Liberty of Association and a Charter for Religious Rights and Freedoms

The Constitution of the Republic of South Africa provides for parliamentary adoption into law of Charters of Rights. Against this background, the Charter of Religious Rights and Freedoms (Charter) was drafted by academics, religious leaders, government commissioners, and international legal experts, and is the first of its kind in the world. The signing of the Charter, comprising a high number of signatories, took place in 2010, though to date it has not been adopted into law by Parliament. This article, albeit in support of the Charter, argues against the adoption thereof into law by Parliament. In this regard, the importance of the protection of the autonomy of religious associations is postulated, with special focus on the limits of law and authority, also against the background of the principles of sphere sovereignty and subsidiarity. The article further argues that for the protection of such autonomy, the leadership and members of religious associations are obligated towards the advancement of their interests, especially in the public sphere. Implied in this, those belonging to religious associations need to contribute towards the efficacy of the Charter. Bearing the aforementioned in mind, this article also contributes towards potential initiatives in other parts of the world related to the establishment and functioning of charters on religious rights and freedoms