Religion and Pluralism before the Inter-American Court of Human Rights: From Individualizing Religious Freedom to Deregulating the Religious Market

Abstract

Abstract With the rise of religious diversity within domestic societies, religion and religious pluralism have become increasingly important issues around the world. Therefore, it is important to examine the legal regulations governing religion and religious freedom, particularly in light of international human rights—the ultimate guarantee of individual rights. This article examines the regulation of religion, religious freedom, and religious pluralism by the Inter-American Court of Human Rights (the Court). Despite the central role religion plays in the social dynamics of the Americas, it has been largely absent from the Court’s jurisprudence. The latter discussed religion in a few cases only, thus making sporadic—but nevertheless key—findings regarding the regulation of religious freedom within its jurisdiction. Analysing these findings, as exposed in the corresponding judgments and advisory opinions, reveals the creative and progressive approach that the Court takes on religion, religious freedom, and religious pluralism.