PROFESSOR carolyn evans

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Fulbright Senior Scholar

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“The regulation of religion is politically contentious, particularly in multi-religious societies such as Australia and the United States. States sometimes have to limit religious freedom for compelling reasons, such as preventing harm to the rights of other people or protecting public order.”

Associate Professor Carolyn Evans, Associate Dean at Melbourne Law School, has won a Fulbright Senior Scholarship to go to Washington College of Law at American University and Emory University in Atlanta, Georgia for three - four months.

Carolyn will research religious freedom, looking at when and in what circumstances the law should recognise that people have consented to limitations on their religious freedom. She will examine this question in the context of employment, public school education and membership of religious groups.

“Australia and the U.S. are both multi-religious societies in which the role of religion and its regulation has become the source of increasingly acrimonious dispute. In order for a multi-religious society to function smoothly, people sometimes have to agree to compromise or constrain their religious beliefs, eg by not proselytizing co-workers or allowing a child receiving religious education in order to gain enrolment in a religious school. But in what circumstances can we say somebody has genuinely consented to constraints on their religious freedom?”

Carolyn said that her research will be the first systemic, principled exploration of what ‘consent’ means in the context of religious freedom. She will analyse the U.S. case-law, scholarly writing and attitudes of those working in human rights and religious organisations in order to develop a detailed comparative study about the way in which these complex issues are dealt with in the U.S. and to analyse the policy implications for Australia.

“Religious issues have been of greater public and legal prominence in the United States than in Australia, particularly over the last 50 years. Meetings with relevant policy makers and non-governmental organisations working on religion and law will be invaluable in assisting me to develop a detailed understanding of America practices,” Carolyn said.

“The opportunity to discuss my research with some of the world’s leading scholars of law and religion will help me to refine my ideas and ensure that my research is of international relevance.”

Carolyn has a PhD law from Oxford University, and has held a Rhodes Scholarship. She also has a Bachelor of Arts and Law with honours from the University of Melbourne. In addition to her academic pursuits she has written children’s books for her own children, and enjoys reading and going to the theatre.