English subtitles for clip: File:What is religion.webm
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1 00:00:00,640 --> 00:00:04,319 everyone knows what religion is 2 00:00:03,199 --> 00:00:06,798 and yet 3 00:00:04,319 --> 00:00:08,980 no one can give a clear definition 4 00:00:06,799 --> 00:00:12,109 what is religion 5 00:00:08,980 --> 00:00:12,109 [Music] 6 00:00:14,719 --> 00:00:18,560 this is the university of the 7 00:00:16,800 --> 00:00:20,400 netherlands ever heard of the 8 00:00:18,560 --> 00:00:24,159 pastafarians 9 00:00:20,400 --> 00:00:26,400 no not rastafarians pastafarians 10 00:00:24,160 --> 00:00:28,240 pastafarians is another name for people 11 00:00:26,400 --> 00:00:30,880 who are members of the church of the 12 00:00:28,240 --> 00:00:33,519 flying spaghetti monster the church 13 00:00:30,880 --> 00:00:35,680 first emerged in 2005 after the 14 00:00:33,520 --> 00:00:38,079 publication of an open letter to the 15 00:00:35,680 --> 00:00:40,800 kansas school board raising concerns 16 00:00:38,079 --> 00:00:42,399 about teaching intelligent design 17 00:00:40,800 --> 00:00:44,559 that's the idea that the world was 18 00:00:42,399 --> 00:00:47,360 intentionally designed by an intelligent 19 00:00:44,559 --> 00:00:48,718 creator namely god alongside teaching 20 00:00:47,360 --> 00:00:50,719 evolution 21 00:00:48,719 --> 00:00:52,480 the church has quickly gained multiple 22 00:00:50,719 --> 00:00:54,239 followers across numerous countries 23 00:00:52,480 --> 00:00:56,959 around the world 24 00:00:54,239 --> 00:00:59,120 now since then pastafarians have applied 25 00:00:56,960 --> 00:01:02,079 for legal recognition as a religion in 26 00:00:59,120 --> 00:01:04,878 many countries including most recently 27 00:01:02,079 --> 00:01:07,600 in 2021 by members of the church in 28 00:01:04,879 --> 00:01:09,439 adelaide south australia 29 00:01:07,600 --> 00:01:11,919 now legal recognition would allow the 30 00:01:09,439 --> 00:01:14,080 church to among other things establish 31 00:01:11,920 --> 00:01:16,479 formal legal rules and regulations 32 00:01:14,080 --> 00:01:18,798 accountability structures gain tax 33 00:01:16,479 --> 00:01:21,200 exempt status and offer charitable 34 00:01:18,799 --> 00:01:23,040 social services all with government 35 00:01:21,200 --> 00:01:24,479 oversight 36 00:01:23,040 --> 00:01:26,799 however 37 00:01:24,479 --> 00:01:28,880 the south australian legal authorities 38 00:01:26,799 --> 00:01:31,320 rejected the application for formal 39 00:01:28,880 --> 00:01:34,479 legal recognition declaring that 40 00:01:31,320 --> 00:01:37,119 pastafarianism was a hoax religion 41 00:01:34,479 --> 00:01:38,960 designed to satirize or mock established 42 00:01:37,119 --> 00:01:41,040 religions 43 00:01:38,960 --> 00:01:42,640 the ruling came as a deep disappointment 44 00:01:41,040 --> 00:01:44,799 to followers of the church of the flying 45 00:01:42,640 --> 00:01:47,600 spaghetti monster who believe that the 46 00:01:44,799 --> 00:01:49,759 church is essentially misunderstood 47 00:01:47,600 --> 00:01:52,240 there is a core group of people who 48 00:01:49,759 --> 00:01:54,159 really believe in pastafarianism 49 00:01:52,240 --> 00:01:56,000 and it can change people's lives for the 50 00:01:54,159 --> 00:01:57,119 better 51 00:01:56,000 --> 00:02:00,159 so 52 00:01:57,119 --> 00:02:02,399 is pastafarianism a religion or not 53 00:02:00,159 --> 00:02:04,640 what even is religion 54 00:02:02,399 --> 00:02:07,600 and who gets