The Boundaries of Belief: Protecting the Vulnerable Over Religious Custom
This paper sets out an ethical and legal framework asserting that the state's duty to protect vulnerable, non-consenting entities — specifically children and animals — must take precedence over the freedom to practise religious or cultural custom. The right to hold a belief is treated as absolute; the right to act on it is not. Because practising a religion is a voluntary association rather than an immutable trait, choosing to perform a ritual that causes avoidable suffering is treated here as a conscious decision for which the actor remains accountable. The paper uses the UK as its primary case study, with Germany, France, and the United States as comparators, and argues that a state which permits tactical or institutional exemptions from its own protective laws undermines the rule of law and creates exploitable
Authors
- Craig Kyrle Strachan Davidson (ORCID: https://orcid.org/0009-0007-2990-8716)
Publication Details
- Journal
- HAL (Le Centre pour la Communication Scientifique Directe)
- Published
- 2026-06-28
- DOI
- https://doi.org/10.5281/zenodo.20873134
- Primary Topic
- Religious Freedom and Discrimination
- Type
- preprint