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Review Test 2.docx

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Department
Religion
Course Code
RLG100Y1
Professor
Eleanor Pontoriero

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Hillary Rodham Clinton stated ―women`s rights are human rights‖ at
the United Nations Fourth Wolrd Conference on Women in Beijing in
1995.
Since then women`s equality have been considered a fundamental part
of the human rights fabric.
Women`s rights as human rights imply universality, and today`s
women`s rights are widely recognized in both international and national
laws. For example the CEDAW.
Spoke at the 25th Anniversary Commemoration of the adoption of the
1981 UN Declaration on the elimination of intolerance and
discrimination based on religion or belief.
Asma reported on the relevance of the Un declaration on the
elimination of intolerance and discrimination by saying that :
1. the declaration is valid and should be called a comprehensive
historical compromise
2. If we reinitiate a legally binding draft of the un declaration
on elimination of… we need to make sure it is in an
environment that appeals to reason and not emotion.
3. There needs to be a consensus on all the issues -this will be
something hard to tackle. Human rights should not be based
on populist opinion but on principles that govern the better
good.
Article 1, UNDHR refers to the first Article in the Universal Declaration of
Human Rights. This declaration was designed by the United Nations and is
proclaimed by the UN General Assembly. The declaration is meant to
represent recognition of dignity and of the equal and inalienable rights of all
humans to promote a foundation of freedom, justice, and peace in the world.
The United Nations has used the Charter to reaffirm faith in fundamental
human rights with member states pledging themselves to achieve, in co-
operation with the United Nations, the promotion of universal respect for
and observance of human rights and fundamental freedoms. Article 1 states
that ―All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood‖. This article is an expression of the main
goal of the United Nations and the Declaration of Human Rights generally
speaking, to look upon all humans in a free and equal manner and not to
resort to violence against each other.
The separate but equal doctrine is used to justify ―inequality‖ between men
and women as expressed by many religious traditions. Instead of explicitly
stating that men are superior to women, religious institutions create an
illusion of ―separate but equal,‖ arguing that men‘s and women‘s life work
is fundamentally different. This argument is used to rationalize women‘s
inability to become priests in Catholicism, become rabbis in Orthodox
Judaism, and used to state that men have power over women because of
their physical superiority in Islam. This doctrine causes equality to become
an illusion, as it causes women to be disadvantaged based on arguments that
have little moral or logical foundation. (Charlesworth p.40
Legal means permissible by law. Law forms the basis for all human beings
to interact in normal society. There is both a moral and legal perspective to
HR discourse, the beauty of law making and human institutions is the fact
they can be changed in accordance with these moral values. Whereas
religious and spiritual values are the foundation of moral values, the legal
sphere in the arena in which rights are comprised and create the conditions
for which human dignity can be respected.
A term coined by John Rawls in Theory of Justice and developed in
Political Liberalism.
The term refers to how supporters of different comprehensive doctrines can
agree on a specific form of political organization. These doctrines can
include religion, political ideology or morals. However, Rawls is clear that
such political agreement is narrow and focused on justice. This consensus is
reached, in part, by avoiding the deepest arguments in religion and
philosophy.
The overlapping consensus ―depends, in effect, on there being a morally
significant core of commitments common to the ‗reasonable‘ fragment of
each of the main comprehensive doctrines in the community‖.
(i.e. Basic Human Rights)
Cultural Relativism is a concept which describes the relation between a
person and the civilization in which they are living in. The term holds that
culture is not something that is an absolute, is it not the same everywhere
therefore it is relative. Due to this fact it follows that ideas and conceptions
are true only so far as they relate to and are exercised in the specific area.
This view holds that all beliefs, customs, and ethics are relative to the
individual within their own social context. Cultural Relativism holds great
importance in discussions of a common Human Rights initiative as tension
can build between universal values and cultural differences. Ayton-Shenker
writes in his paper the challenges between human rights and cultural
diversity explaining that cultural differences cannot be an excuse for
overriding human rights.
1981 Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief
- proclaimed by the General Assembly November 25, 1981
Article 6: list of acts including act of teaching a religion/belief
In accordance with article I of the present Declaration, and subject to the
provisions of article 1, paragraph 3, the right to freedom of thought,
conscience, religion or belief shall include, inter alia, the following
freedoms:
(a) To worship or assemble in connection with a religion or belief, and to
establish and maintain places for these purposes;
(b) To establish and maintain appropriate charitable or humanitarian
institutions;
(c) To make, acquire and use to an adequate extent the necessary articles
and materials related to the rites or customs of a religion or belief;
(d) To write, issue and disseminate relevant publications in these areas;
(e) To teach a religion or belief in places suitable for these purposes;
(f) To solicit and receive voluntary financial and other contributions from
individuals and institutions;
(g) To train, appoint, elect or designate by succession appropriate leaders
called for by the requirements and standards of any religion or belief;
(h) To observe days of rest and to celebrate holidays and ceremonies in
accordance with the precepts of one's religion or belief;
(i) To establish and maintain communications with individuals and
communities in matters of religion and belief at the national and
international levels.
