Fundamental Human Rights and Religious Apostasy

Abstract

Protection of freedom of religion was one of the Allied war aims in World War II. It found its way into the declarations of fundamental human rights that followed the war. Some describe it as the ‘oldest human right’. However, it is inherently disputable amongst many religious believers. If God authentically commands, how can humans be permitted to challenge or deny religious teachings? The author examines this issue by reference to the divided decision in the Malaysian courts in the Lina Joy case (2004–07). He explains the reasoning which reflected a clash between a secular constitutional guarantee of freedom of religion and readings of Islamic religious texts prohibiting apostasy. He describes earlier Christian views about this issue and examines recent English, Australian and other case law relevant to religious freedom. He suggests the special role that Australia might play to promote interfaith dialogue and respectful exchanges about divisive issues of human rights, including over religious beliefs.