ABSTRACT

There is an understandable tendency for international lawyers to look to the provisions of international human rights law when considering the scope of protection afforded internationally to a human right. One of the weaknesses of the architecture of protection is the extent to which it focuses on the freedom of religion and belief as an individual right. This chapter argues that it was necessary to take religious rights seriously. This is a clear requirement of a respect-based approach to the freedom of religion. The international community obviously has a critical role to play in furthering the freedom of religion. One of the most under-exploited forces for achieving progress on freedom of religion seems — paradoxically — to be religious communities and religious leaders themselves. To that end, there has been increasing focus in recent years on the establishment of national human rights mechanisms and institutions, in addition to the traditional national actors of state and civil society.