For a positivist, human rights are based in law, rather than derived from
what ―ought‖ to be. Similarly, Marxism also recognizes rights as those
granted by the state, emphasizing duty to society rather than individuality.
According to Mahoney, rights can be distinguished as being either legal
(those enforced by law, and that can vary by country or jurisdiction
subjective rather than universal) or moral (those that exist independently
from and pre-date legislation, but often provide the reason or basis for
legislation-universal). Amartya Sen goes one step further and defines
human rights as being ethical claims that must remain distinct from
legislated legal rights, while Brian Orend sees the goal of the human rights
movement as being to translate moral values into concrete legal rights.
Essentially, a right is something that one is recognized as being naturally or
legally entitled to.
Considering that as a general term human rights is still constantly changing
and being revised to fit its purpose it is rather hard to simply define human
rights.
Concepts of human rights predates the founding of the united nations in
1945, some ideas found in scholarly philosophical works as early as the
Roman Empire. Even more recently the signing of the Geneva convention
in 1864 there clearly had been ideas about the moral treatment and
wellbeing of a person.
Gearson attempted to define 1st, 2nd, & 3rd generation human rights
1st: Civil and Political Rights Negative Rights Libertarian
Rights
2nd: Social, Economic and Cultural Rights Positive Rights
Claim Rights Equality
3rd: (Also claim rights) International and Global Justice Seed
and Tree MDGs
To simplify the definition it is defined in the dictionary as: A right
that is believed to belong justifiably to every person.
Sufferance: can be defined as the acknowledgment of suffering but the
active tolerance of its presence. In other words, it is not a condition of
ignorance. Instead, it implies the awareness of suffering but without the
determination to act in response. This is a denial of human rights (according
to the first proposition of A.T. Williams which stated that the relief of
suffering is the central and active theme).
The link between the two terms: Sufference and Insufferability
As Williams presented in his article, the law is framed by sufferance rather
than insufferability. Instead of focusing on the relief of suffering, and
treating it as their central and active theme, U.N focuses more on keeping
peace within the house. This is the major challenge or crisis with the United
Nation, which they are unable to solve emergency problems that violate
human rights. This is owing to the function and structure of the U.N. ---
they are constraint by the economy and the interest of the world powers,
meaning that the things that they could do or change are limited. Leading to
another problem, the human rights exist only on paper, instead of reality.
Right to self-determination as an international law has be attributed to
U.S president Woodrow Wilson
Part of his fourteen points and the basis for the League of Nations
Since that time ‗right to self-determination has acquired four different
means
First after World War I it denoted the right to eventual political
independence within confines of The League of Nations of nation-state
that had been part of the Russian, German, Ottoman…empires.
Second, after WW2 the emphasis shifted to the principle of bringing all
colonial situations to an end
Third, in the 1960s right to self-determination extended to peoples
subjected to racist regimes, in this context self-determination signified
the right of such people to participate in the governmental structure of
their country
Fourth, in international law the right to self-determination has extended
to national or ethnic, religious or linguistic communities within a
political society
The right to self-determination has been defined in the 1966
International Covenant on Civil and Political Rights
(Religion and human rights an introduction, page 238)
Religion in a broader sense ―includes forms of belief in the existence of
superior beings exercising power over human beings by volition
imposing rules of conduct with future rewards and punishment‖
All definitions of religion incorporate the existence of a superior being
(God)

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Description
human rights with member states pledging themselves to achieve, in co- operation with the United Nations, the promotion of universal respect for • Hillary Rodham Clinton stated ―women`s rights are human rights‖ at the United Nations Fourth Wolrd Conference on Women in Beijing in and observance of human rights and fundamental freedoms. Article 1 states that ―All human beings are born free and equal in dignity and rights. They 1995. are endowed with reason and conscience and should act towards one • Since then women`s equality have been considered a fundamental part of the human rights fabric. another in a spirit of brotherhood‖. This article is an expression of the main goal of the United Nations and the Declaration of Human Rights generally • Women`s rights as human rights imply universality, and today`s women`s rights are widely recognized in both international and national speaking, to look upon all humans in a free and equal manner and not to laws. For example the CEDAW. resort to violence against each other.  Spoke at the 25th Anniversary Commemoration of the adoption of the The separate but equal doctrine is used to justify ―inequality‖ between men 1981 UN Declaration on the elimination of intolerance and and women as expressed by many religious traditions. Instead of explicitly discrimination based on religion or belief.  