Shaun De Freitas

B. Proc.; LL. B; LL. M; LL. D. (UFS)
Adjunct Professor

Email: Shaun.deFreitas@nd.edu.au

  • Biography

    Professor Shaun deFreitas completed Baccureus Procurationis (1996); LL.B. (2000); the LL.M. by thesis (2004) (magna cum laude) and the LL.D. (2014) at the Faculty of Law, University of the Free State. Shaun completed a 6 month course in applied law at the Free State School for Legal Practice (1998).and then underwent training as a candidate attorney at the law firm Honey Inc., Bloemfontein (1998-2000). Shaun was appointed as Community Law Advisor at the Free State Centre for Citizenship Education and Conflict Resolution (2001-2002). He commenced as a part-time lecturer at the Faculty of Law, Department of Constitutional Law & Philosophy of Law, UFS (2001-2003). Shaun was appointed as Lecturer in 2003; and subsequently promoted to Senior Lecturer in 2004 and to Associate Professor in 2008. Shaun was appointed as the Chairperson of the Department of Constitutional Law & Philosophy of Law, UFS (2008-2011 & 2014).

    Professor de Freitas lectures in Public International Law, Constitutional and Human Rights Law as well as (occasionally) Philosophy of Law. His area of research focus is Religious Rights and Freedoms. He is the author of research articles published in local as well as foreign academic journals, and has also presented a number of papers both locally and internationally.

    Shaun is the Editor-in-Chief: Journal for Juridical Science [JJS] (2013-); member of the editorial board of the African Yearbook on International Humanitarian Law [AYIHL] (2006-) as well as the International Journal for Religious Freedom [IJRF] (2011-).

  • Teaching areas

    Constitutional Law and Public International Law

  • Research Expertise and Supervision

    Religious Rights and Freedoms

  • Book Chapters

    “The Reformational Legacy of Theologico-political Federalism”, 49-68, in The Ashgate Research Companion to Federalism, Ann Ward & Lee Ward (eds.), (Aldershot, UK: Ashgate Publishing Co., July 2009). (co-authored)

