HL 7 Policy guidelines: time for parliaments and courts to take notice

Policy guidelines: time for parliaments and courts to take notice

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How to take freedom of conscience seriously without harming others
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anti-discrimination laws.
Note:L OSTACOLO ALLA COSCIENZA

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If a gay couple wants a wedding cake and a Christian baker refuses to supply it on religious or ethical grounds, then any public body somehow involved could be legally entitled to penalise the baker because the refusal would allegedly put the couple at a socio-economic disadvantage.
Note:OGGI IN GB SI GUARDA ALLA DISEGUAGLIANZA SOCIO ECONOMICA

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Consider again the men-only clubs in London.
Note:COME SUPERARE L OSTACOLO

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in a way that equally protects all of the fundamental rights recognised in liberal society, in particular freedom of religion
Note:OCCORRE ALLARGARE I DIRITTI INTERESSATI DALL EGUAGLIANZA

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One might hope, though, that there was a way of reframing or reinterpreting the equality laws
Note:NECESSITÀ

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If A has full and fair access to the service elsewhere, there can be no obligation on B to provide it if he really does object on conscience grounds.
Note:IL PUNTO CHIAVE

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Does the UK need a Religious Freedom Restoration Act? Something like the American RFRA
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The point is that there is no way freedom of religion and conscience can adequately be protected if the mere fact that the government enacted a general law advancing some interest (whether a genuine interest or only something in which the government was interested) meant that this freedom had to take second place.
Note:DIGNITÀ PARITARIA

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In a liberal society, the government is not supposed to play favourites.
Note:SANTA ALLEANZA TRA RELIGIOSI E LIBERALUSMO

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General statutory guidelines
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Private Member’s Bill
Note:LEGGE GB X PROTEGGERE L OBIEZIONE

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Respect for Rights of Conscience Bill, drafted
Note:USA

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If we are to avoid piecemeal protections, as I submit we should, then we need legislation that is broader than these examples
Note:NECESSITÀ DI PRINCIPI

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The role of case law
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It is the wisdom of the judges to which we should be looking for interpretation of a term such as ‘cooperation’,
Note:MEGLIO LASCIARE ALCUNI TERMINI NDEFINITI

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Over time, a body of case law on cooperation would develop, with all the machinery of judicial precedent behind it.
Note:COMMON LAW

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For an extreme example, the mere threat of losing a day’s pay is enough to justify remote, dispensable cooperation in abortion, such as maintaining hygiene on an abortion ward. By contrast, it would take a very grave reason – a threat to one’s very livelihood, say – to justify booking patients in for potentially very harmful cosmetic surgery done for purely aesthetic reasons.
Note:ESEMPI DI SAGGEZZA

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Sincerity is not enough
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beliefs can be outlandish and risible by any reasonable standard,
Note:NN ALLARGHIAMOCI TROPPO...SATANISTI

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Where sincerity is not enough, however, is in the determination of how involved a conscientious objector may be in the actions of others, given the objector’s sincere beliefs.
Note:DOVE LA SINCERITÀ NN BASTA PIÙ

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Conclusion
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freedom of religion and freedom of conscience generally need to be put on a sound statutory
Note:RIEPILOGO ESIGENZE DA SODDISFARE

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These freedoms extend not only to direct participation in actions
DUE...IL CONCETTO DI COOP