Asma reported on the relevance of the Un declaration on the stating that men are superior to women, religious institutions create an illusion of ―separate but equal,‖ arguing that men‘s and women‘s life work elimination of intolerance and discrimination by saying that : is fundamentally different. This argument is used to rationalize women‘s 1. the declaration is valid and should be called a comprehensive historical compromise inability to become priests in Catholicism, become rabbis in Orthodox 2. If we reinitiate a legally binding draft of the un declaration Judaism, and used to state that men have power over women because of on elimination of… we need to make sure it is in an their physical superiority in Islam. This doctrine causes equality to become environment that appeals to reason and not emotion. an illusion, as it causes women to be disadvantaged based on arguments that 3. There needs to be a consensus on all the issues -this will be have little moral or logical foundation. (Charlesworth p.40 something hard to tackle. Human rights should not be based on populist opinion but on principles that govern the better good. Legal means permissible by law. Law forms the basis for all human beings to interact in normal society. There is both a moral and legal perspective to Article 1, UNDHR refers to the first Article in the Universal Declaration of HR discourse, the beauty of law making and human institutions is the fact Human Rights. This declaration was designed by the United Nations and is they can be changed in accordance with these moral values. Whereas proclaimed by the UN General Assembly. The declaration is meant to religious and spiritual values are the foundation of moral values, the legal represent recognition of dignity and of the equal and inalienable rights of all sphere in the arena in which rights are comprised and create the conditions humans to promote a foundation of freedom, justice, and peace in the world. for which human dignity can be respected. The United Nations has used the Charter to reaffirm faith in fundamental Article 6: list of acts including act of teaching a religion/belief In accordance with article I of the present Declaration, and subject to the A term coined by John Rawls in Theory of Justice and developed in provisions of article 1, paragraph 3, the right to freedom of thought, Political Liberalism. conscience, religion or belief shall include, inter alia, the following The term refers to how supporters of different comprehensive doctrines can freedoms: agree on a specific form of political organization. These doctrines can (a) To worship or assemble in connection with a religion or belief, and to include religion, political ideology or morals. However, Rawls is clear that establish and maintain places for these purposes; such political agreement is narrow and focused on justice. This consensus is (b) To establish and maintain appropriate charitable or humanitarian reached, in part, by avoiding the deepest arguments in religion and institutions; philosophy. (c) To make, acquire and use to an adequate extent the necessary articles The overlapping consensus ―depends, in effect, on there being a morally and materials related to the rites or customs of a religion or belief; significant core of commitments common to the ‗reasonable‘ fragment of (d) To write, issue and disseminate relevant publications in these areas; each of the main comprehensive doctrines in the community‖. (e) To teach a religion or belief in places suitable for these purposes; (i.e. Basic Human Rights) (f) To solicit and receive voluntary financial and other contributions from individuals and institutions; (g) To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief; Cultural Relativism is a concept which describes the relation between a (h) To observe days of rest and to celebrate holidays and ceremonies in person and the civilization in which they are living in. The term holds that accordance with the precepts of one's religion or belief; culture is not something that is an absolute, is it not the same everywhere (i) To establish and maintain communications with individuals and therefore it is relative. Due to this fact it follows that ideas and conceptions communities in matters of religion and belief at the national and are true only so far as they relate to and are exercised in the specific area. international levels. This view holds that all beliefs, customs, and ethics are relative to the individual within their own social context. Cultural Relativism holds great importance in discussions of a common Human Rights initiative as tension can build between universal values and cultural differences. Ayton-Shenker writes in his paper the challenges between human rights and cultural For a positivist, human rights are based in law, rather than derived from what ―ought‖ to be. Similarly, Marxism also recognizes rights as those diversity explaining that cultural differences cannot be an excuse for granted by the state, emphasizing duty to society rather than individuality. overriding human rights. According to Mahoney, rights can be distinguished as being either legal (those enforced by law, and that can vary by country or jurisdiction – subjective rather than universal) or moral (those that exist independently from and pre-date legislation, but often provide the reason or basis for 1981 Declaration on the Elimination of All Forms of Intolerance and of legislation-universal). Amartya Sen goes one step further and defines Discrimination Based on Religion or Belief human rights as being ethical claims that must remain distinct from - proclaimed by the General Assembly November 25, 1981 legislated legal rights, while Brian Orend sees the goal of the human rights movement as being to translate moral values into concrete legal rights. Essentially, a right is something that one is recognized as being naturally or peace within the house. This is the major challenge or crisis with the United legally entitled to. Nation, which they are unable to solve emergency problems that violate human rights. This is owing to the function and structure of the U.N. --- they are constraint by the economy and the interest of the world powers, meaning that the things that they could do or change are limited. Leading to Considering that as a general term human rights is still constantly changing another problem, the human rights exist only on paper, instead of reality. and being revised to fit its purpose it is rather hard to simply define human rights. Concepts of human rights predates the founding of the united nations in 1945, some ideas found in scholarly philosophical works as early as the  Right to self-determination as an international law has be attributed to Roman Empire. Even more recently the signing of the Geneva convention U.S president Woodrow Wilson in 1864 there clearly had been ideas about the moral treatment and  Part of his fourteen points and the basis for the League of Nations wellbeing of a person.  Since that time ‗right to self-determination has acquired four different Gearson attempted to define 1st, 2nd, & 3rd generation human rights means  First after World War I it denoted the right to eventual political  1st: Civil and Political Rights – Negative Rights – Libertarian independence within confines of The League of Nations of nation-state Rights that had been part of the Russian, German, Ottoman…empires.  2nd: Social, Economic and Cultural Rights – Positive Rights –  Second, after WW2 the emphasis shifted to the principle of bringing all Claim Rights – Equality colonial situations to an end  3rd: (Also claim rights) International and Global – Justice – Seed  Third, in the 1960s right to self-determination extended to peoples subjected to racist regimes, in this context self-determination signified and Tree – MDGs  To simplify the definition it is defined in the dictionary as: A right the right of such people to participate in the governmental structure of their country that is believed to belong justifiably to every person.  Fourth, in international law the right to self-determination has extended to national or ethnic, religious or linguistic communities within a political society  The right to self-determination has been defined in the 1966 Sufferance: can be defined as the acknowledgment of suffering but the International Covenant on Civil and Political Rights active tolerance of its presence. In other words, it is not a condition of (Religion and human rights an introduction, page 238) ignorance. Instead, it implies the awareness of suffering but without the determination to act in response. This is a denial of human rights (according to the first proposition of A.T. Williams which stated that the relief of suffering is the central and active theme).  Religion in a broader sense ―includes forms of belief in the existence of The link between the two terms: Sufference and Insufferability superior beings exercising power over human beings by volition As Williams presented in his article, the law is framed by sufferance rather imposing rules of conduct with future rewards and punishment‖ than insufferability. Instead of focusing on the relief of suffering, and  All definitions of religion incorporate the existence of a superior being treating it as their central and active theme, U.N focuses more on keeping (God)  Believers are expected to follow the teachings of God as well as  He addressed the issue of ethnic cleansing in Rwanda and ethically express their religion through worship (in a church or other institution) related problems in Algeria  The outer limits of ‗religion‘ are defined by American and other courts  He invited states that he investigated to share legal texts related to (page 6) freedom of belief  In addition, all religions prescribe norms for believers to live by, in  In 1996 divided the violations of religious rights into 6 categories their personal, family and social lives (Nathan Lerner-The Legal Meaning of Religion and Belief) • Article 18 of UDHR States: everyone has the right to freedom of Most crucial provision provided on a global level. Refers to freedom of thought, conscience and religion: this right includes of thought, thought, conscience, and religion. Basic right- includes freedom to change conscience and religion: this right includes freedom to change his religion or belief. This was repeated in the creation of Article 18 of his religion or belief, and freedom, either alone or in community with others in public or private to manifest his religion or belief in teaching practice, ICCPR. worship, and observance. Greatly influenced the text incorporated in 1966 • Text later includes the freedom to have or adopt a religion or belief of his choice. Covenant. Belief incorporated- problem with changing one's religion not all countries agreed. • Text of the Declaration on Religion expresses the freedom to have a religion or whatever belief of his choice, continuing concerns from Religious tolerance synonymous with freedom of conscience Egypt, Iraq, Kuwait, and Saudi Arabia, about this section and the Prevailing assumption in medieval Christendom held that religious unity section of the ICCPR about adopting a religion, is expressed because it was essential to political community - generated violence and wars - each puts too much emphasis on the right to change religion. Those concerns were met in the final text, even though it clearly imports the right to prince would determine the religion of his own realm. change from any one religion to another or to adopt a religion. Proponents of religious toleration resisted this based on 3 rationale Incompetence rationale, voluntariness/futility, the dual jurisdiction rationale Many violent and bloody wars led to religious tolerance but was seriously incomplete many groups were left out Protestants →Originally, the 1981 Declaration on the Elimination of Intolerance and Discrimination Based on Religion or Belief was called the ―Declaration on the Elimination of All Forms of Religious Intolerance‖. However this draft indicated that the word intolerance and discrimination were equivalent. This  Was a special Rapporteur is not the case as discrimination has clear legal meaning and intolerance has  Visited many countries: china, Pakistan, iran, India, Greece, Sudan, been used to describe attitudes that may prompt acts of discrimination or Australia, Germany: Based on these trips he submitted reports with violations of freedoms, as well as manifestations of hate and persecutions. conclusions and recommendations →Article 2 of the 1981 Declaration on the Elimination of Intolerance and  Believed that religious tolerance and non-discrimination must go Discrimination Based on Religion or Belief defines intolerance and together with the achievement of human rights as a whole  His goal was done through education discrimination based on religion or belief as ―any distinction, exclusion,  He established that in certain areas it is difficult to establish a clear restriction, or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, distinction between religious and ethnic conflicts enjoyment, or exercise of human rights and fundamental freedoms on an while genocide includes complete extermination of the target group as part of the goal, ethnic cleansing may involve murder only to the point of equal basis.