The Right to Freedom of Religion (VCE SSCE Legal Studies): Flashcards

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The right to freedom of religion
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Two dimensions of freedom of religion

Practice religion AND freedom from religion

UDHR Article 18 (year adopted)

1948 - freedom of thought, conscience and religion

ICCPR's key addition (1966)

No person forced to adopt or abandon religion/belief

Three legal sources protecting religious freedom

Statute law, Constitution (s116), common law

Section 116 - four prohibitions

Establish religion, impose observance, prohibit exercise, test

Three limitations of Section 116

Only Commonwealth, no remedy mechanism, narrow interpretation

Definition of vilification

Encouraging hatred, contempt or ridicule based on race/religion

Religious Discrimination Bill 2019 outcome

Failed to pass Senate, lapsed before May 2022 election

DOGS case (1981) outcome

Commonwealth can fund religious schools - doesn't breach s116

Victorian Charter Section 14 protects

Freedom of thought, conscience, religion and belief

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