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Full-Text Articles in Law
Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid
Law Student Publications
The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …
Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin
Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin
Faculty Scholarship
The case of proselytism presents a tangle of competing claims: on the one hand, the rights of proselytizers to free exercise of religion and freedom of speech; on the other hand, the rights of targets of proselytism to change their religion, peacefully to have or maintain a particular religious tradition, and to be free from injury to religious feelings. Clashes between these claims of right are today generating acute tensions in relations between States and peoples, a state of affairs starkly illustrated by the recent Danish cartoons controversy. Irrespective of their resolution in any particular domestic legal system, how should …
The Emergence And Structure Of Religious Freedom In International Law Reconsidered, Peter G. Danchin
The Emergence And Structure Of Religious Freedom In International Law Reconsidered, Peter G. Danchin
Faculty Scholarship
This Article presents a critique of the historical evolution of the right to freedom of religion in international law. In identifying certain conceptual tensions between liberal and value pluralist accounts in the literature, a general theoretical argument is advanced. Beyond standard Enlightenment narratives of individual freedom of conscience, this argument notices a second, more complex narrative of genuine pluralism in the evolving conception of religious freedom in international legal thought. This suggests that there is no simple, but rather a complex mapping of individual toleration in international law and no single path to modernity or to the formation of the …
Suspect Symbols: Value Pluralism As A Theory Of Religious Freedom In International Law, Peter G. Danchin
Suspect Symbols: Value Pluralism As A Theory Of Religious Freedom In International Law, Peter G. Danchin
Faculty Scholarship
The grounds upon which states may limit the freedom to manifest religion or belief are divisive questions in constitutional and international law. The focus of recent inquiry has been on laws which proscribe the wearing of religious symbols in certain aspects of the public sphere, and on the claims more generally to religious and cultural freedom of Muslim minorities in European nation-states. Stepping back from these debates, this Article aims at a more rigorous theoretical treatment of the subject. It asks whether there is a coherent notion of religious freedom in international legal theory and, if not, why not? In …
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong
Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong
Faculty Publications
Oxford University Press has initiated a new series on the European Convention on Human Rights and, in light of recent world events, could not have found a more timely first installment than Carolyn Evans's book on freedom of religion. However, the choice of topics is sound even when one sets aside the current interest in the interplay between law and religion.
The World’S Youngest Political Prisoner, Richard Klein
The World’S Youngest Political Prisoner, Richard Klein
Scholarly Works
Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
Faculty Scholarship
No abstract provided.