‖ →The UN‘s definition of discrimination in general is: ―any distinction, mobilizing the target group out of the territory. Hence there may be varied exclusion, restriction or preference based on race, colour, descent, or degrees of mass murder in an ethnic cleansing, often subsiding when the national or ethnic origin which has the purpose or effect of nullifying or target group appears to be leaving the desired territory, while during impairing the recognition, enjoyment or exercise, on an equal footing, of genocide the mass murder is ubiquitous and constant throughout the human rights and fundamental freedoms in the political, economic, social, process, continuing even while the target group tries to flee. cultural or any other field of public life‖. The UN also says discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection. →Article 3 of the 1981 Declaration on the Elimination of Intolerance and Racial Profiling is the use of an individual‘s race or ethnicity by law Discrimination Based on Religion or Belief states that discrimination enforcement personnel or some other people in charge as a key factor in between human beings on the grounds of religion or belief constitutes an deciding whether to engage in a form of enforcement. In many countries and jurisdictions this practice is both controversial and illegal however that affront to human dignity and disavowal of the principles of the Charter of the UN, and shall be condemned as a violation of human rights. does not completely stop the practice from taking place. Within recent →Lerner says in Religion, Secular Beliefs and Human Rights that history, particularly after the events of September 11 in the United States, racial profiling has become much more prevalent amongst middle eastern discrimination is a legal notion. He states that the prohibition of racial discrimination has become a peremptory norm of international law, and the and Muslims within the country. Racial profiling proves to include race, ethnicity, as well as religion. The UN charter explicitly defends equality in trend is to accord the same status to discrimination on religious grounds. order to prohibit acts such as racial profiling. The UN charter, including the Incitement to discrimination, a subsidiary aspect of the prevention of declaration of human rights, demonstrates, promotes equality and this discrimination, is also clearly forbidden. This is opposed to hatred and includes the equal treatment of all humans regardless of such considerations intolerance which are less precise terms→ We prohibit discrimination and included in racial profiling. combat intolerance. Political writer who focused on the dissonnace between human rights and The process or policy of eliminating unwanted ethnic or religious groups by suffering caused by the civil and political generation of rights. This generation of rights was a result of the French and American revolutions. deportation, forcible displacement, mass murder, or by threats of such acts, with the intent of creating a territory inhabited by people of a homogeneous She noted extraordinary ambiguities in these two movements that created a dissonance between human rights and suffering. She noted the distinctions or pure ethnicity, religion, culture, and history. Ethnic cleansing usually involves attempts to remove physical and cultural evidence of the targeted between Rousseau‘s ―repugnance at seeing a fellow creature suffer‖ and the American Revolutions failure to recognize the evil of slavery. These group in the territory through the destruction of homes, social centers, farms, and infrastructure, and by the desecration of monuments, cemeteries, ambiguities were reflective of the weakening connection between suffering and human rights. RR #7 pg. 140 and places of worship. The desired result of ethnic cleansing is similar to that of genocide, but This is a term that describes a pattern of attraction; homosexuality, Freedom of religious choice, if it is to have any value, must also be heterosexuality, bisexuality, asexuality, pansexuality, polysexuality, etc. underpinned by guarantees against non-discrimination among other things Basically, who a person is attracted to classified primarily by gender. on the ground of religion. Even that guarantee is insufficient without In CHAPTER 2 of the Mahoney text sexual orientation is briefly mentioned suitable recognition that certain forms of discrimination should more in a broad spectrum of inclusivity for human rights; in this case in the properly be considered as restrictions on religious choice and altogether United Kingdom when for the first time institutional support was brought impermissible. At the same time, principles of non-discrimination should about by the CEHR (Commission for Equality and Human Rights). not be applied in such a way as to vitiate Article 18 rights, particularly those based on religious choice. • The right to change religion • Drew up from Article 18 of UDHR, which states that everyone has the The condition of being a people or one of a people. It is essentially the right to freedom of thought, conscience and religion: this right includes awareness of the underlying unity that makes the individual a part of a freedom to change his religion or belief. The ICCPR incorporated people. In the context of material covered in course readings, humans are elements from the UNDR, but added the right to freedom to have or born with certain inalienable rights. adopt a religion or belief of his choice. International Human rights conventions and constitutions of countries of the  Religious tolerance synonymous with freedom of conscience world often include protections for the freedom of religion and belief. Such  Prevailing assumption in medieval Christendom held that religious unity was essential to political rights are identified as granting clauses, which identify the scope and breadth of the right. The granting clause for freedom of religion which is  Community - generated violence and wars - each prince would determine the religion