Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- African Art (1)
- Art Market (1)
- Black Lives Matter (1)
- Church autonomy (1)
- Cultural Heritage (1)
-
- Decolonization (1)
- Ethics (1)
- HEAR (1)
- Human rights (1)
- International human rights (1)
- International religious liberty (1)
- Museum (1)
- NAGPRA (1)
- NSPA (1)
- Our Lady of Guadalupe School v. Morrissey-Berru (1)
- Pavez v. Chile (1)
- Religious autonomy (1)
- Religious education (1)
- Religious freedom (1)
- Repatriation (1)
- Restitution (1)
- UNESCO (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney
Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney
Catholic University Law Review
How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …
Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart
Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart
Catholic University Law Review
The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for “decolonization” of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment analyzes why the current U.S. cultural heritage law framework does not accommodate colonial-era African artifacts. This is due to few of these artifacts being subject to legal claims under current laws, African artifacts not having protection as a special classification, and the lack of enforcement mechanisms in …