宗教自由作为一项普遍人权的演变:审查1981年《联合国消除基于宗教或信仰原因的一切形式的不容忍和歧视宣言》的作用

D. Davis
{"title":"宗教自由作为一项普遍人权的演变:审查1981年《联合国消除基于宗教或信仰原因的一切形式的不容忍和歧视宣言》的作用","authors":"D. Davis","doi":"10.1163/9789004422933_016","DOIUrl":null,"url":null,"abstract":"I. INTRODUCTION The 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (\"1981 Declaration\" or \"Declaration\")1 is one of the most important documents protecting religious freedom in the international setting. When adopted on November 25, 1981, the Declaration was the culmination of about twenty years of work following the United Nations' mandate on December 7, 1962, to draft such a document. Now, some twenty years after the adoption of the Declaration, it is an appropriate time to consider the Declaration, its aims, its successes and failures, its relationship to the evolution of religious freedom as a modern human right, its relationship to other important international instruments on religious freedom, and its future. Additionally, it is appropriate to assess the status of international religious freedom and what still needs to be done to end religious intolerance and discrimination. Although the Declaration offers broad protections for religious freedom, it takes far more than words on paper to make religious freedom a reality for all peoples of the world. Unfortunately, the persecution of minority or disfavored religions remains a serious problem in many parts of the world today. In China, for example, as part of a widening government campaign to force unregistered religious IMAGE FORMULA5 groups to register or face dissolution, many religious leaders have reportedly been detained for lengthy investigation, and in some cases beaten. In Pakistan, \"Muslim mobs\" have destroyed Christian churches and homes,2 and non-Muslims have received death sentences for comments judged \"blasphemous\" or \"anti-Islamic.\" In Saudi Arabia, the Sunni government continues to prohibit, under penalty of imprisonment, virtually all non-Muslim religious worship. The German government, beginning in 1997, placed the Church of Scientology under surveillance; thus, the government may intercept the church's mail, tap its phones, and infiltrate its meetings.3 The Islamic Sudanese government continues to wage an aggressive war against residents of the southern part of the country, resulting in the bombing of villages, the enslavement of children, and the torture of worshipers, especially Christians.4 In Burma, the government reportedly did nothing to stop recent rioters from attacking mosques and Muslim-owned shops; furthermore, soldiers ordered Muslims to convert to Buddhism or leave the country. France recently passed a controversial \"anti-sect\" bill that targets 173 religious minorities as dangerous threats to domestic peace, with special provisions to disband them for specific kinds of unacceptable behavior.5 In Afghanistan in August 2001, the Taliban regime arrested eight persons, including two graduates of Baylor University, for attempting to convert Muslims to Christianity. These missionaries were tried for their crime and, while awaiting the judge's decision, were abandoned in the desert (a release of sorts) by Taliban officials on the run from IMAGE FORMULA7 the capital city of Kabul during the American-led war on terrorism.6 Lastly, in the United States, the U.S. Supreme Court has established low standards of protection for unpopular religious minorities.7 Moving to even more intractable problems, cultures of religious violence fortified by ancient hatred, like that in the Balkans, are found on every continent in countries large and small, industrialized and impoverished. Questions about religious-political stability may be asked about nations as diverse as Ireland, Kashmir, Sri Lanka, the Indonesian country of East Timor, and countless other places where decades, even centuries, of religious persecution have established seemingly insurmountable obstacles to the maintenance of social order. In the twentieth century alone, by some estimates, as many as 170 million human beings were the innocent victims of ethnic cleansing. …","PeriodicalId":142428,"journal":{"name":"BYU Law Review","volume":"2 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"29","resultStr":"{\"title\":\"The Evolution of Religious Freedom as a Universal Human Right: Examining the Role of the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief\",\"authors\":\"D. Davis\",\"doi\":\"10.1163/9789004422933_016\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"I. INTRODUCTION The 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (\\\"1981 Declaration\\\" or \\\"Declaration\\\")1 is one of the most important documents protecting religious freedom in the international setting. When adopted on November 25, 1981, the Declaration was the culmination of about twenty years of work following the United Nations' mandate on December 7, 1962, to draft such a document. Now, some twenty years after the adoption of the Declaration, it is an appropriate time to consider the Declaration, its aims, its successes and failures, its relationship to the evolution of religious freedom as a modern human right, its relationship to other important international instruments on religious freedom, and its future. Additionally, it is appropriate to assess the status of international religious freedom and what still needs to be done to end religious intolerance and discrimination. Although the Declaration offers broad protections for religious freedom, it takes far more than words on paper to make religious freedom a reality for all peoples of the world. Unfortunately, the persecution of minority or disfavored religions remains a serious problem in many parts of the world today. In China, for example, as part of a widening government campaign to force unregistered religious IMAGE FORMULA5 groups to register or face dissolution, many religious leaders have reportedly been detained for lengthy investigation, and in some cases beaten. In Pakistan, \\\"Muslim mobs\\\" have destroyed Christian churches and homes,2 and non-Muslims have received death sentences for comments judged \\\"blasphemous\\\" or \\\"anti-Islamic.\\\" In Saudi Arabia, the Sunni government continues to prohibit, under penalty of imprisonment, virtually all non-Muslim religious worship. The German government, beginning in 1997, placed the Church of Scientology under surveillance; thus, the government may intercept the church's mail, tap its phones, and infiltrate its meetings.3 The Islamic Sudanese government continues to wage an aggressive war against residents of the southern part of the country, resulting in the bombing of villages, the enslavement of children, and the torture of worshipers, especially Christians.4 In Burma, the government reportedly did nothing to stop recent rioters from attacking mosques and Muslim-owned shops; furthermore, soldiers ordered Muslims to convert to Buddhism or leave the country. France recently passed a controversial \\\"anti-sect\\\" bill that targets 173 religious minorities as dangerous threats to domestic peace, with special provisions to disband them for specific kinds of unacceptable behavior.5 In Afghanistan in August 2001, the Taliban regime arrested eight persons, including two graduates of Baylor University, for attempting to convert Muslims to Christianity. These missionaries were tried for their crime and, while awaiting the judge's decision, were abandoned in the desert (a release of sorts) by Taliban officials on the run from IMAGE FORMULA7 the capital city of Kabul during the American-led war on terrorism.6 Lastly, in the United States, the U.S. Supreme Court has established low standards of protection for unpopular religious minorities.7 Moving to even more intractable problems, cultures of religious violence fortified by ancient hatred, like that in the Balkans, are found on every continent in countries large and small, industrialized and impoverished. Questions about religious-political stability may be asked about nations as diverse as Ireland, Kashmir, Sri Lanka, the Indonesian country of East Timor, and countless other places where decades, even centuries, of religious persecution have established seemingly insurmountable obstacles to the maintenance of social order. In the twentieth century alone, by some estimates, as many as 170 million human beings were the innocent victims of ethnic cleansing. …\",\"PeriodicalId\":142428,\"journal\":{\"name\":\"BYU Law Review\",\"volume\":\"2 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"29\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"BYU Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/9789004422933_016\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"BYU Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/9789004422933_016","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 29