of his own realm. found in Article 18 of the 1948 United Declaration of Human Rights  Proponents of religious toleration resisted this based on 3 rationale provides for example that everyone has the right to freedom of thought,  Incompetence rationale, voluntariness/futility, the dual jurisdiction conscience, and religion. This included being able to change your religion, rationale and belief. The relevant granting clause in the 1966 International Covenant  Many violent and bloody wars led to religious tolerance but was on Civil and Political Rights, similarly says the same thing provided in seriously incomplete many groups were left out Protestants Article 18. Constitutions of countries of the world typically contain granting clauses for Non-discrimination even on grounds of religion has the potential to vitiate freedom of religion as well. The German Grundgesetz of 1949 provides in Article 18 rights. For example, an over-simplistic approach to non- Article 4 that Freedom of creed, of conscience, and freedom to profess a discrimination in the employment context would admit no distinctions on religious or non religious faith are inviolable. The undisturbed practice of grounds of religion. Yet it would be perfectly absurd to imagine that for religion is guaranteed. Most constitutions of countries of the world will example, leadership of churches and synagogues must be open to candidates include some type of granting clause related to the freedom of religion. of any religion. These causes typically use broad language that speaks of the inviolability of the freedom to hold religious beliefs or of the right of a person to manifest The United Nations Convention on the Rights of the Child (commonly religion through worship and practice. abbreviated as the CRC, CROC, or UNCRC) is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under a state's own The International Covenant on Economic, Social and Cultural Rights domestic legislation. (ICESCR) is a multilateral treaty adopted by the United Nations General Nations that ratify this convention are bound to it by international law. Assembly on 16 December 1966, and in force from 3 January 1976. It Compliance is monitored by the UN Committee on the Rights of the Child, commits its parties to work toward the granting of economic, social, and which is composed of members from countries around the world. Once a cultural rights (ESCR) to individuals, including labour rights and the right year, the Committee submits a report to the Third Committee of the United to health, the right to education, and the right to an adequate standard of Nations General Assembly, which also hears a statement from the CRC living Chair, and the Assembly adopts a Resolution on the Rights of the Child. The ICESCR is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), including the latter's first and second Optional Protocols The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 61st session at The ICESCR has its roots in the same process that led to the Universal Declaration of Human Rights. A "Declaration on the Essential Rights of UN Headquarters in New York City on 13 September 2007. While as a General Assembly Declaration it is not a legally binding Man" had been proposed at the1945 San Francisco Conference which led to the founding of the United Nations, and the Economic and Social Council instrument under international law, according to a UN press release, it does "represent the dynamic development of international legal norms and it was given the task of drafting it. Early on in the process, the document was split into a declaration setting forth general principles of human rights, and reflects the commitment of the UN's member states to move in certain directions"; the UN describes it as setting "an important standard for the a convention or covenant containing binding commitments. The former evolved into the UDHR and was adopted on 10 December 1948. treatment of indigenous peoples that will undoubtedly be a significant tool Drafting continued on the convention, but there remained significant towards eliminating human rights violations against the planet's 370 million differences between UN members on the relative importance of negative indigenous people and assisting them in combating discrimination and civil and political versus positiveeconomic, social and cultural rights. These marginalisation." The Declaration sets out the individual and collective rights of indigenous eventually caused the convention to be split into two separate covenants, "one to contain civil and political rights and the other to contain economic, peoples, as well as their rights to culture, identity, language, employment, social and cultural rights." The two covenants were to contain as many health, education and other issues. It also "emphasizes the rights of similar provisions as possible, and be opened for signature simultaneously. indigenous peoples to maintain and strengthen their own institutions, Each would also contain an article on the right of all peoples to self- cultures and traditions, and to pursue their development in keeping with determination. their own needs and aspirations". It "prohibits discrimination against indigenous peoples", and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development". The goal of the Declaration is to encourage countries to work alongside indigenous peoples to solve global issues, like development, multicultural democracy and decentralization.  After Tehran, UN expanded its human rights agenda and discrimination against women received major attention  In 1976 Assembly adopted a Declaration on the Elimination of Discrimination Against Women and began working on the Convention The representatives of the participating States of the Conference on  Convention adopted by the Assembly on December 18 1979 – came Security and Co-operation in Europe (CSCE), Austria, Belgium, Bulgaria, into force in 1981  Convention recognizes that discrimination against women still exists Canada, Cyprus, Czechoslovakia, Denmark, Finland, France, the German Democratic Republic, the Federal Republic of Germany, Greece, the Holy  Commits signatories to take appropriate measures to eliminate in fields See, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, of education, employment, healthcare, law and family relations Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino,  Article 17 created a Committee to consider reports from the states Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist regarding implementation Republics, the United Kingdom, the United States of America and  [Taken from The United Nations by Stephen Ryan p35] Yugoslavia met in Vienna from November 4, 1986 to January 17, 1989 in  Recognizes historical connection between women‘s equality in the accordance with the provisions of the Final Act relating to the Follow-Up to public sphere and discriminatory norms, customs and religious laws the Vienna conference, as well as, on the basis of the other relevant CSCE that govern the private sphere. documents.  