to decide 55 00:02:04,640 --> 00:02:09,520 that's what we're going to explore today 56 00:02:07,600 --> 00:02:10,878 so what is it that makes something a 57 00:02:09,520 --> 00:02:13,520 religion 58 00:02:10,878 --> 00:02:16,000 that seems fairly obvious right we all 59 00:02:13,520 --> 00:02:18,720 know what religion is we all know the 60 00:02:16,000 --> 00:02:22,000 major world religions christianity islam 61 00:02:18,720 --> 00:02:23,520 hinduism buddhism judaism new ageism and 62 00:02:22,000 --> 00:02:25,680 so on 63 00:02:23,520 --> 00:02:28,640 but within christianity 64 00:02:25,680 --> 00:02:31,120 we have catholicism and protestantism 65 00:02:28,640 --> 00:02:32,879 and thousands of other denominations and 66 00:02:31,120 --> 00:02:34,840 sub-denominations 67 00:02:32,879 --> 00:02:37,280 do they all count as 68 00:02:34,840 --> 00:02:39,760 religion we know that there are sunni 69 00:02:37,280 --> 00:02:41,280 and shia islam but there are multiple 70 00:02:39,760 --> 00:02:44,239 other traditions within the global 71 00:02:41,280 --> 00:02:46,480 muslim community as well that all have 72 00:02:44,239 --> 00:02:47,840 slightly different variations in beliefs 73 00:02:46,480 --> 00:02:50,000 and traditions 74 00:02:47,840 --> 00:02:53,519 the same is true if we take a look at 75 00:02:50,000 --> 00:02:56,959 hinduism buddhism and judaism 76 00:02:53,519 --> 00:02:59,280 so when we talk about religion 77 00:02:56,959 --> 00:03:01,440 which religion do we mean 78 00:02:59,280 --> 00:03:02,800 which christianity are we actually 79 00:03:01,440 --> 00:03:04,879 referring to 80 00:03:02,800 --> 00:03:06,959 which islam 81 00:03:04,879 --> 00:03:08,239 what is it that we're really talking 82 00:03:06,959 --> 00:03:10,720 about 83 00:03:08,239 --> 00:03:13,040 with so much variation it's hard to be 84 00:03:10,720 --> 00:03:16,159 sure that we really do all know what we 85 00:03:13,040 --> 00:03:18,959 mean when we talk about religion 86 00:03:16,159 --> 00:03:21,599 now you might be thinking okay so there 87 00:03:18,959 --> 00:03:23,440 are different kinds of religions fine 88 00:03:21,599 --> 00:03:25,679 but they're all basically the same 89 00:03:23,440 --> 00:03:27,200 aren't they at their core 90 00:03:25,680 --> 00:03:29,200 they all share the same kinds of 91 00:03:27,200 --> 00:03:32,159 characteristics and do the same kinds of 92 00:03:29,200 --> 00:03:33,679 things and that's how you know they are 93 00:03:32,159 --> 00:03:36,640 religions 94 00:03:33,680 --> 00:03:39,120 well let's think about that for a moment 95 00:03:36,640 --> 00:03:41,359 what are these characteristics that all 96 00:03:39,120 --> 00:03:44,159 religions supposedly share that makes 97 00:03:41,360 --> 00:03:46,560 them basically the same 98 00:03:44,159 --> 00:03:48,959 is it that religion is defined by a 99 00:03:46,560 --> 00:03:51,200 belief in god 100 00:03:48,959 --> 00:03:53,120 if that's the case that would mean that 101 00:03:51,200 --> 00:03:55,839 buddhism is not a religion since 102 00:03:53,120 --> 00:03:56,879 buddhists don't believe in a god 103 00:03:55,840 --> 00:03:59,280 okay 104 00:03:56,879 --> 00:04:01,200 is religion then a set of guidelines on 105 00:03:59,280 --> 00:04:04,080 how to live a good life 106 00:04:01,200 --> 00:04:06,720 if that's the case then perhaps veganism 107 00:04:04,080 --> 00:04:08,640 can be considered a religion 108 00:04:06,720 --> 00:04:10,400 is religion an institution or a 109 00:04:08,640 --> 00:04:12,399 