Freedom of religion and gender equality: inclusive or exclusive?

Stuart, Alison

Abstract

This article critically analyses European jurisprudence to ascertain the extent to which the right to freedom of religion has been interpreted as a right of religion to internal autonomy. It asserts that women are being denied an effective right to freedom of religion insofar as they are unable to directly influence the content or structure of their religion. It argues that to fulfil women's equal right to freedom of religion, women's power and position within religion must be equivalent to men's. The article therefore asserts that an intrinsic part of States' obligation to secure the right to freedom of religion is the facilitation of gender equality within religion. The article ends by proposing proportionate and appropriate methods to facilitate gender equality within religion.

Citation

STUART, A. 2010. Freedom of religion and gender equality: inclusive or exclusive? Human rights law review [online], 10(3), pages 429-459. Available from: https://doi.org/10.1093/hrlr/ngq014

• Journal Article Type: Article
• Acceptance Date: Jul 7, 2010
• Online Publication Date: Jul 7, 2010
• Publication Date: Sep 30, 2010
• Deposit Date: Aug 14, 2013
• Publicly Available Date: Aug 14, 2013
• Journal: Human rights law review
• Print ISSN: 1461-7781
• Electronic ISSN: 1744-1021
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 10
• Issue: 3
• Pages: 429-459
• DOI: https://doi.org/10.1093/hrlr/ngq014
• Public URL: http://hdl.handle.net/10059/851