ABSTRACT

The rights of non-discrimination and equality have long engaged political and legal philosophers, thinkers, and practitioners alike. They serve social, economic, political, and symbolic purposes and are used as a description of facts or prescrip­ tion of ideals. Though many have assumed non-discrimination and equality to reflect two sides of the same coin, closer attention suggests that the principles apply differently and sometimes even diverge. They are also construed and applied differently in different jurisdictions. Their bearing on freedom of religion or belief gives rise to particular implications. With a recent legislative and policy shift from non-discrimination to equality in a number of jurisdictions, it is timely to examine the implications of these two principles for freedom of religion or belief. Furthermore since equality and non-discrimination often provide the framework within which religion or belief exemptions are sought, and may be rejected, it is appropriate to revisit the question of religion or belief claims in this context. That is the subject matter of this chapter.