community brought together around a 110 00:04:10,400 --> 00:04:14,319 shared belief in something greater than 111 00:04:12,400 --> 00:04:15,439 oneself 112 00:04:14,319 --> 00:04:17,680 but then 113 00:04:15,439 --> 00:04:21,120 couldn't we also think about communism 114 00:04:17,680 --> 00:04:23,199 or nationalism as a type of religion 115 00:04:21,120 --> 00:04:25,199 does religion require a group of people 116 00:04:23,199 --> 00:04:26,639 meeting in a place of worship like a 117 00:04:25,199 --> 00:04:28,880 church 118 00:04:26,639 --> 00:04:30,800 that would rule out ancestor or nature 119 00:04:28,880 --> 00:04:33,280 worship as well as many indigenous 120 00:04:30,800 --> 00:04:35,680 spiritualities 121 00:04:33,280 --> 00:04:38,638 now this might surprise you but there is 122 00:04:35,680 --> 00:04:40,840 actually no widely accepted universal 123 00:04:38,639 --> 00:04:44,240 established definition of 124 00:04:40,840 --> 00:04:47,280 religion and yet decisions get made 125 00:04:44,240 --> 00:04:50,560 every day in courts in parliaments in 126 00:04:47,280 --> 00:04:52,638 policy about what counts as religion and 127 00:04:50,560 --> 00:04:55,120 what doesn't 128 00:04:52,639 --> 00:04:56,639 so who's making these decisions and how 129 00:04:55,120 --> 00:04:59,040 are they doing it 130 00:04:56,639 --> 00:05:00,560 well for the most part the state decides 131 00:04:59,040 --> 00:05:02,479 what does and doesn't count as a 132 00:05:00,560 --> 00:05:04,320 religion at least from a legal or 133 00:05:02,479 --> 00:05:06,159 political perspective 134 00:05:04,320 --> 00:05:08,080 and this is because of the way the state 135 00:05:06,160 --> 00:05:09,600 as we know it today has developed 136 00:05:08,080 --> 00:05:12,400 throughout history 137 00:05:09,600 --> 00:05:13,520 now this is a very abridged version but 138 00:05:12,400 --> 00:05:16,320 essentially 139 00:05:13,520 --> 00:05:19,120 within europe from for a long time the 140 00:05:16,320 --> 00:05:20,800 church was also the political authority 141 00:05:19,120 --> 00:05:22,639 gradually however 142 00:05:20,800 --> 00:05:25,520 other rulers emerged who drew their 143 00:05:22,639 --> 00:05:26,720 power from wealth or land or family 144 00:05:25,520 --> 00:05:29,359 heritage 145 00:05:26,720 --> 00:05:32,400 what we now call secular sources of 146 00:05:29,360 --> 00:05:34,639 power rather than from the divine 147 00:05:32,400 --> 00:05:37,679 religious power and secular power became 148 00:05:34,639 --> 00:05:39,680 separated and ultimately secular rulers 149 00:05:37,680 --> 00:05:41,919 and institutions established varying 150 00:05:39,680 --> 00:05:43,440 degrees of control over religious 151 00:05:41,919 --> 00:05:45,440 institutions 152 00:05:43,440 --> 00:05:47,919 with processes of colonialism and 153 00:05:45,440 --> 00:05:50,719 globalization this model of political 154 00:05:47,919 --> 00:05:52,719 power was exported around the globe so 155 00:05:50,720 --> 00:05:55,039 that now most countries have a 156 00:05:52,720 --> 00:05:58,960 constitutional structure that separates 157 00:05:55,039 --> 00:06:01,919 religious and political authority 158 00:05:58,960 --> 00:06:04,799 but in order to separate them we also 159 00:06:01,919 --> 00:06:08,560 have to decide what religion is and 160 00:06:04,800 --> 00:06:10,160 where religion ends and politics begins 161 00:06:08,560 --> 00:06:12,639 and this distinction looks different 162 00:06:10,160 --> 00:06:14,319 depending on your own