ABSTRACT

Following the format adopted in the preceding jurisdiction-specific chapters, this chapter begins by outlining the current domestic and international legal framework governing the relationship between religion and human rights. It then examines the State and human rights/religion intersect, giving particular attention to the established State support for Christian institutions as compared with its scant regard for the culture and beliefs of Indigenous People. This leads into a study of the case law that defines and illustrates the Australian interpretation of the freedom of religion and identifies the issues arising as that freedom traverses those of association and expression. Finally, the chapter considers the religion-related case law generated by equality and non-discrimination legislation as this intersects with the human rights of access to justice, to life, to marriage and to found a family, to employment, to obtain an education and to non-discrimination in accessing services.