Freedom of Religion or Belief in International Human Rights Law and the Provenance of a Distinct Right to Establish and Maintain Places of Worship

Law and Religion Scholars Network (LARSN) Doctoral Students Conference, 23 September 2011, Oxford Brookes University, United Kingdom

Posted: 26 Sep 2013

See all articles by Dr Noel Villaroman

Dr Noel Villaroman

United Nations; Monash University - Faculty of Law; International Consortium for Law and Religion Studies; Law and Religion Scholars Network (LARSN); Center for Civil and Human Rights; Integrated Bar of the Philippines

Date Written: September 23, 2011

Abstract

The aim of this paper is to establish the existence and normative strength of a distinct right to establish and maintain places of worship. This aim can be accomplished by an understanding of the 'symbiotic relationship' between the right to establish and maintain places of worship and the other constituent elements of the right to freedom of religion or belief. This paper is in three parts. First, it analyses the legal foundation of the right to freedom of religion or belief under international human rights law. In chronological order, it examines the key international human rights instruments that provide legal protection to the right to freedom of religion or belief. Second, this paper discusses the ‘permissible limitations’ to the right to freedom of religion or belief which are the narrow set of circumstances under which the right may be validly restricted. Finally, this paper shows that there exists a 'symbiotic relationship' between the right to establish and maintain places of worship and other constituent elements of the broader right to freedom of religion or belief. This beneficial relationship reinforces the right to establish and maintain places of worship. Analysing this relationship is crucial in understanding the protective scope and limits of the right to establish and maintain places of worship.

Keywords: places of worship, freedom of religion or belief, forum internum, forum externum, permissible limitations

Suggested Citation

Villaroman, Noel, Freedom of Religion or Belief in International Human Rights Law and the Provenance of a Distinct Right to Establish and Maintain Places of Worship (September 23, 2011). Law and Religion Scholars Network (LARSN) Doctoral Students Conference, 23 September 2011, Oxford Brookes University, United Kingdom, Available at SSRN: https://ssrn.com/abstract=2330654

Noel Villaroman (Contact Author)

United Nations

New York, NY 10017
United States

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

HOME PAGE: http://www.law.monash.edu.au/research/hdr/index.html

International Consortium for Law and Religion Studies ( email )

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Italy

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Law and Religion Scholars Network (LARSN) ( email )

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Center for Civil and Human Rights ( email )

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United States

HOME PAGE: http://law.nd.edu/center-for-civil-and-human-rights/

Integrated Bar of the Philippines ( email )

IBP Building, No.15 Julia Vargas Avenue
Ortigas Center
Pasig City
Philippines

HOME PAGE: http://www.ibp.org.ph/

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