culture history 163 00:06:12,639 --> 00:06:16,479 and background 164 00:06:14,319 --> 00:06:18,720 because it's not just about what the law 165 00:06:16,479 --> 00:06:22,240 or the constitution says 166 00:06:18,720 --> 00:06:24,479 it's also about how they are interpreted 167 00:06:22,240 --> 00:06:26,080 and the way we interpret law depends 168 00:06:24,479 --> 00:06:27,680 very much on the context that we're 169 00:06:26,080 --> 00:06:29,680 coming from 170 00:06:27,680 --> 00:06:31,600 so even though there's no official 171 00:06:29,680 --> 00:06:32,400 definition of religion written in the 172 00:06:31,600 --> 00:06:34,639 law 173 00:06:32,400 --> 00:06:37,679 the south australian court decided that 174 00:06:34,639 --> 00:06:39,919 pastafarianism is a hoax and not a real 175 00:06:37,680 --> 00:06:41,759 religion based on the cultural and 176 00:06:39,919 --> 00:06:45,599 historical context of australian 177 00:06:41,759 --> 00:06:47,199 politics law and society 178 00:06:45,600 --> 00:06:48,560 but 179 00:06:47,199 --> 00:06:49,680 so what 180 00:06:48,560 --> 00:06:51,680 what does it matter that the 181 00:06:49,680 --> 00:06:53,840 pastafarians aren't acknowledged as a 182 00:06:51,680 --> 00:06:55,599 religion they can still get dressed up 183 00:06:53,840 --> 00:06:57,198 like pirates and have their gatherings 184 00:06:55,599 --> 00:06:59,360 and their own texts about the flying 185 00:06:57,199 --> 00:07:01,680 spaghetti monster they're just not 186 00:06:59,360 --> 00:07:03,520 legally recognized 187 00:07:01,680 --> 00:07:05,120 well the pastafarians themselves are 188 00:07:03,520 --> 00:07:06,799 deeply disappointed about not being 189 00:07:05,120 --> 00:07:10,160 legally recognized 190 00:07:06,800 --> 00:07:11,599 but maybe that's not such a big deal 191 00:07:10,160 --> 00:07:13,039 perhaps 192 00:07:11,599 --> 00:07:14,960 but there are other groups around the 193 00:07:13,039 --> 00:07:16,960 world for whom the way the state or 194 00:07:14,960 --> 00:07:19,198 legislature decides what does and 195 00:07:16,960 --> 00:07:21,758 doesn't count as religion can make a 196 00:07:19,199 --> 00:07:23,360 major impact on people's lives 197 00:07:21,759 --> 00:07:26,560 especially when we look at the human 198 00:07:23,360 --> 00:07:28,639 right to freedom of religion or belief 199 00:07:26,560 --> 00:07:30,400 groups like the ahmadiyya community in 200 00:07:28,639 --> 00:07:32,400 pakistan 201 00:07:30,400 --> 00:07:35,039 the ahmadiyya follow the teachings of 202 00:07:32,400 --> 00:07:37,599 gulem akhmad a 19th century man from 203 00:07:35,039 --> 00:07:40,639 punjab who they see as a prophet who 204 00:07:37,599 --> 00:07:42,800 came after the prophet muhammad 205 00:07:40,639 --> 00:07:45,759 now the ahmadiyya consider themselves to 206 00:07:42,800 --> 00:07:47,840 be muslim they use the same terms to 207 00:07:45,759 --> 00:07:49,440 refer to their sacred rituals of prayer 208 00:07:47,840 --> 00:07:51,039 and worship as the broader muslim 209 00:07:49,440 --> 00:07:53,840 community 210 00:07:51,039 --> 00:07:55,680 but not everyone agrees with this 211 00:07:53,840 --> 00:07:58,799 indeed there are some who think the 212 00:07:55,680 --> 00:08:01,440 ahmadiyya are not muslims because in 213 00:07:58,800 --> 00:08:03,680 their view muhammad was the last and 214 00:08:01,440 --> 00:08:05,120 greatest of the prophets not golem 215 00:08:03,680 --> 00:08:07,520 akmart 216 00:08:05,120 --> 00:08:09,759 they see their use of the same