Women’s Citizenship Rights And The Right To Religious Freedom

Abstract

Liberal regimes are faced with a dilemma between respecting the right to religious liberty and securing women's equality rights. Exempting religious institutions from nondiscrimination laws dealing with gender may limit women's rights. This article concerns this field of discussion. Empirically, it focuses on a specific provision found in the Danish Gender Equality Act that exempts faith communities, including the Lutheran Danish folk church. The article examines legislative decision-makings and touches on legal aspects of the dilemma in light of human rights regimes. Drawing on theories of justice, the article discusses conflicting normative positions in debates on religious accommodation and explores the ways that religious and equality concerns are balanced against each other. Concerning the Danish folk church, I suggest repealing the exemption provision while still protecting the minority within the Church. [ABSTRACT FROM AUTHOR]