摘要

1981年《联合国消除基于宗教或信仰原因的一切形式的不容忍和歧视宣言》(“1981年宣言”或“宣言”)是在国际环境中保护宗教自由的最重要文件之一。《宣言》于1981年11月25日通过,是联合国于1962年12月7日受命起草这样一份文件后大约20年工作的高潮。现在,在《宣言》通过约二十年后,正是考虑《宣言》的适当时机,它的目标、成功和失败,它与宗教自由作为一项现代人权的演变的关系,它与其他重要的宗教自由国际文书的关系,以及它的未来。此外,还应评估国际宗教自由的现状以及为结束宗教不容忍和歧视仍需做些什么。尽管《宣言》对宗教自由提供了广泛的保护,但要使世界各国人民的宗教自由成为现实,还需要远远超过纸上的文字。不幸的是,迫害少数或不受欢迎的宗教在当今世界许多地方仍然是一个严重的问题。例如,在中国,作为政府不断扩大的强迫未登记宗教团体注册或面临解散的运动的一部分,据报道,许多宗教领袖被拘留进行长时间调查,在某些情况下遭到殴打。在巴基斯坦,“穆斯林暴徒”摧毁了基督教教堂和家园,非穆斯林因发表“亵渎”或“反伊斯兰”的言论而被判处死刑。在沙特阿拉伯,逊尼派政府继续禁止几乎所有非穆斯林的宗教崇拜,违者处以监禁。德国政府从1997年开始监视山达基教会;因此,政府可以拦截教会的邮件,窃听其电话,并渗透其会议伊斯兰苏丹政府继续对该国南部的居民发动侵略战争,导致村庄被轰炸,儿童被奴役,礼拜者,特别是基督徒遭受酷刑。4在缅甸,据报道政府没有采取任何措施阻止最近的暴徒袭击清真寺和穆斯林拥有的商店;此外,士兵命令穆斯林皈依佛教或离开这个国家。法国最近通过了一项有争议的“反教派”法案,该法案将173个宗教少数派视为对国内和平的危险威胁,并特别规定,如果他们有某些不可接受的行为,就将其解散2001年8月,塔利班政权在阿富汗逮捕了8人,其中包括两名贝勒大学的毕业生,原因是他们试图使穆斯林改信基督教。在美国领导的反恐战争期间,这些传教士因其罪行而受到审判,在等待法官判决期间,他们被逃离首都喀布尔的塔利班官员遗弃在沙漠中(这算是一种释放)最后,在美国,美国最高法院为不受欢迎的宗教少数群体制定了低保护标准至于更棘手的问题,由古老的仇恨所强化的宗教暴力文化,就像在巴尔干那样,在各大洲的大小国家、工业化国家和贫困国家都可以找到。在爱尔兰、克什米尔、斯里兰卡、印度尼西亚的东帝汶以及无数其他地方,人们可能会问到宗教政治稳定的问题,在这些地方,几十年甚至几个世纪的宗教迫害给维持社会秩序造成了看似不可逾越的障碍。据一些人估计,仅在二十世纪,就有多达1.7亿人成为种族清洗的无辜受害者。…
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
The Evolution of Religious Freedom as a Universal Human Right: Examining the Role of the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
I. INTRODUCTION The 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief ("1981 Declaration" or "Declaration")1 is one of the most important documents protecting religious freedom in the international setting. When adopted on November 25, 1981, the Declaration was the culmination of about twenty years of work following the United Nations' mandate on December 7, 1962, to draft such a document. Now, some twenty years after the adoption of the Declaration, it is an appropriate time to consider the Declaration, its aims, its successes and failures, its relationship to the evolution of religious freedom as a modern human right, its relationship to other important international instruments on religious freedom, and its future. Additionally, it is appropriate to assess the status of international religious freedom and what still needs to be done to end religious intolerance and discrimination. