ABSTRACT

Early in 2006 the publication by the Danish paper Jyllands-Posten o f a series of cartoons o f the Prophet Mohammad acted as a catalyst for a debate about the relationship between the freedom o f religion and belief and the freedom o f expres­ sion. It soon became apparent that the ‘Cartoons Debate was merely one aspect o f a much broader debate concerning the place o f religion and o f systems o f belief in contemporary society. That more general debate has been reflected in the ever more intense discussions concerning a range o f issues, such as the visibility of religious symbols in public spaces and in the workplace and questions concerning the legitimacy o f protecting the ‘ethos5 o f a workplace and o f associated employ­ ment practices. At a more political level it has also found reflection in the discus­ sions concerning non-discrimination, hate speech, incitement to religious hatred and so-called ‘defamation o f religion(s)5. Although all o f these-and other-issues have their own internal dynamics there is a clear thread which connects them, this being the place of religion in the public domain. The significance o f this question is becoming ever more apparent and is not only of domestic importance

but is increasingly important. There is increasing scrutiny o f the practice of states in relation to matters of religion or belief and whilst such practice takes placeand is subject to analysis-on many levels, one o f the most important issues concerns the manner in which it bears upon the enjoyment o f other fundamental rights. Given the importance placed upon the freedom o f expression in the west­ ern liberal democratic tradition, it is easy to see why the relationship between religion, belief and expression has become so significant an issue and why the manner in which any tensions are addressed tends to assume something of a totemic significance in the eyes o f some observers.