ABSTRACT

This chapter asserts that the hierarchy is unjustified and must be levelled by ensuring that freedom of religion and belief equally protects freedom from religion and belief. Having established that a pro-religious bias exists in the practice of international human rights law, it becomes necessary to consider whether such bias is justified. An argument could be made that pro-religious bias at international law is justified because of the inherent value of some religions and beliefs relative to others. Freedom of religion and belief includes a set of rights and freedoms that a person has to manifest his or her religion or belief, as well as to not be coerced by the state or non-state actors to submit to a particular religion or version of it. Explicit recognition of the right to manifest atheism will be an unwelcome approach in many states that favour particular religions or beliefs.