rituals 217 00:08:07,520 --> 00:08:12,878 as offensive and blasphemous a 218 00:08:09,759 --> 00:08:14,400 deliberate act of provocation 219 00:08:12,879 --> 00:08:17,120 and this question of whether the 220 00:08:14,400 --> 00:08:18,799 ahmadiyya are muslim or not has been the 221 00:08:17,120 --> 00:08:20,720 source of significant political and 222 00:08:18,800 --> 00:08:22,960 civil tension and violence since the 223 00:08:20,720 --> 00:08:24,720 post-colonial formation of the pakistani 224 00:08:22,960 --> 00:08:26,479 state 225 00:08:24,720 --> 00:08:29,199 now it's here that the right to freedom 226 00:08:26,479 --> 00:08:30,719 of religion or belief comes into play 227 00:08:29,199 --> 00:08:33,360 a right that is enshrined in the 228 00:08:30,720 --> 00:08:35,599 constitution of pakistan it says that 229 00:08:33,360 --> 00:08:37,919 every citizen has the right to profess 230 00:08:35,599 --> 00:08:42,000 and practice their religion subject to 231 00:08:37,919 --> 00:08:44,319 law public order and morality 232 00:08:42,000 --> 00:08:47,920 so this should mean that the ahmadiyya 233 00:08:44,320 --> 00:08:50,800 can also practice their rituals right 234 00:08:47,920 --> 00:08:53,519 well that depends 235 00:08:50,800 --> 00:08:55,839 since the 1980s interpretations of this 236 00:08:53,519 --> 00:08:58,160 law have emphasized the preservation of 237 00:08:55,839 --> 00:09:00,800 public order rather than the right to 238 00:08:58,160 --> 00:09:02,880 profess and practice religion 239 00:09:00,800 --> 00:09:04,959 where previously courts had ruled that 240 00:09:02,880 --> 00:09:07,600 the ahmadiyya had the right to worship 241 00:09:04,959 --> 00:09:09,359 and pray and practice their religion 242 00:09:07,600 --> 00:09:11,040 courts and parliamentary legislation 243 00:09:09,360 --> 00:09:13,680 have determined that the ahmadiyya 244 00:09:11,040 --> 00:09:15,920 practices present a threat to public 245 00:09:13,680 --> 00:09:19,279 order because of the violent reactions 246 00:09:15,920 --> 00:09:20,240 they incur from the wider community 247 00:09:19,279 --> 00:09:22,800 further 248 00:09:20,240 --> 00:09:24,399 in the early 1970s constitutional 249 00:09:22,800 --> 00:09:26,319 amendments were introduced that meant 250 00:09:24,399 --> 00:09:29,519 that anyone taking the oath of office 251 00:09:26,320 --> 00:09:31,440 for prime minister had to swear not only 252 00:09:29,519 --> 00:09:33,680 that they were muslim but that they 253 00:09:31,440 --> 00:09:34,880 believed muhammad was the last of the 254 00:09:33,680 --> 00:09:36,800 prophets 255 00:09:34,880 --> 00:09:38,480 now this automatically rules out the 256 00:09:36,800 --> 00:09:40,719 ahmadiyya 257 00:09:38,480 --> 00:09:43,360 thus despite considering themselves 258 00:09:40,720 --> 00:09:46,160 muslims under pakistani law 259 00:09:43,360 --> 00:09:47,600 ahmadiyya are not counted as muslims and 260 00:09:46,160 --> 00:09:49,439 are restricted in their religious 261 00:09:47,600 --> 00:09:53,040 practices because of the violence with 262 00:09:49,440 --> 00:09:53,040 which other communities react 263 00:09:53,279 --> 00:09:57,360 maybe this is only a problem in pakistan 264 00:09:55,760 --> 00:09:58,800 where there are certain rights reserved 265 00:09:57,360 --> 00:10:00,480 for muslims 266 00:09:58,800 --> 00:10:02,479 what about other countries like 267 00:10:00,480 --> 00:10:04,399 supposedly secular countries where the 268 00:10:02,480 --> 00:10:06,240 law shouldn't privilege