The Protection of Religious Rights Under Australian Law
The Protection of Religious Rights Under Australian Law
Denise Meyerson, 2009 B.Y.U. L. Rev. 529
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In 1998, Australia’s Human Rights and Equal Opportunity Commission (“HREOC”) issued a report in which it stated that the level of protection afforded to the right to freedom of religion and belief in Australia was relatively weak compared to a number of comparable countries. Although there have been a few changes in the intervening ten years, this Article demonstrates that HREOC’s statement remains accurate. In this Article, I analyze and evaluate the Australian legal framework governing the right to religious freedom, the right not to be discriminated against on the ground of religion, and the right not to be subjected to religious vilification. I call these “religious rights.” Part II deals with federal legislation protective of these rights, Part III with constitutional protections, Part IV with the right to religious freedom at common law, and Part V with State and Territory legislation.