  • Journal Articles and Proceedings

    • “The Fragility of Life within the Secular Law Sphere”, Journal for Christian Scholarship (JCS), Vol. 37, Issues 3 & 4, (2001), 107-127.
    • “Church Tribunals, Doctrinal Sanction and the South African Constitution”, Dutch-Reformed Theological Journal (NGTT), Part 43, Numbers 1 & 2, March and June (2002), 276-284. (co-authored)
    • “The Constitutional Dynamic of Civil Society and the Role of the Churches in South Africa”, Acta Academica, Vol. 37, Issue 2, (2005), 21-51.
    • “A critical retrospection regarding the legality of abortion in South Africa”, Journal for Juridical Science (JJS), Vol. 30, Issue 1, (2005), 118-145.
    • “Resistance, Rebellion and a Swiss Brutus?”, The Historical Journal, Vol. 48, 1(2005), 1-26, Cambridge University Press, UK. (co-authored)
    • “Mercenarism and Customary International Law?”, African Yearbook on International Humanitarian Law (AYIHL), JUTA & Co. Ltd, (2006), 17-41. (co-authored)
    • “Humanity, the Unborn and the Intersection of International Humanitarian Law and Human Rights Law”, African Yearbook on International Humanitarian Law (AYIHL), JUTA & Co. Ltd, (2007), 39-59.
    • “Religion, legal scholarship and higher education: perspectives for the South African context”, Acta Academica, Vol. 39, Issue 3, (2007), 45-66.
    • “Civic Engagement, Belief and the Scholarly Aspect in Higher Education”, Journal for Christian Scholarship, Vol. 44, Issues 3&4, (2008), 1-25.
    • “The Relevance of Science for the protection of the Unborn”, Journal for Christian Scholarship, Vol. 45, Issues 1&2, (2009), 61-85. (co-authored)
    • “Belief and Legal Philosophy: A conceptual framework for Christian Scholarship in Undergraduate Legal Education”, KOERS: Bulletin for Christian Scholarship, Vol. 74, Issues 1&2, (2009), 43-66.
    • “Modernity, the Judiciary and Christian Benevolence towards the Unborn”, Journal for Christian Scholarship, Vol. 46, Issues 1&2, (2010), 21-41. (co-authored)
    • “The Unborn and A, B, & C v. Ireland”, Case Note, Journal for Juridical Science (JJS), Vol. 35, Issue 1, (2010), 93-112. (co-authored)
    • “The Public University, Religion, and a Pluralist Platform for Communication”, Acta Theologica, (Supplementum 14 on Faith, Religion and the Public University), (2011), 31-48.
    • “Seeking Deliberation on the Unborn in International Law”, Potchefstroom Electronic Law Journal (PELJ), Vol. 14, 5(2011), 8-37. (co-authored)
    • “Freedom of conscience, medical practitioners and abortion in South Africa”, International Journal for Religious Freedom (IJRF), Vol. 4, Issue 1 – Advocacy and the Law, (2011), 75-85.
    • “Mottos, Prayer and the Public University”, South African Journal on Human Rights (SAJHR) 2(2012), 175-195.
    • “Freedom of Association as a Foundational Right: Religious Associations and Johan Daniel Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park”, South African Journal on Human Rights (SAJHR) 2(2012), 258-272.
    • “A, B, & C v. Ireland: The Unborn and an Appreciation of the Margin of Appreciation”, Ave Maria International Law Journal Vol. 2, 1(2012), 1-23. (co-authored)
    • “The South African Constitutional Court and the Unborn”, International Journal for Religious Freedom (IJRF), Vol. 5, 2(2012), 51-61.
    • “Religious Associational Rights and Sexual Conduct in South Africa: Towards the Furtherance of the Accommodation of a Diversity of Beliefs”, Brigham Young University Law Review, Vol. 2013, 3(2013), 421-456.
    • “Proselytism and the Right to Freedom from Improper Irreligious Influence: The Example of Public School Education”, Potchefstroom Electronic Law Journal (PELJ), Vol., 17, 3(2014), 868-887.
    • “Sexual Conduct, Appointments and the Slippery Slope of Harm and Economic Opportunity in the context of the Rights of Religious Associations”, Chapter 19, in Law and Religion in Africa – The quest for the common good in pluralistic societies, P. Coertzen, M. Christian Green and L. D. Hansen (eds.), African Consortium for Law and Religion Studies, (SUN PReSS: Stellenbosch, 2015), 285-297.
    • “Doctrinal Sanction and the Protection of the Rights of Religious Associations: Ecclesia de Lange v The Presiding Bishop of the Methodist Church of South Africa (726/13) [2014] ZASCA 151”, Case Note, Potchefstroom Electronic Law Journal (PELJ), (forthcoming in 2016).
    • “Transcending the Private-Public School Divide in the Context of the Right to Freedom of Religion in South Africa”, Chapter 19, in Religious Freedom and Religious Pluralism in Africa – Prospects and Limitations, P. Coertzen, M. Christian Green and L. D. Hansen (eds.), African Consortium for Law and Religion Studies, (SUN PReSS: Stellenbosch, 2016), (forthcoming in June 2016)
  • Conference Papers

