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Women’s Freedom of Religion Claims in Canada: Assessing the Role of Choice


 
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1. Title Title of document Women’s Freedom of Religion Claims in Canada: Assessing the Role of Choice - Explorations in Women, Rights, and Religions
 
2. Creator Author's name, affiliation, country Jennifer Koshan; Faculty of Law, University of Calgary; Canada
 
2. Creator Author's name, affiliation, country Jonnette Watson Hamilton; Faculty of Law, University of Calgary; Canada
 
3. Subject Discipline(s) Religious Studies; Gender Studies
 
4. Subject Keyword(s) women and religion; women's rights; human rights; gender justice
 
5. Subject Subject classification Women and Religion
 
6. Description Abstract This essay explores whether religious women’s 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’s guarantee of equality, particularly those choices that are seen to be the cause of the claimant’s harm or that cause harm to others. Our analysis centers on a case examining a Muslim woman’s 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. We conclude that a de-emphasis on choice may be strategic for religious women’s rights claims.
 
7. Publisher Organizing agency, location Equinox Publishing Ltd
 
8. Contributor Sponsor(s)
 
9. Date (YYYY-MM-DD) 15-Feb-2020
 
10. Type Status & genre Peer-reviewed Article
 
11. Type Type
 
12. Format File format PDF
 
13. Identifier Uniform Resource Identifier https://journals.equinoxpub.com/books/article/view/38852
 
14. Identifier Digital Object Identifier 10.1558/equinox.38852
 
15. Source Journal/conference title; vol., no. (year) Equinox eBooks Publishing; Explorations in Women, Rights, and Religions
 
16. Language English=en en
 
18. Coverage Geo-spatial location, chronological period, research sample (gender, age, etc.)
 
19. Rights Copyright and permissions Copyright 2014 Equinox Publishing Ltd