ABSTRACT

Human rights are often presented as the manifestation of the golden rule. On the face of it, such a perspective works well when there is agreement. But circumstances can arise in which the relationship is not one of being enmeshed in a common cause; rather, the experience is of one outlook butting against the other. This chapter examines how religious liberties are approached universally and within the regional experience of the European Convention on Human Rights. Drawing upon recent legislative and criminal justice experiences in the United Kingdom and Australia, critical analysis will examine the extent to which those experiences represent blockages which then create the need for diversion or the opportunity for repair. The chapter culminates in a description of the delicate interplay between human rights, religion and the criminal justice system where alleged offenders may become victims because of the actual processes employed by the police.