ABSTRACT

This chapter illustrates that the concept of a ‘religious organisations’ is very broad. It provides different types of religious organisations and institutions. Religious organisations are further described as ‘mediating structures’ according to Berger and Neuhaus, referring to institutions that stand between the individual and his or her private life, and institutions of public life, helping the individual to mediate between the private and the public spheres. The international classification of non-profit organisations classifies non-profit institutions by primary area of activity. The courts will ultimately have to judge whether a specific religious institution qualifies as ‘religious’ for purposes of the right to freedom of religion, based on the nature of the institution, aims and objectives, functioning and characteristics. Religious associations must make sure that they follow their own rules and procedures and that their internal church orders and rules provide for the necessary procedural guarantees in order to give effect to the basic requirements of a fair hearing.