The International Human Right to Freedom of Religion or Belief: Referring to Foucault to Achieve the Descriptive Moment

Recognising the inherent problems associated with the international human right to freedom of religion or belief, this article proposes an alternative approach to the right. One can begin to address the right by clarifying the importance of knowledge and the role that it plays when combined with power. Adopting notions proposed by M. Foucault provides the groundwork for a transgressive interpretation of religion or beliefs such as to account for assertions of a religion or a belief as part of the ongoing social discourse. Manifestations of a religion or belief need not be understood as a struggle between the individual and state, but rather within a broader framework. Consideration could be made of additional factors towards understanding a belief, including the assertions of a believer, without necessarily weighing the merits of the belief.