    • Nuffield International Conference on the Legal Protection of Human Rights in Southern Africa, University of the Free State, Bloemfontein, April 2001: “The Right to Life”.
    • Church and State Conference, 24-26 October 2001, University of Stellenbosch: “Church Tribunals, Doctrinal Sanctioning and the South African Constitution” (co-authored with AWG Raath).
    • The Society of Law Teachers of Southern Africa Conference, 17-20 January 2005, University of the Free State, Bloemfontein: “‘Christian Lawyers Association of South Africa v Minister of Health’: A critical retrospection regarding abortion and the judiciary in South Africa”.
    • Colloquium for Legal Ethics 2006: The Churches and the Legality of Abortion in South Africa, 17-18 March 2006, University of the Free State: “Religion, Legal Scholarship and a Christian Response: Implications of the contemporary dissemination of abortion jurisprudence unveiled”.
    • The Society of Law Teachers of Southern Africa Conference, 3-6 July 2006, University of Cape Town: “Critical perspectives on the relationship between religion and legal scholarship in South Africa”.
    • American Political Science Association (APSA) Conference, Philadelphia, USA, 1-3 September 2006: “Benevolence, Covenant and the Ciceronian Spirit in Early Puritan Political Theory” (co-authored with AWG Raath).
    • Second International Conference on Interdisciplinary Social Sciences, Granada, Spain, 10-13 July 2007: “The Social Sciences in the context of Civic Engagement, Higher Education and Religion in South Africa”.
    • The Society of Law Teachers of Southern Africa Conference, 21-24 January 2008, University of Pretoria: “Philosophy of Law as an imperative in the dissemination of the law at undergraduate level”.
    • International Colloquium on the Teaching of Law in Africa, University of Namibia, Windhoek, Namibia, 26-27 March 2008: “Belief as meta-legal discipline in legal education”.
    • The Society of Law Teachers of Southern Africa Conference, 13-16 July 2009, University of KwaZulu-Natal, Pietermaritzburg: “Furthering the Interplay between International Humanitarian Law and Customary International Law”.
    • Conference on Faith, Religion and the Public University, 23-24 March 2010, University of the Free State, Bloemfontein: “The Public University, Religion and a Pluralist Platform for Communication”.
    • The Society of Law Teachers of Southern Africa Conference, 17-20 January 2011, University of Stellenbosch: “Liberty of Conscience, Medical Practitioners and Abortion in South Africa”.
    • The Symposium on Religious Rights and Freedoms, 15-16 September 2011, Constitutional Court, South Africa: “Mottos, Prayer and the Public University”. Also participated as a panel discussant on “Religious Rights and Equality” at the same Symposium.
    • Conference on Law and Religion in South Africa, 20-23 September 2011, Faculty of Theology, University of Stellenbosch: “Freedom of Association as a Constitutional Principle in Employment by Religious Associations: Johan Daniel Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park”.
    • Colloquium on Recognising the Rights and Freedoms of Religions in a Pluralistic, Secular South African Society, 27 September 2012, Faculty of Theology, University of the Free State, Bloemfontein: “The Right to Freedom of Religion in South Africa and the Challenge of Associational Rights”.
    • The Nineteenth Annual International Law and Religious Symposium on Religion, Democracy, and Civil Society, 7-9 October 2012, J. Reuben Clark Law School, Brigham Young University, Provo, Utah, USA: “Religious associational rights and sexual conduct: the accommodation of diversity of persuasion”.
    • The International Consultation on Religious Freedom Research, 16-18 March 2013, International Institute for Religious Freedom (IIRF – Bonn, Cape Town and Colombo), Istanbul, Turkey: “Cautioning against Improper Proselytism in Teaching in South African Public Schools”.
    • The Second Annual African Law and Religion Conference, 26-28 May 2014, Stellenbosch University, Stellenbosch, South Africa: “The Common Good also in Religious Interpretations and the Furtherance of Diversity”.
    • Third Annual African Law and Religion Conference, 17-19 May 2015, University of Namibia, Windhoek: “Transcending the Private-Public School Divide in the Context of the Right to Freedom of Religion in South Africa”.
    • Society of Law Teachers of Southern Africa Conference, 6-8 July 2015, Varsity College, Durban: “Doctrinal Sanction and the Protection of the Rights of Religious Associations: Ecclesia de Lange v The Presiding Bishop of the Methodist Church of Southern Africa (726/13) [2014] ZASCA 151”.
    • Oxford Symposium on History, Human Rights & Law, 10-12 August 2015, Pembroke College, University of Oxford, U. K.: “Diversity in the Maintenance of a Religious Ethos in a Public School against the Background of the Exclusion of Minority Beliefs”.
  • Other

    Editor-in-Chief of the Journal for Juridical Science