Human rights and religious litigation - faith in the law

Cumper, P. and Lewis, T. ORCID: 0000-0002-3948-9961, 2019. Human rights and religious litigation - faith in the law. Oxford Journal of Law and Religion, 8 (1), pp. 121-150. ISSN 2047-0770

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Abstract

This is the era of human rights and religious litigation. Recent years have witnessed an unprecedented rise in the number of cases where the principles of non-discrimination and equality have been pitted against the right to freedom of religion or belief. This article seeks to examine this development with regard to an issue that is particularly synonymous with controversy – legal conflicts between conservative religious believers and people from LGBTIQ+ communities. The article’s primary focus is on the adverse consequences of excessive litigation in this field. In order to tackle the problem of conservative faith/ LGBTIQ+ disputes it is suggested that a more holistic approach is needed, based on the principles of compromise, dignity and empathy. The proposed mechanism by which such an approach might be effected is that of ‘meaningful engagement’, a dispute resolution strategy that has been recognised by the South African Constitutional Court.

Item Type: Journal article
Publication Title: Oxford Journal of Law and Religion
Creators: Cumper, P. and Lewis, T.
Publisher: Oxford University Press
Date: 2019
Volume: 8
Number: 1
ISSN: 2047-0770
Identifiers:
NumberType
10.1093/ojlr/rwz005DOI
Divisions: Schools > Nottingham Law School
Record created by: Jonathan Gallacher
Date Added: 06 Mar 2019 16:05
Last Modified: 11 Sep 2020 14:11
URI: http://irep.ntu.ac.uk/id/eprint/35913

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