Legislative Protection of Religious Social and Personal Attributes

This essay argues in favor of the proposition that the nature of organized religious life and religious experience necessitates legislative protection due to its inherent social and personal attributes. It defines religious freedom and its importance, exploring how legislation safeguards religious practices and beliefs. The essay emphasizes the need for laws to protect individuals' rights to worship, teach, and practice their faith without fear of discrimination or infringement. It discusses the impact of religious freedom on social balance, highlighting the role of legislators in recognizing and protecting the positive effects of religion. Furthermore, it examines the Australian context, where religious freedom is protected through legislation and the constitution. The essay also addresses the potential concerns related to religious laws and the importance of balancing interests in public policy, emphasizing the need for a court procedure to respect every religion and people's religious beliefs in every manner. It concludes by highlighting the significance of promoting religious freedom through national policies, education, and legislative frameworks to ensure a balanced and harmonious society.

Argue in favour of the proposition that the nature of
organized religious life and religious experience is that
it contains social and personal attributes that require
legislation protection.

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Religion can be deified as a system or a practise of belief, worship and faith or it can also
be said as an interest or faith of an individual followed with great devotion. Religion plays a vital
role in an individual's life. It has become extremely important to protect religious freedom with
the help of various laws. An organised religions' life consist of various kinds of social
(dependability etc.) and personal attributes (honesty, sense of humour etc.) as these attributes
together form an individual's personality and in order to protect such attributes, freedom of
religion requires legislative protection. This essay will lay emphasis on nature of organised
religious life and religious experience is that it contains social and personal attributes that require
legislation protection. In order to argue in favour of this preposition freedom of religion,
organised religions life, religious freedom laws and needs as well as protection of religious
freedom points will be explained in details.
MAIN BODY
Freedom of religion can be defined as a principle that supports an individual's or
community's freedom both in private or in public in order to manifest belief or religion in
worshipping, teaching, practising or observing. It can also be explained as a central ability of
people to live together in order to protect one-selves and others1. This religious freedom provides
freedom to an individual to change one's beliefs or religion freely. Many nations consider it is
one of the most basic fundamental right of an individual. Many countries' government permits
their people to practise other religions as well besides their state religion. In simple words it
provides the right to practise religion but does not allow to practise it openly or publicly. As
freedom of religion or belief is not only experienced by an individual's but it is experienced
collectively by group of people. It is not possible to protect religious freedom with the help of
single piece of legislation but it requires various sections, clauses, acts etc. so that protection of
religious practise, religious freedom can be done in an easy manner2. it has become in important
1 Gatti, A, 'FREEDOM OF EXPRESSION AND PROTECTION OF RELIGIOUS PEACE
IN EUROPE: CONSIDERATIONS ON ESV AUSTRIA ECTHR CASE LAW' (2018). (24),
p.11. Revista general de derecho público comparado.
2 Hamilton, M. A, 'The Cognitive Dissonance of Religious Liberty Discourse: Statutory
Rights Masquerading as Constitutional Mandates' (2018). 41, p.79. Harv. JL & Pub. Pol'y.

issue to protect freedom of religion as it is becoming difficult to practise and experience religious
values be free will of an individual3. In order to maintain a balanced and insightful manner of
religious beliefs it is important to focus on legislative protection by forming various laws so that
religious beliefs, experience and attributes can be protected.
In order to understand religious life, religious experiences and expressions it is important
to study and understand religion from different point of views. It helps an individual to
understand religious traditions, cultural artefacts, behaviour and important truths about the
religion. This, understanding about the religion helps an individual to gain complete knowledge
about the religion. Each religion has various and different terminologies associated with them
which help people to understand people's religious expressions and experience. Correct
understanding about a religion can help an individual to live an organised religious life,
experience it in a better manner. For this it is important to learn and understand different
theories, practises of religion in a better manner. Understanding organised religious life,
experience and expression plays a vital role in an individual's life as it helps them in various
ways such as: acquire reliable knowledge of expressions and experience major characteristics of
religion, history and necessary definitions associated with the religion. Other than this it also
helps in constructing faith and trust in the religion. It also helps a person to answer questions
related to religion and understand other's opinion graciously. But it has also been observed that
in order to gain such deep understanding about the religion it is important to prepare oneself by
reading, formulating questions and gain answers of one's questions. Before gaining some basic
knowledge about a religion it is not possible for a person to live an organised religious life,
experience religious beliefs and expression.
It has been observed that freedom of religion has a strong impact on an individual can can
also impact social balance of a society. There are various kinds of religious practises that helps in
addressing various kinds of social practises. In order to protect religious practises, experience
and religious life legislators should seek of various constitutional ways so that impact of religion
on social balance can be explored and positive impact of religion can be protected legislatively.
This will help the legislators to recognise role of religion, effects and the way it is followed,
practised and experienced by people which eventually helps the to live a balanced religious life.
3 Wenger, T, 'Religious Freedom: The Contested History of an American Ideal' ( 2017).
UNC Press Books.

