Regulating Religion: State Governance of Religious Institutions in South Africa (ICLARS Series on Law and Religion)

Description

This book focuses on government regulation of religious institutions in South Africa. PART 1 explains the meaning of government regulation for religious communities by providing a brief overview of the relationship between church and state, the right to freedom of religion and the legal status of religious organisations. With reference to case examples, this section highlights the importance of religious autonomy and the right to self-determination of religious institutions and non-interference by the state in the internal affairs of the organisation. No fundamental rights are however absolute and the section concludes with a discussion on the limitation of rights and an overview of the relevant constitutional provisions and anti-discrimination laws in place relevant to religious organisations, in the context of equality and non-discrimination. PART 2 discusses in more detail the daily rights, responsibilities and freedoms associated with the right to freedom of religion within some specific spheres of society where regulation of religion has occurred or are necessary or has proved to be problematic. It includes those related to the role of religion in society; the relations between religion and state institutions; education; finance; family matters; employment law; planning law; broadcast media and general governance issues. Cover Half Title Series Page Title Page Copyright Page Table of Contents Preface List of cases PART 1 1. Introduction and Background Church and state relationship in South Africa A new approach – the constitutionally protected right to freedom of religion Conclusion Bibliography 2. The nature and legal status of religious institutions Introduction The nature and meaning of ‘religious organisation’ Legal status Conclusion Bibliography 3. Collective religious rights and religious autonomy Introduction Collective religious rights Religious autonomy Conclusion Bibliography 4. Conflict of rights Introduction Equality and non-discrimination Limitation of rights Conclusion Bibliography PART 2 5. The right to worship in community with others Introduction Burial rights Circumcision and rites of passage Witchcraft Religious slaughter and dietary practice Equipment and symbols Religious holidays Bibliography 6. Religion in education Introduction Legislative framework Religious dress Religious symbols Laerskool Randhart – judgment Independent schools Conclusion Bibliography 7. Freedom of expression: hate speech and blasphemy Introduction Blasphemy Hate speech Bibliography 8. Celebration of marriage Introduction Civil unions Religious marriages Bibliography 9. Financial regulation Introduction Legislative framework NGOs and financial regulation Financial abuses and proposed Bibliography 10. Religious leaders Introduction Employment status Discrimination and the right of religious institutions to appoint office holders Conclusion Bibliography 11. Other religious exemptions and reasonable accommodation for religious practices Introduction Abortion Compulsory prevention or treatment of disease Taking of an oath Military service Conclusion Bibliography 12. Concluding remarks Bibliography Index