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...
| Subtitles: | Special Issue: Limitations to Freedom of Religion or Belief in Theory and Practice, edited by Nazila Ghanea & Thiago Alves Pinto |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2020
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| In: |
Religion and human rights
Year: 2020, Volume: 15, Issue: 1/2, Pages: 3-19 |
| IxTheo 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) |
| 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. |
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| ISSN: | 1871-0328 |
| Contains: | Enthalten in: Religion and human rights
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| Persistent identifiers: | DOI: 10.1163/18710328-BJA10001 |