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Lec 07 - nov 14.doc

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University of Toronto St. George
Eleanor Pontoriero

RLG 309 - November 14 Legal Dimension and Perspectives N. Learner - he describes the historical development and how the doc address rlg and belief - Is rlg a legal def? No. - Belief has more of a philler bases - … ways in which he approaches his work and his legal perspective I. Introduction Section - The internal organization like the UN i.e. Have a adopted measures to gurantee freedom of rlg at an international level.. Not the NGO but the activity and doc under the UN doc ii)(2) these measures include- nature, scope, and other aspects of freedom of rlg or belief as well as procedural aspects to protect individuals fundamental rights including freedom FROM rlg iii) unresolved questions of weather or not to adopt mandatory treaty based on existing basin hu- man rights iv) Post cold war era shift from violence btw sovgernin states to conflict btw ethic and rlg groups v) Diff of defining ‘rlg’and ‘belief’in leghal terms vi) (3) inclusion of freedom of rlg or belief underArticle 18 UNDHR in addition to freedom of thought and conscience vii) (3) historical decampment of protection of rlg freedom & shift in 18th cen with french revo band sperations of church and state viii) (4) article 22, covenant of the league of nations was precedent for article 18 UNDHR af- ter WWII and difference btw these - first includes indiivusal and collective rlg rights; second emphasize individual rights (4) II. The Legal Meaning of RLG and Belief i) (5) diff in legal defining tern ‘rlg’in the UN documents and as a result adoption of “a cata- logue of rights” and broad inclusion in Article 18 of UNDHR which includes ‘freedom of though, conscience and rlg’ ii) (6) signfiicane of Torcaso v. Watkins case (1961) which broadened legal terms of ‘rlg’beyond theistic definition to include buddhist, Taoist, Ethical, Cultural and Secular Humanistic perspec- tives iii) (6) significance of the United States vs. Seeger (1965) and Welsh v. United States (1970) cas- es - supereme court affirms broad approach to religious diversity and pluralism beyond theistic (i.e. Chirsito and Eurp - Centric) definitions of rlg and forbidding of legal distinctions btw theis- tic beliefs and different religious and forbidding of legal distinction btw theistic beliefs and dif- ferent rlg, cultural beliefs and secular beliefs RLG 309 - November 14 iv) (6) signiifcnae of Malnak v. Yogi (1979) case in defining legal and inclusive use of term ‘rlg’ as ‘belief’addressing fundamental and ultimate questions as being compressive in nature and having ‘formal and external signs (6-7) v) The term belief is broader than that of term rlg and legally defined as ‘conviction of the truth of a proposition, existing subjectively mind and induced by argument, persuasions or proof ad- dressed to the judgement vi) (7) HR laws avoids ‘definition of rlg’but ensures the inclusion of the term ‘belief’ vii) (8) article 18 UN declaration of HR refers to freedom of thought, conscience and rlg - these freedoms not being identical in legal terms (thought and conscience more ‘philosophical rather than legal’term) - what is written down does become law adn therefore should be precise and until the exact meaning is precise in its context ii) Chapter 2 - Freedom of rlg is considered to be a basic right (interpreted in dif ways) and is addressing in article 18, 20, 26, and 27 of the UN 1966 Covenant on civil and political rights (the doc we will look at later) as well asArticle 6 of 1981 (3rd generation rights docu- ments, significant in addressing rights and freedoms, a moral template for many laws in recent decades addressing rlg and belief in the social and political legal sphere) declaration on intoler- ance and discrimination b
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