McCrudden Christopher. Litigating Religions: An Essay on Human Rights, Courts, and Beliefs

Oxford University Press, 2018. — 192 p.Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This essay presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. It examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights doctrine, including freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. This essay examines doctrinal developments in these areas, where standoffs between organized religions and human rights advocates in the courts have been common. The essay argues that, if we wish to establish a better dialogue between the contending views, we must first identify a set of recurring problems identifiable in such litigation. But to address these recurring problems requires more than simply identifying these problems and requires changes both in human rights theory and in religious understandings of human rights. The essay argues that, by paying close attention to developments in human rights litigation, we can make theoretical progress.Christopher McCrudden is Professor of Human Rights and Equality Law, Queen's University, Belfast.