any particular 269 00:10:04,399 --> 00:10:08,720 religion and there aren't special rights 270 00:10:06,240 --> 00:10:10,560 for certain religious communities 271 00:10:08,720 --> 00:10:12,720 let's take a look at two cases from the 272 00:10:10,560 --> 00:10:14,000 european court of human rights that also 273 00:10:12,720 --> 00:10:16,079 addressed the right to freedom of 274 00:10:14,000 --> 00:10:17,600 religion to see whether this makes any 275 00:10:16,079 --> 00:10:20,160 difference 276 00:10:17,600 --> 00:10:21,920 the first case concerns mr lubb a 277 00:10:20,160 --> 00:10:24,160 primary school teacher in switzerland 278 00:10:21,920 --> 00:10:25,839 who converted to islam and began wearing 279 00:10:24,160 --> 00:10:27,120 a head scarf including while she was 280 00:10:25,839 --> 00:10:29,360 teaching 281 00:10:27,120 --> 00:10:31,760 now initially this didn't cause any 282 00:10:29,360 --> 00:10:33,519 problems mr loud didn't receive any 283 00:10:31,760 --> 00:10:35,439 complaints from the other teachers 284 00:10:33,519 --> 00:10:36,959 students or any of the parents about 285 00:10:35,440 --> 00:10:38,000 wearing the headscarf while she was 286 00:10:36,959 --> 00:10:39,680 teaching 287 00:10:38,000 --> 00:10:41,680 if her students asked her why she was 288 00:10:39,680 --> 00:10:43,680 wearing it she told them it was to keep 289 00:10:41,680 --> 00:10:46,640 her ears warm she didn't mention 290 00:10:43,680 --> 00:10:47,920 anything about her religion 291 00:10:46,640 --> 00:10:50,240 nonetheless 292 00:10:47,920 --> 00:10:52,240 the geneva education authorities ordered 293 00:10:50,240 --> 00:10:53,680 her not to wear it because it violated 294 00:10:52,240 --> 00:10:56,560 the principle of denominational 295 00:10:53,680 --> 00:10:58,399 neutrality in education the idea that 296 00:10:56,560 --> 00:11:01,359 schools and teachers shouldn't promote a 297 00:10:58,399 --> 00:11:03,839 particular religion or ideology 298 00:11:01,360 --> 00:11:05,760 mr lab argued that this violated her 299 00:11:03,839 --> 00:11:07,920 right to manifest her religion under 300 00:11:05,760 --> 00:11:10,160 article 9 of the european convention of 301 00:11:07,920 --> 00:11:12,240 human rights the right to freedom of 302 00:11:10,160 --> 00:11:15,760 religion 303 00:11:12,240 --> 00:11:17,760 what do you think the court decided 304 00:11:15,760 --> 00:11:19,680 before we discuss the outcome i want to 305 00:11:17,760 --> 00:11:23,200 introduce you to the second case which 306 00:11:19,680 --> 00:11:26,239 is also about religion in public schools 307 00:11:23,200 --> 00:11:29,519 this is the laozi v italy case now miss 308 00:11:26,240 --> 00:11:31,519 lautzy an atheist objected to crucifixes 309 00:11:29,519 --> 00:11:33,440 being displayed in the classrooms at her 310 00:11:31,519 --> 00:11:35,440 children's public school 311 00:11:33,440 --> 00:11:37,279 she argued that the crucifixes in the 312 00:11:35,440 --> 00:11:39,839 classroom violated her and her 313 00:11:37,279 --> 00:11:42,000 children's right to freedom of religion 314 00:11:39,839 --> 00:11:44,959 the same right that mr lubb argued 315 00:11:42,000 --> 00:11:46,480 should allow her to wear a headscarf 316 00:11:44,959 --> 00:11:47,839 now the school board rejected miss 317 00:11:46,480 --> 00:11:50,320 loutz's claim 318 00:11:47,839 --> 00:11:52,079 and left the crucifixes in place 319 00:11:50,320 --> 00:11:53,760 the case went through various levels of 320 00:11:52,079 --> 00:11:55,519 