Not only this it has also been observed that religious experience and life affect a social as well as
personal attributes simultaneously as a result it requires legislative protection. Exploration of
freedom of religion defines its importance as well. It explains an individual why, how and reason
because of which any religions practise is done4. It has also been observed that religious practises
completely depend upon understanding of organised religious life, experience and expression
which helps in building personal and social attributes of an iTable of Contentsndividual.
Religious life, practises and beliefs substantially builds a person's moral criteria, judgement and
understanding. Many times balanced religious life helps an individual to live a healthy life both
physically and mentally. Legislators should focus on all such issues, ways it affects an
individual's thinking, understanding and based on these laws, acts should be made so that
freedom of religion can be promoted. It will help in promoting positive understanding of
religion, increase people's freewill to follow and understand a religion.
It is important to promote religious freedom so that people can gain proper understanding
of the religion and experience it in a better manner. There are various ways or methods that can
be used to promote religious freedom. First way is to build a national policy which will help to
promote religious freedom among people. It can be done by making specific national freedom of
religion policy which will direct and guide people and enhance their understanding about a
religion. Another way is through education, education can help in generating awareness about
freedom of religion. People can understand its importance, understand religious experiences and
expressions in a better manner so that they can live a balanced and organised religious life. One
of the main benefit of education is that all the misconception related to religious feelings,
practises can be removed. This will also help in building positive social and personal attributes of
an individual. But even to promote freedom of religion it is important to build some legislative
laws so that religious freedom can be promoted in a positive manner and all kinds of negative
practises can be removed or minimised5. For this policy, strategies and legislative laws or acts
should be made by considering all kinds of practises and understanding of a religion.
4 Scharffs, B. G., Maoz, A. and Woolley, A. I, 'Religious Freedom and the Law: Emerging
Contexts for Freedom for and from Religion' ( 2018). Routledge.
5 Danchin, P. G, 'Exceptional and Universal? Religious Freedom in American International
Law' (2016). 3(1) Critical Analysis of Law.

