- Title
- Christian Youth Camps Ltd v Cobaw Community Health Services Ltd: balancing discrimination rights with the religious freedom of oganisations
- Creator
- Foster, Neil
- Relation
- Law and Religion in the Commonwealth: The Evolution of Case Law p. 265-291
- Publisher Link
- http://dx.doi.org/10.5040/9781509950171.ch-017
- Publisher
- Bloomsbury (Hart)
- Resource Type
- book chapter
- Date
- 2022
- Description
- One of the important ways in which religious freedom is protected by the law around the Commonwealth, especially in countries (such as Australia) where there is no over-arching human rights statute, is through the inclusion of ‘balancing clauses’ or ‘exemptions’ into laws forbidding unjust discrimination on various grounds. Questions involving sexual orientation discrimination present these issues very sharply. In Australia, the decision of the Victorian Court of Appeal in Christian Youth Camps Limited v Cobaw Community Health Service Limited is a landmark decision of an appellate court delineating the extent of the protection provided under State discrimination law to groups claiming that their religious beliefs should be protected by such clauses. This chapter describes the background to the litigation, its progress through the courts, and its implications for future Australian consideration of these issues. It concludes that a number of features of the decision do not adequately balance the various rights involved and suggests that clarification on these matters will need to be provided by Parliaments and the High Court of Australia in the future.
- Subject
- religious freedom; discrimination rights; Cobaw Community Health Service Ltd; Christian Youth Camps Ltd
- Identifier
- http://hdl.handle.net/1959.13/1446557
- Identifier
- uon:42909
- Identifier
- ISBN:9781509950140
- Language
- eng
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