the italian court system until it 321 00:11:53,760 --> 00:11:57,120 eventually reached the european court of 322 00:11:55,519 --> 00:11:59,519 human rights 323 00:11:57,120 --> 00:12:01,760 at first the court ruled in favor of 324 00:11:59,519 --> 00:12:03,760 miss laozi saying the crucifixes on the 325 00:12:01,760 --> 00:12:05,680 wall did indeed violate the right to 326 00:12:03,760 --> 00:12:06,800 freedom of religion 327 00:12:05,680 --> 00:12:08,319 however 328 00:12:06,800 --> 00:12:11,839 the italian government appealed this 329 00:12:08,320 --> 00:12:14,160 decision to the court's grand chamber 330 00:12:11,839 --> 00:12:16,000 so we have these two cases where the 331 00:12:14,160 --> 00:12:17,519 european court of human rights had to 332 00:12:16,000 --> 00:12:19,279 rule about religious symbols in 333 00:12:17,519 --> 00:12:21,600 classrooms 334 00:12:19,279 --> 00:12:22,800 in the first case state authorities 335 00:12:21,600 --> 00:12:24,880 claimed that the presence of a head 336 00:12:22,800 --> 00:12:26,399 headscarf violates the principle of 337 00:12:24,880 --> 00:12:27,839 denominational neutrality in the 338 00:12:26,399 --> 00:12:30,480 classroom 339 00:12:27,839 --> 00:12:32,639 in the second case an individual claimed 340 00:12:30,480 --> 00:12:34,079 the display over crucifix violates this 341 00:12:32,639 --> 00:12:36,880 principle 342 00:12:34,079 --> 00:12:38,479 in both cases individuals claimed that 343 00:12:36,880 --> 00:12:40,639 their right to freedom of religion or 344 00:12:38,480 --> 00:12:43,040 belief is being violated by the actions 345 00:12:40,639 --> 00:12:47,040 of state authorities 346 00:12:43,040 --> 00:12:47,040 what do you think the court decided 347 00:12:47,519 --> 00:12:51,600 in the case of mr lab the court ruled in 348 00:12:50,240 --> 00:12:53,600 favour of the swiss government and 349 00:12:51,600 --> 00:12:55,519 educational authority 350 00:12:53,600 --> 00:12:57,440 mr lab was not allowed to wear her head 351 00:12:55,519 --> 00:12:58,959 scarf because it violated the principle 352 00:12:57,440 --> 00:13:00,959 of neutrality 353 00:12:58,959 --> 00:13:03,359 the court argued that the head scarf was 354 00:13:00,959 --> 00:13:05,199 a powerful religious symbol that it 355 00:13:03,360 --> 00:13:06,959 influenced the freedom of conscience of 356 00:13:05,200 --> 00:13:09,040 very young children 357 00:13:06,959 --> 00:13:11,279 further the court stated that the head 358 00:13:09,040 --> 00:13:13,360 scarf carried negative connotations 359 00:13:11,279 --> 00:13:16,480 because it was imposed on women by the 360 00:13:13,360 --> 00:13:18,720 koran undermining tolerance equality and 361 00:13:16,480 --> 00:13:21,040 respect for others 362 00:13:18,720 --> 00:13:23,120 in the case of miss laozi the court 363 00:13:21,040 --> 00:13:25,040 ruled that the crucifix is a passive 364 00:13:23,120 --> 00:13:26,800 symbol that doesn't violate the 365 00:13:25,040 --> 00:13:28,800 principle of neutrality and that there 366 00:13:26,800 --> 00:13:30,959 was no evidence of influencing the 367 00:13:28,800 --> 00:13:33,359 beliefs of young children 368 00:13:30,959 --> 00:13:35,920 in addition the court agreed with the 369 00:13:33,360 --> 00:13:38,160 italian state that the crucifix is also 370 00:13:35,920 --> 00:13:40,399 an important cultural symbol 371 00:13:38,160 --> 00:13:42,399 part of italian cultural heritage with 372 00:13:40,399 --> 00:13:46,399 positive connotations as a symbol of 373 00:13:42,399 --> 00:13:49,360 democracy equality and justice 374 00:13:46,399 --> 00:13:50,480 two similar cases two very different 375 00:13:49,360 --> 00:13:52,800 outcomes 376 00:13:50,480 --> 00:13:54,639 both of them decided by how the european 377 00:13:52,800 --> 00:13:57,439 court of human rights interpreted 378 00:13:54,639 --> 00:14:00,880 different symbols as either religious or 379 00:13:57,440 --> 00:14:03,120 cultural and as negative or positive 380 00:14:00,880 --> 00:14:04,800 and for both of them the individual 381 00:14:03,120 --> 00:14:09,040 rights of people to freedom of religion 382 00:14:04,800 --> 00:14:09,040 or belief are fundamentally affected 383 00:14:09,440 --> 00:14:14,880 pakistan switzerland italy 384 00:14:13,199 --> 00:14:16,800 each of these examples shows us that 385 00:14:14,880 --> 00:14:18,560 religion can mean different things in 386 00:14:16,800 --> 00:14:20,959 different contexts 387 00:14:18,560 --> 00:14:23,279 religion isn't something that is fixed 388 00:14:20,959 --> 00:14:24,560 and universal that we can clearly define 389 00:14:23,279 --> 00:14:26,880 and label 390 00:14:24,560 --> 00:14:29,518 it's something that constantly changes 391 00:14:26,880 --> 00:14:31,600 that we continually debate and contest 392 00:14:29,519 --> 00:14:33,920 through law and politics 393 00:14:31,600 --> 00:14:35,360 and in our everyday lives 394 00:14:33,920 --> 00:14:37,279 and it matters 395 00:14:35,360 --> 00:14:39,360 because it means that how we decide what 396 00:14:37,279 --> 00:14:41,519 religion is can have very different 397 00:14:39,360 --> 00:14:45,839 consequences for individuals and 398 00:14:41,519 --> 00:14:45,839 communities all over the world 399 00:14:46,240 --> 00:14:50,880 so what then is religion 400 00:14:49,360 --> 00:14:53,519 it depends 401 00:14:50,880 --> 00:14:55,680 it depends on where you are who you are 402 00:14:53,519 --> 00:14:57,440 and who gets to decide 403 00:14:55,680 --> 00:14:58,880 there is no standard universal 404 00:14:57,440 --> 00:15:00,360 definition 405 00:14:58,880 --> 00:15:03,360 the australian court ruled that 406 00:15:00,360 --> 00:15:05,760 pastafarianism wasn't a real religion 407 00:15:03,360 --> 00:15:07,279 but the pastafarians themselves claim 408 00:15:05,760 --> 00:15:09,040 that it is 409 00:15:07,279 --> 00:15:10,880 so who should we listen to 410 00:15:09,040 --> 00:15:13,199 the people who live and follow and 411 00:15:10,880 --> 00:15:15,760 practice the teachings of pastafarianism 412 00:15:13,199 --> 00:15:17,680 who know about it and engage with it 413 00:15:15,760 --> 00:15:20,079 or the legal authorities who assess 414 00:15:17,680 --> 00:15:22,079 whether something is a religion or not 415 00:15:20,079 --> 00:15:24,800 against cultural norms and legal and 416 00:15:22,079 --> 00:15:27,199 political provisions 417 00:15:24,800 --> 00:15:28,719 there's no easy answers here but one 418 00:15:27,199 --> 00:15:31,439 thing is clear 419 00:15:28,720 --> 00:15:34,320 defining religion isn't just an abstract 420 00:15:31,440 --> 00:15:37,199 theoretical or philosophical question 421 00:15:34,320 --> 00:15:39,040 defining religion has real consequences 422 00:15:37,199 --> 00:15:41,279 for people's human rights 423 00:15:39,040 --> 00:15:44,240 freedoms dignity 424 00:15:41,279 --> 00:15:45,720 and sometimes even for their lives 425 00:15:44,240 --> 00:15:57,299 thank you for watching 426 00:15:45,720 --> 00:15:57,299 [Music] 427 00:16:00,399 --> 00:16:02,480 you