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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:In defence of the right of religious associations to discriminate: a reply to Bilchitz and De Freitas
Author:Lenta, PatrickISNI
Year:2013
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:29
Issue:2
Pages:429-447
Language:English
Geographic terms:world
South Africa
Subjects:freedom of association
freedom of religion
discrimination
External link:https://doi.org/10.1080/19962126.2013.11865081
Abstract:In a recent special issue of the 'South African Journal on Human Rights (SAJHR)' devoted to the theme 'religion and human rights', David Bilchitz and Shaun de Freitas reply to arguments advanced by the author in support of according religious associations a right to discriminate on grounds such as gender, sexual orientation and race in their employment practices relating to positions sufficiently close to the religion's doctrinal core. Bilchitz continues to think that the author allows too much discrimination on the part of religious associations. He rehearses arguments in defence of his view that religious associations should not be allowed to discriminate in employment practices on otherwise prohibited grounds and presses new objections to the position the author favours. By contrast, De Freitas is of the view that the author does not afford religious associations enough opportunity to discriminate. Between them, Bilchitz and De Freitas charge that the author 'owes' several arguments. The author offers here a final reply to Bilchitz and De Freitas in defence of the right of religious associations to discriminate, as he understand its. Although the author responds towards the end to a criticism of his position by De Freitas, most of this article is given over to a reply to Bilchitz, whose arguments represent the more drastic challenge to the author's claim that religious groups should be permitted sometimes to discriminate. His purpose is to show that, although Bilchitz's contends adroitly in support of denying to religious associations a right to discriminate, his efforts are unavailing. His arguments are not nearly strong enough to justify denying to religious associations a right sometimes to discriminate. Notes, ref., sum. [Journal abstract]
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