Protecting Religious Freedom in a Human Rights Act

Hobbs, H; Williams, G

Protecting Religious Freedom in a Human Rights Act

Hobbs, H

Williams, G

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Publisher:: Thomson Reuters
Publication Type:: Journal Article
Citation:: Australian Law Journal and Reports, 2019, 93 (9), pp. 721 - 733
Issue Date:: 2019-09-02

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Field	Value	Language
dc.contributor.author	Hobbs, H https://orcid.org/0000-0001-9903-6908	en_US
dc.contributor.author	Williams, G	en_US
dc.date.issued	2019-09-02	en_US
dc.identifier.citation	Australian Law Journal and Reports, 2019, 93 (9), pp. 721 - 733	en_US
dc.identifier.issn	0004-9611	en_US
dc.identifier.uri	http://hdl.handle.net/10453/135645
dc.description.abstract	The legal protection of religious freedom in Australia has been subject to significant debate over recent years. In the last four years this question has formed the basis of inquiries by the Australian Law Reform Commission, a Parliamentary Committee, as well as specially formed Expert Panel, chaired by Philip Ruddock. In this article we outline the international and comparative approach taken to protect freedom of religion, and contrast this to the position in Australia. We find that Australian law does not adequately protect this foundational human right. We then assess the recommendations proposed by the Ruddock Review. We argue that although the Expert Panel recognised the extent of the problem, it did not propose a comprehensive or holistic solution that will resolve existing inadequacies. To protect religious freedom, and indeed human rights more generally, the Commonwealth Parliament should enact a national human rights act.	en_US
dc.publisher	Thomson Reuters	en_US
dc.relation.ispartof	Australian Law Journal and Reports	en_US
dc.title	Protecting Religious Freedom in a Human Rights Act	en_US
dc.type	Journal Article
utslib.citation.volume	9	en_US
utslib.citation.volume	93	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	9	en_US
pubs.volume	93	en_US

Abstract:

The legal protection of religious freedom in Australia has been subject to significant debate over recent years. In the last four years this question has formed the basis of inquiries by the Australian Law Reform Commission, a Parliamentary Committee, as well as specially formed Expert Panel, chaired by Philip Ruddock. In this article we outline the international and comparative approach taken to protect freedom of religion, and contrast this to the position in Australia. We find that Australian law does not adequately protect this foundational human right. We then assess the recommendations proposed by the Ruddock Review. We argue that although the Expert Panel recognised the extent of the problem, it did not propose a comprehensive or holistic solution that will resolve existing inadequacies. To protect religious freedom, and indeed human rights more generally, the Commonwealth Parliament should enact a national human rights act.

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http://hdl.handle.net/10453/135645