Discriminatory religious norms about where women stand in society limits a women‘s actual capability for flourishing in the public sphere. The Vienna Concluding Document extends the religious liberty norms of the Declaration on Religion, particularly for religious groups. Article 19 This is one of the central insights of the CEDAW. (or Principle 19) of the Vienna Concluding Document, which calls states to protect and create conditions ―for the promotion of the ethnic, cultural, linguistic and religious identity of national minorities on their territory.‖ Following the resistance to acknowledge collective rights, Article 19 refers This declaration clearly spells out that obligation as entailing measures: to to the exercise of rights by ―persons belonging‖ to minorities, and has protect and encourage conditions for the promotion of the concerned group explicitly references to ―believers, religious faiths... in groups or on an identities of minorities; to afford to minorities the special competence to individual basis‖ and the right ―to maintain contacts and communications, participate effectively in decisions pertinent to the group to which they in their own and other countries.‖ belong; to not discrimination in any way against any person on the basis of his or her group identity; and to take actions to secure any person on the Article 19 of the Vienna Concluding Document states: basis of his or her group identity and to take actions to secure their equal treatment at law. This declaration further provides that: ―States shall take 19. They will protect and create conditions for the promotion of the ethnic, cultural, linguistic and religious identity of national minorities on their measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, territory. They will respect the free exercise of rights by persons belonging to such minorities and ensure their full equality with others. language, religion, traditions and customs, exception where specific practices are in violation of national law and contrary to international standards.‖ So conceived, the right to religious self-determination provides religious groups some of the same strong protections afford to religious religious convictions of the parents; religious instruments; and the rights of individuals under the freedom of conscience guarantee (RH 11). the child in relation to the right to freedom of religion or belief. Article 6 lists which sort of acts fall under the scope of the right to freedom of religion or belief. Article 7 urges states to harmonize their domestic legislation in accordance with the 1981 Declaration so as to guarantee that each individual shall enjoy the rights and freedoms as outlined by the This declaration was the beginning of the elimination of all forms declaration. Article 8 is very important as it is intended to guarantee that the of discrimination – most important instrument of UN. The Declaration on 1981 Declaration shall not be interpreted as lowering the standards provided for by the UN Covenants dealing with the matter. the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief is a declaration adopted by the UN General Assembly on November 25, 1981. Thus, it is not a legally binding instrument, so it does Overall, this declaration is the result of three decades of discussion on not have the same legal effect as a ―convention on the elimination of religious rights, primarily within the Sub-Commission on the Prevention of intolerance and discrimination based on religion or belief‖ would have. Discrimination and Protection of Minorities, and has been considered a Though it is said to lack all forms of legal effect, it does not mean does not major international standard-setting instrument pertaining to the freedom of mean that it was not an important document. It still had effect, due to its religion or belief. They wanted to use this document to ensure compliance with everyone‘s right to freedom of religion or belief world-wide. content and the language of the 1981 Declaration and because of the evolution it has been through since its adoption. The 1981 Declaration has a preamble and 8 articles. They stress Reading: 25 Anniversary Commemoration of the adoption of the 1981 UN that religion of belief is ―one of the fundamental element in his conception Declaration on the elimination of intolerance and discrimination based on of life‖, showing the significance of both respecting and guaranteeing the religion and belief- A Report (Jeroen Temperman) right to freedom of religion or belief in the preamble. The General Assembly believed the ―freedom of religion and belief should also contribute to the attainment of the goals of world peace, social justice and friendship among peoples,‖ which contributes to the message addressed to the UN members that the right to freedom of religion or belief is an  45 states: ―conscience laws‖– allows individual to refuse birth control options if it is contrary to their religious beliefs and morality. exceptionally important right to comply with.  The Weldon Amendment of 2005- denies federal funding to any state What must be noted is that the first article of the declaration that discriminates against an institution that follows conscience laws. outlines the two different aspects of the right to freedom of religion or belief  Conscience laws do not apply to emergency contraception. by demonstrating the difference of 1) the right to have and 2) the right to  Pharmacist controversy providing morning after pills: 4 states say no manifest religion or belief. This links 2 rights as 1) To possess and 2) to due to religious and cultural reasons, and 7 states must give a referral or express. prescribed if asked. Article 2 is the codification of the prohibition of discrimination on  Approx. 