Religion forms an important part of life and peoples' behaviours, values, action and
attributes is influenced by it and can result in a particular action or behaviour. For every
individual it is important to understand the law of religious freedom in order to practice and
follow their religion. Every religion has got different nature and ritual which are followed by the
people and following a particular religion practice may not be like or prove to be taboo for others
in general6. In every democratic country every individual has got freedom to practice its religion
which may involve they have adopted an organised religious life and they keep on experiencing
their religious rituals. On the other hand it may contain the social and some personal attributes
which may require protection from freedom. Australia is a country in the world which has
allowed in practice various religions and are protected to varying degrees which is done through
legislation and constitution at the territory, state and federal level. Australia being a secular
country there are various relevant religious legislations which are protecting the religious
freedom which include the different sections of the Australian constitution. Has the freedom of
religion not being protected by the legislations this would have been difficulty for the people to
practice their religions. Also, it would have been great source of debate, which may has caused
chaos across the countries and the world. There are various laws which is Witte, J, 'FOUNDING
PRINCIPLES, SECULAR SKEPTICS, AND RELIGIOUS FREEDOM-The Distinctiveness of
Religion in American Law: Rethinking Religion Clause Jurisprudence. By Kathleen A. Brady.
Cambridge: Cambridge University Press' (2017), 2015. Pp. 354. $39.99 (paper). ISBN: 978-
1107016507. 32(3). pp.515-518Journal of Law and Religion, .really important for any country
especially for the Australia which needs a protection as religions contains various social and
personal attributes which particularly requires a legislative protection.7
6 Witte, J, 'FOUNDING PRINCIPLES, SECULAR SKEPTICS, AND RELIGIOUS
FREEDOM-The Distinctiveness of Religion in American Law: Rethinking Religion Clause
Jurisprudence. By Kathleen A. Brady. Cambridge: Cambridge University Press' (2017), 2015.
Pp. 354. $39.99 (paper). ISBN: 978-1107016507. 32(3). pp.515-518Journal of Law and
Religion, .Greene, A. S, 'Religious Freedom and (other) Civil Liberties: Is There a Middle
Ground' (2015). 9, p.161 Harv. L. & Pol'y Rev.
7 Lloyd, D, 'From Religious Freedom to Indigenous Sovereignty: The Case of Lyng v.
Northwest Indian Cemetery Protective Association (2018).

It is to be noted that religious freedom within a particular society is dependent on the
range of factors which may include the degree of political as well as commitment to the various
principles of numerous religious freedoms, institutional arrangements and legal protection for
freedom of religion. Within the Australian constitution, it provides a limited protection to
freedom of religion which is Section 116 and this constitutional protection is limited in many
ways. Religious vilification laws of a people or person on the basis of a religion have been
passed in various states and religious vilification which is also termed as hate laws can play an
important role in protecting religious freedom or belief most importantly for the religious
minorities. Religious vilification can prevent people for practising or exercising their religion
freely like a fear of threats, forceful conversions, intimidation, hostility, etc. On the other hand
there are some concerns which are raised in relation to the potential of religious laws which can
restrict religious freedom of the people and it may result in the criticism from the public8. Taking
the discrimination law in to consideration the precise balance has stuck between the two sets
which is interests is a matter of public policy rather than law. However is really important for a
court procedures and practices to respect every religion and people's religious beliefs in every
manner. Laws which are related to religions in general nature are meant for both i.e. which
allows each and every individual to practice its religion freely. But also on the other hand it also
protects the people from practising their religions in such a way that practising a religion would
result in any sort of criminal activity. So, the laws and legislations which are associated with the
religions help in keeping the people in control so that everyone can practice their religion in such
a way that peace prevails in country.
Every individual has every right to put their beliefs and thoughts into practice which
could include right to talk about the religion, right to wear religious clothing, right to live an
organised religious life and to have right of its religious experience. On the other hand it is
equally import what are the ways of practising their religious beliefs and though, so here a
legislative protection come into action for religious freedom which contain some disturbing
8 Witte, J, 'FOUNDING PRINCIPLES, SECULAR SKEPTICS, AND RELIGIOUS
FREEDOM-The Distinctiveness of Religion in American Law: Rethinking Religion Clause
Jurisprudence. By Kathleen A. Brady. Cambridge: Cambridge University Press' (2017), 2015.
Pp. 354. $39.99 (paper). ISBN: 978-1107016507. 32(3). pp.515-518Journal of Law and
Religion, .

