Sacred Spheres

Religious Autonomy As An International Human Right

Abstract

This article conducts a comparative analysis of religious autonomy across international human rights instruments, international courts, and a selection of individual countries. We argue that the autonomy of religious institutions is an internationally recognized principle that protects decisions related to internal religious governance, including who teaches the faith to the next generation.  The recent case of Pavez v. Chile at the Inter-American Court of Human Rights provides a counter-example to the growing consensus. There, the court found Chile liable for discrimination when it respected a local church decision regarding who was qualified to teach Catholicism to students in a devotional setting in a state-run school. In so doing, the Court attempts to force the separate spheres of church and state to merge, asserting control over the church and its relationship with the government. Without a well-reasoned theory behind this attempt, however, it is unlikely to be repeated in other serious adjudicative bodies.