The Significance of Religious Diversity in International Human Rights Adjudication

Abstract

In this chapter, I explore the relevance of religious diversity in international human rights adjudication by focusing on the issue of abortion rights in the United States as a case study. Pointing out the complicated relationship between women’s human rights and religion, I argue that it is a mistake to emphasize religious representation as a direct contributor to the normative legitimacy of either judicial deliberation (a matter of process) or the substantive outcomes of judicial decision-making regarding human rights, whether in domestic or international courts. I first clarify the distinction between normative and sociological legitimacy, and point out two ways in which ethnic, racial, or religious diversity on courts may matter morally. I then describe the US case study regarding reproductive rights in detail, before discussing three reasons for scepticism regarding the claim that religious diversity among judges is a component of normative legitimacy for international courts.