Abstract

DIAZ DE VALDES J., JOSÉ MANUEL. Freedom of Religion and Non-Discrimination. Rev. Derecho Estado [online]. 2022, n.53, pp.167-193.  Epub Jan 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n53.06.

This paper reflects on the increasing conflict between religious freedom and the right not to be discriminated against. It identifies several consequences and characteristics of considering this conflict as a clash between fundamental rights, such as the non-expendability of these rights, their suitability for accommodation and the need for a contextualized approach. Then, the paper analyses some particularities of religion that are relevant from an antidiscrimination perspective, such as its "uniqueness" claim, its dual protection through freedom of religion and non-discrimination on religious grounds, its dual dimension as an individual and collective phenomenon, the doctrinal complexities of an increasing number of religions, and the controversial distinction between conducts and believes.

Keywords : Religious freedom; discrimination; equality; clash of rights; religion.

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