THE CONCEPT OF ASSIMILATION AND THE RIGHT TO FREEDOM OF RELIGION

Abstract

The Right to freedom of religion has been evolved through the historical debates, deliberations and consensus, and reached the status of universally recognized indispensable fundamental right which has the status of Jus Cogens. It is only subjected to very limited restrictions under the international conventions. On the other hand, the concept of assimilation is a process which requires different communities who belonged to different cultural, racial and religious backgrounds to agree voluntarily to relinquish their diverse identities and assimilate into one dominant culture of that state. While the right to freedom of religion is deservedly recognized in several states, it is also subject to certain restrictive tests in several other states. The various theories/tests are being used as the tools to restrict this right in these states. Although, the courts in these states and The European Court of Human Rights sanction some of the arguments presented by these states to restrict this right, these restrictions contradict the requirements imposed on the states under the international law to protect, preserve and promote the same. Hence, this paper will focus on this problem with the view of examining the position of the international law in the context of domestic law contradictions.