social and personal attributes. Public authorities can not stop people from practising their religion
until and unless there is a good reason for doing so. As public authorities can not people from
practising their religions and can not interfere with a right to change or hold the beliefs. It is also
to be noted that they may be some situations where public authorities can make their interference
with their right for manifesting or showing their beliefs, thoughts and religion. This will be only
allowed when authorities can see that this particular action is lawful, proportionate or necessary
or important to protect, Public order, Public safety, freedom and rights of other people, moral
and health of other people. It is to be noted that action can be proportionate when it will be
appropriate as well as no more than necessary to address the concerned public. It is really
important to have a protection of religious freedom within a country as it prevents the cultural
majority from using any sort of power or a state to impose their beliefs on other forcefully. This
helps in protecting everyone's religious as well as non-religious alike from the government in
becoming such powerful that it can ask people to what to think or how to act in a country9. There
are some religious practises which can bring people together and can result in the brotherhood
and such type of social and personal attributes are also important which requires a legislation
protection.
Australia being a religious diverse country and its constitution has allowed people to
practise the religion which does not haunt other people's values and beliefs. Also, it allows a
religious personal and social attributes which can results in the peace and respect. Religious
freedom does not mean allowing people to do whatever they want under the cover of religion.
So, federal government may in such case limit the religious freedom when it is required in order
to promote justice and to protect the common public interest. For example freedom of religion
can protect a person from the punishment if he or she is involved in any sort of criminal activity
even his or her religious beliefs has made it to do it. But on the other hand public authorities can
not stop a person from practising its religion which can result in peace within the society a
person lives in or can bring people together. Also, Protection of religious freedom also prevent
people from discrimination to any other religion or to act on the type psychology a person has
developed in its mind about other religions. So, protection of religious freedom also shields from
spreading the discrimination due to which a person is denied of basic necessities or is neglecetd
in the society. So, it can be said that there are some social and personal attributes based on the
9 Foster, N. J, 'Religious Freedom at Australian Universities' (2018)

religion which requires a legislation protection which can result in the peace and happiness and
provide a freedom and restrictions for practising a particular religion.
CONCLUSION
It can be concluded from the essay that every individual has got some organised religious
life as well religious experience which may contain some social and personal attributes that
requires a legislation protection. This is really important for the country in order to promote
peace and avoid any sort of religious conflicts within the country. Present report also concludes
that every country is providing a religious freedom to the people but it does not mean that they
can do anything in the name of religion. Also, there are various religions within the country and
in the world which come up with various thoughts and beliefs and it is really important to have a
legislation related to the religions. This can result in proper control and appropriate freedom for
people to organise their religious life and religious experience which contains personal and social
attributes. It can also be concluded that protection of religious freedom is vital for any country as
it can result in the peace an harmony.

REFERENCES
Books and Journals
Hamilton, M. A, 'The Cognitive Dissonance of Religious Liberty Discourse: Statutory Rights
Masquerading as Constitutional Mandates' (2018). 41, p.79. Harv. JL & Pub. Pol'y.
Wenger, T, 'Religious Freedom: The Contested History of an American Ideal' ( 2017). UNC
Press Books.
Scharffs, B. G., Maoz, A. and Woolley, A. I, 'Religious Freedom and the Law: Emerging
Contexts for Freedom for and from Religion' ( 2018). Routledge.
Danchin, P. G, 'Exceptional and Universal? Religious Freedom in American International Law'
(2016). 3(1) Critical Analysis of Law.
Witte, J, 'FOUNDING PRINCIPLES, SECULAR SKEPTICS, AND RELIGIOUS FREEDOM-
The Distinctiveness of Religion in American Law: Rethinking Religion Clause
Jurisprudence. By Kathleen A. Brady. Cambridge: Cambridge University Press' (2017),
2015. Pp. 354. $39.99 (paper). ISBN: 978-1107016507. 32(3). pp.515-518Journal of
Law and Religion, .
Foster, N. J, 'Religious Freedom at Australian Universities' (2018)
Vickers, L, 'Religious freedom, religious discrimination and the workplace' ( 2016). Bloomsbury
Publishing.
Greene, A. S, 'Religious Freedom and (other) Civil Liberties: Is There a Middle Ground' (2015).
9, p.161 Harv. L. & Pol'y Rev.
Lloyd, D, 'From Religious Freedom to Indigenous Sovereignty: The Case of Lyng v. Northwest
Indian Cemetery Protective Association (2018).
Gatti, A, 'FREEDOM OF EXPRESSION AND PROTECTION OF RELIGIOUS PEACE IN
EUROPE: CONSIDERATIONS ON ESV AUSTRIA ECTHR CASE LAW' (2018).
(24), p.11. Revista general de derecho público comparado.