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Religion and Human RightsAn Introduction$
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John Witte and M. Christian Green

Print publication date: 2011

Print ISBN-13: 9780199733453

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:osobl/9780199733453.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 April 2021

Permissible Limitations on the Freedom of Religion or Belief

Permissible Limitations on the Freedom of Religion or Belief

(p.254) 15 Permissible Limitations on the Freedom of Religion or Belief
Religion and Human Rights

T. Jeremy Gunn

Oxford University Press

This chapter examines permissible limitations on the freedom of religion or belief, with particular emphasis on the principal issues that arise under the limitations clauses of international human rights conventions and constitutions. It also considers the distinction between “absolute freedom of belief” and “limited freedom to manifest beliefs,” along with the standard three-step analysis of limitations clauses: the limitation must be “prescribed by law,” the limitation must be in furtherance of a legitimate state interest, and the limitation must be “necessary” (or “proportional”). Finally, it discusses the issue of proportionality in the analysis of limitations clauses.

Keywords:   freedom of religion, belief, limitations clauses, human rights, absolute freedom, limited freedom, proportionality

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