20 states are considering legislation to deny prescribing drugs the grounds of religion or belief. Article 3 reiterates that discrimination that are against their cultural and religious beliefs. between human beings on the grounds of religion or belief constitutes ―an affront to human dignity‖ and a breach of various instruments of  Number of states have decided that conscience laws do not apply to emergency contraception, only abortion, sterilization and artificial international law, and such discrimination, moreover, is considered ―an obstacle to friendly and peaceful relations between nations‖ (22). Article 4 insemination. is important because it lists the state obligations in relations to the duty to eliminate religious discrimination. Article 5 contains provisions pertaining to the right to organize the life within a family in accordance with the Emmanuel Levinas was a French Jewish philosopher who lived during the 20th century. He spent most of his live studying ontology and metaphysics, Inviolable rights are rights that should never be broken or infringed upon. which is essentially the nature of existence. He stated that ―suffering is An example of an inviolable right would be the right to life- no one should surely a given in consciousness,‖ which raises the issue of the relativity of have the power to take someone else‘s right of living away. suffering from one person to another. He also references a sense of generality present in universal notions of social and individual suffering, but Even with the modem designation of certain rights as inviolable ( Those argues that it has no virtue. Williams argues that suffering certainly is associated with genocide, torture, certain forms of discrimination, the affected by cultural relativity and that it is not necessarily fundamental to arbitrary taking of life) the reality is that every human right in context is human consciousness. (Williams 137-138) subject to a determination of insufferablity before action in the name of human rights becomes a moral and not legal imperative. The practice of justifying provisions for fundamental human welfare, ―self- evidently‖ excludes arbitrary ―reasons‖ for the use of force, namely Johan Galtung is the founder of the discipline of peace and conflict studies and focuses on the means of peace building on an international level. In exclusive references to the self-interest of the user or knowing and avoidable references to mistaken evidence and argument offered in defense. 1969 he was appointed the world‘s first chair in peace and conflict studies in the United States. He was awarded an alternative peace price in 1986 for Religion and Human rights text pg 144-145 his work in peace and conflict studies. Galtung has developed several influential theories such as the distinction between positive and negative peace, structural violence, theories on conflict and conflict resolution, and the structural theory of imperialism. Galtung also classified a theory based (b. 1921, d. 2002) was an American political philosopher in the liberal on analysis of the United States as a republic and an empire. Much of tradition. His theory of justice as fairness envisions a society of free citizens Galtung‘s motivation is grounded in his experience in Nazi occupied holding equal basic rights cooperating within an egalitarian economic Norway. During this time he was a committed peace mediator and elected to system. His account of political liberalism addresses the legitimate use of continue this form of social service in place of military service. He insisted that the remainder of his social service work be spent in activities relevant political power in a democracy, aiming to show how enduring unity may be achieved despite the diversity of worldviews that free institutions allow. His to peace however he was sent to jail by Norwegain authorities and served six months. While Galtung's academic research is clearly intended to writings on the law of peoples extend these theories to liberal foreign promote peace, he has shifted toward more concrete and constructive peace policy, with the goal of imagining how a peaceful and tolerant international mediation as he has grown older. In 1993, he co-founded TRANSCEND: A order might be possible. Peace Development Environment Network, an organization for conflict Rawls's hopes for a stable liberal society rest on an overlapping consensus. transformation by peaceful means. Since 2004 he has been a member of the Advisory Council of the Committee for a Democratic UN. In an overlapping consensus, citizens support the same basic laws for different reasons. In Rawlsian terms, each citizen supports a political conception of justice for reasons internal to her own comprehensive doctrine. Rawls sees an overlapping consensus as the feasible basis of democratic stability that is the most desirable. Rawls says that an overlapping consensus is stable for the right reasons: each citizen affirms a • Respect for human rights and human dignity is essential in all times and moral doctrine (a liberal conception of justice) for moral reasons (as given places, the UNDR insisted, and must be respected by and for all by their comprehensive doctrine). Abiding by liberal basic laws is not a persons and peoples. citizen's second-best compromise in the face of the power of others, but each citizen's first-best option given their own beliefs. Insufferability: is defined as the acknowledgment that a condition is intolerable and immediate action is required as a consequence. An active A form of manifestation associated with religious choice, which involve response is the only solution, otherwise the condition will not be deemed insufferable. There is an implication of a ―promise‖ to actively respond to conveying the elements of one‘s faith with a view to convincing others of the truth/value of that faith. It is characterized by provision of humanitarian the condition in order to outlaw
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