Freedom from Religion and Human Rights Law

Marika McAdam is an independent legal consultant and adviser who has worked for the United Nations Office on Drugs and Crime, the Office of the High Commissioner of Human Rights, the International Organization for Migration and the Nexus Institute among other organisations.

Chapter 1: Freedom of Religion or Belief



1. The meaning of ‘religion’ and ‘belief’ in international law



2. ICCPR Article 18 and the plurality of religion and belief



3. Limitations to manifestations



4. Conclusion: The limits of article 18 to protect freedom from religion



Chapter 2: The Hierarchy of Religion and Belief



1. Established, major religions at the top of the hierarchy



2. New, unusual or emerging religions and beliefs



3. Non-religion and atheism at the bottom of the hierarchy



4. Conclusion: Non-religious and atheist rights-holders neglected



Chapter 3: Freedom from Proselytism



1. Proselytism as a manifestation of religion



2. Forms of improper coercion



3. Determining where coercion undermines choice



4. Conclusion: The need to prioritise rights over religions



Chapter 4: Freedom from Hate



1. Article 20 and hate speech in the name of religion



2. Pro-religious bias of article 20



3. Weak protection of non-believers and atheists from hate speech



4. Conclusion: Curtailing religious incitement to violence against atheists



Chapter 5: Freedom from Parents



1. Balancing rights of parents and children



2. Freedom from coercive religious or moral education



3. Freedom from religious circumcision



4. Conclusion: The need to protect children from their parents



Chapter 6: Conclusion



1. Indefensibility of pro-religious bias of human rights law



2. Freedom from religion as the measure of religious freedom