to human rights provisions as a broad allowance to impose restrictions. However, the main function of those clauses is actually to limit the scope of permissible limitations. This chapter takes freedom of religion or belief as a test case to illustrate the role of limitation clauses. Moreover, from an adequate understanding of limitation clauses, the popular “balancing” semantics deserves serious criticism, since it obfuscates the task to preserve the substance of human rights guarantees even in situations of normative conflict.
ISSN:1871-0328
Contains:Enthalten in: Religion and human rights
Persistent identifiers:DOI: 10.1163/18710328-BJA10001