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Realising religious freedom : the application and limitations of the Canadian understanding of religious freedom to South Africa
Thesis (LL.D.) -- University of Stellenbosch, 1998.
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| Format: | Thesis |
| Language: | English |
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Stellenbosch : Stellenbosch University
2012
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| _version_ | 1867614101569536000 |
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| access_status_str | Open Access |
| author | Buckingham, Janet Epp |
| author2 | Du Plessis, Lourens M. |
| author_browse | Buckingham, Janet Epp Du Plessis, Lourens M. |
| author_facet | Du Plessis, Lourens M. Buckingham, Janet Epp |
| author_sort | Buckingham, Janet Epp |
| collection | Thesis |
| dc_rights_str_mv | Stellenbosch University |
| description | Thesis (LL.D.) -- University of Stellenbosch, 1998. |
| format | Thesis |
| id | oai:scholar.sun.ac.za:10019.1/51027 |
| institution | Stellenbosch University (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:46:41.344Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from SUNScholar — Stellenbosch University Repository |
| publishDate | 2012 |
| publishDateRange | 2012 |
| publishDateSort | 2012 |
| publisher | Stellenbosch : Stellenbosch University |
| publisherStr | Stellenbosch : Stellenbosch University |
| record_format | dspace |
| source_str | SUNScholar — Stellenbosch University Repository |
| spelling | oai:scholar.sun.ac.za:10019.1/51027 Realising religious freedom : the application and limitations of the Canadian understanding of religious freedom to South Africa Buckingham, Janet Epp Du Plessis, Lourens M. Botha, Jan Stellenbosch University. Faculty of Law. Dept. of Public Law. Constitutional law -- Canada Constitutional law -- South Africa Religion and law Church and state UCTD Thesis (LL.D.) -- University of Stellenbosch, 1998. ENGLISH ABSTRACT: International as well as national communities have recognised the importance of religious freedom. This dissertation examines the laws that have an impact on religion in two countries, Canada and South Africa. The result of sixteen years of constitutuional protection for religious freedom is the privatisation of religion in Canada. The courts, employing a liberal, individualistic approach to human rights, have not recognised community identity but considered only rights of individuals. However, religion is most commonly practised in community with others so an individualistic approach leaves out important aspects of religious belief and practice. In addition the courts have emphasised the rights of non-believers to be free from religious coercion. When religioius coercion is furhter defined as including exposure to religious observances, religion, its communities and rituals are relegated to the private sphere. At the same time, however, rights of religious adherents to have their religious practices accommodated has increased. As South Africa established constitutional protection fur religious freedom in 1994, policymakers and the courts are looking to comparable jurisdiction, for appropriate approaches to religious freedom. Since Canada has many similarities in history and religious demographics, South Africans have looked to Canada for a model for interpreting religious freedom. Can the Canadian advances in the private sphere be adopted and applied in South Africa while the tendency to privatise religion in the public sphere be avoided? The purpose of the dissertation is to develop an alternative approach to religious freedom that is inclusive of religious identity in both its public and private aspects. The paradigm has three requirements: a secular state, separate spheres of autonomy for religion and the state, and space for collaboration between the state and religion in areas of mutual interest such as education or family law. After exploring the religious histories of both Canada and South Africa, the remainder of the dissertation is devoted to applying the paradigm to particular areas of law. Canada and South Africa are both secular states with separate spheres of autonomy for religion and the state. The important area for consideration, then, is that of space for collaboration between the state and religion. The first area for consideration is whether courts allow space for religious representation in their rules for standing and intervenor status. Substantive areas of law from Canada and South Africa are then analysed in order to apply the paradigm. In the public sphere these include Sundays and holidays, education and freedom of expression and its limitations. In the legal regulation of accommodation of religious practices, the areas examined include employment law, family law, medical treatment, legal privilege for religious communications and conscientious objection to military service. The dissertation concludes with an analysis of how religious freedoms must be realised in both the public and private spheres. This proposed approach could make a significant contribution to Canadian and South African societies. Thus, the dissertation closes with an exposé of the corrective steps necessary to adopt a more inclusive approach in both Canada and South Africa. AFRIKAANSE OPSOMMING: Die belang van godsdiensvryheid geniet beide nasionale en internasionale erkenning. In hierdie werk word die regsposisie in Kanada en Suid-Arika rakende godsdiens, onderoek. Doctoral 2012-08-27T11:34:17Z 2012-08-27T11:34:17Z 1998 Thesis http://hdl.handle.net/10019.1/51027 en Stellenbosch University xxii, 424 pages application/pdf Stellenbosch : Stellenbosch University |
| spellingShingle | Constitutional law -- Canada Constitutional law -- South Africa Religion and law Church and state UCTD Buckingham, Janet Epp Realising religious freedom : the application and limitations of the Canadian understanding of religious freedom to South Africa |
| title | Realising religious freedom : the application and limitations of the Canadian understanding of religious freedom to South Africa |
| title_full | Realising religious freedom : the application and limitations of the Canadian understanding of religious freedom to South Africa |
| title_fullStr | Realising religious freedom : the application and limitations of the Canadian understanding of religious freedom to South Africa |
| title_full_unstemmed | Realising religious freedom : the application and limitations of the Canadian understanding of religious freedom to South Africa |
| title_short | Realising religious freedom : the application and limitations of the Canadian understanding of religious freedom to South Africa |
| title_sort | realising religious freedom the application and limitations of the canadian understanding of religious freedom to south africa |
| topic | Constitutional law -- Canada Constitutional law -- South Africa Religion and law Church and state UCTD |
| url | http://hdl.handle.net/10019.1/51027 |
| work_keys_str_mv | AT buckinghamjanetepp realisingreligiousfreedomtheapplicationandlimitationsofthecanadianunderstandingofreligiousfreedomtosouthafrica |