ABSTRACT

This chapter illustrates the importance of the right, as part of the right to believe, to be able to manifest and practise those beliefs by members of religious communities. The right to worship is an important part of the collective right to freedom of religion and normally takes place in community with others and may even take place in public. Burial rights relates to the whole range of death and burial practices in respect of the deceased, including aspects such as places of worship, disposal of the dead, burial grounds, crematoria and religious sites. The Canadian Courts affirmed that ‘a place of worship is necessary to the practice of a religion’. The preamble of the South African Charter of Religious Rights and Freedoms emphasises and recognises the fact that rights also impose the corresponding duty on everyone in society to respect the rights of others.