March 4, 2020
Professors published in new women's rights book
Jennifer and Jonnette's chapter, 鈥淲omen鈥檚 Freedom of Religion Claims in Canada: Assessing the Role of Choice,鈥 explores whether religious women鈥檚 reliance on choice to ground their rights claims may undermine the success of those claims. Canadian courts have interpreted religious freedom under section 2(a) of the Charter to include a strong element of choice. However, some religious choices have not received protection under section 2(a), nor under section 15鈥檚 guarantee of equality, particularly those choices that are seen to be the cause of the claimant鈥檚 harm or that cause harm to others. Jennifer and Jonnette's analysis centers on a case examining a Muslim woman鈥檚 freedom to wear a niqab during citizenship ceremonies, situating this case in the broader context of decisions involving women, religious freedom, equality, and choice. These cases confirm insights from the feminist literature about religious women and choice, including the relationship between choice, agency and autonomy; individualization; and the public/private dichotomy. The essay concludes that a de-emphasis on choice may be strategic for religious women鈥檚 rights claims.
explores the many intricate issues raised in the interactions between rights and religions around the world.