The Model of State and Church Relations and Its Impact on the Protection of Freedom of Conscience and Religion: A Comparative Analysis and a Case Study of Israel

Abstract

The prevailing view in comparative international law, including that of this author, used to be that the establishment of religion and its recognition by the state or the separation of religion from the state did not, as such, violate religious freedom or constitute unlawful discrimination for religious reasons or breed religious intolerance. However, in recent years this view has changed, as it has become clear that the secularist approach has often led to less openness and a reduced sensitivity to religious freedom. This can be seen in religious statutes regulating use of religious symbols in public space and government facilities.