A Delicate Balance:

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" A Delicate Balance: "
Charlotte Baines

Document Type	:	AL
Record Number	:	1082268
Doc. No	:	LA125897
Call No	:	‭10.1163/18710328-12341277‬
Language of Document	:	English
Main Entry	:	Charlotte Baines
Title & Author	:	A Delicate Balance: [Article] : Religious Autonomy Rights and lgbti Rights in Australia\ Charlotte Baines
Publication Statement	:	Leiden: Brill
Title of Periodical	:	Religion Human Rights
Date	:	2015
Volume/ Issue Number	:	10/1
Page No	:	45–62
Abstract	:	This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo. This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.
Descriptor	:	anti-discrimination law
Descriptor	:	freedom of religion
Descriptor	:	lgbti rights
Descriptor	:	religion and human rights
Descriptor	:	religion and society
Descriptor	:	religious autonomy
Descriptor	:	religious exceptions and religious exemptions
Descriptor	:	same-sex rights
Location & Call number	:	‭10.1163/18710328-12341277‬