Religious discrimination in the administration of justice
- Active religious prejudice in court
Nature
In some countries admission to the judiciary or some parts thereof is limited, either by law or in practice, to persons belonging to a particular religion. Where the law requires the taking of an oath by judges (upon their taking office), or by jurors, assessors or lawyers (before acting) this, as such, discriminates against those who object to taking oaths, on religious grounds, and those who profess no religion, to the extent that the formula for the oath is incompatible with their beliefs.
Similarly, where the law requires the taking of an oath before giving evidence in court, a person who objects to taking oaths in a manner which he deems to be incompatible with his religious or non-religious beliefs may be impeded in his defence in criminal proceedings or in presenting his case in civil or administrative matters. An accused or a litigant may similarly suffer if one of his witnesses or an interpreter who is to assist him is under the same disadvantage.