Thank you very much, Heiner, for this very kind introduction.
As you can see, the vertically challenged, as I have just learned, are accommodated in
this venue.
As Heiner just pointed out, this panel's topic is very challenging, and I would add from
both a theoretical and a practical point of view.
Both religious freedom and gender equality are in themselves highly complex human rights,
much more so in their relationship with each other.
Religious freedom is contingent upon historical developments in geographical areas and may
vary considerably over time and geographically.
Gender equality, or rather gender inequality, is in my view one of the most persistent and
omnipresent societal problems in the world and the root cause of many other human rights
problems.
The relationship between religious freedom and gender equality is for the most part strenuous,
and not least because religious beliefs are often based on a disregard, disrespect, or
downright denial of gender equality.
When trying to discuss such a complex human rights question as the relationship between
religious freedom and gender equality, I find it useful to start with a typology of possible
conflicts.
A typology can be helpful to disentangle aspects of complex conflicts and provide an opportunity
to discuss more precisely.
This is what I will present in my introductory remarks.
I will distinguish four aspects of the conflicts between religious freedom and gender equality.
Firstly, there are the ordinary or classic liberal conflicts between individuals and
public authority, especially state authority.
Individuals and groups can claim from public authorities protection and respect for both
their religious freedom and gender equality, and also public authorities may have a duty
to bring about and foster equal religious freedom and gender equality in society.
However, neither the individual citizens and groups nor the state are homogeneous.
A closer look reveals intricacies and inherent contradictions on both sides.
Public authorities do not exist as ontological entities but are made up of individual persons
who may have their own religious beliefs.
It is therefore secondly interesting what conflicts between rules for public offices
and the individual persons holding these offices exist and how they can be reconciled.
How should the religious convictions of officials be reconciled with their duty to perform on
behalf of a public authority?
I will then thirdly look into the special status that is granted to churches and religious
communities in many constitutions.
Even though factually these churches and religious communities may wield tremendous societal
influence, for example as employers in social services, it is important to bear in mind
that they are not in themselves part of the state but are individual parties vis-a-vis
the state and should not be exempt from general anti-discrimination law.
Fourthly and finally, there are conflicts between private parties in which religious
freedom and gender equality clash directly.
Public authorities act as arbiters in these conflicts.
I start with classical liberal conflicts between individuals or groups and public authorities.
They seem to be trivial compared to the usually multipolar conflicts that characterize the
relationship between religious freedom and gender equality.
However, sometimes both come together in a classic liberal conflict.
That is the case in headscarf regulations if the state prohibits women from wearing
headscarves in public as France did.
Presenters
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00:14:41 Min
Aufnahmedatum
2019-07-27
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2019-10-01 16:09:41
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Anna Katharina Mangold, University of Flensburg