LL.M. / This study conducts an analysis of the right to freedom of religion in South Africa. The historical development of the right is discussed. Attention is also given to the interpretation of the right and the legal definition of the term “religion”. The bearers of the right, namely natural persons, juristic persons and other associations, are also highlighted; as well as the duties imposed by the right to freedom of religion. However, the focal point of the study is the ambit and content of the right. Particular attention is given in this regard to the components of sections 15(1) to (3). The conclusion is reached that the right to freedom of religion consists of freedom of autonomy; freedom of choice; freedom of observance; freedom of teaching; and freedom to propagate a religion or denomination. The limitation of the right is also considered, in particular the meaning of the general limitation provision, as well as the relevant factors to be reviewed and the specific limitation provisions that may come into play.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uj/uj:14748 |
| Date | 08 January 2009 |
| Creators | Van der Schyff, Gerhard |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Thesis |
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