How Should Courts Approach Religious Litigation?

Abstract

This chapter suggests that the proposed theory of human rights has important implications for those who are involved in religious litigation, both on the religious side of the debates, for those on the human rights side of the debates, and for the courts which need to adjudicate such disputes. It focuses on the implications the theory has for courts, and in particular what role religious understandings of human rights and human dignity should play in this discourse and contestation. It argues that to engage in a genuine dialogue in human rights practice, we must take four concepts more seriously as a starting point: pluralism, secularity, accommodation, and relationality. The chapter considers what these concepts mean and how they can contribute to religious litigation.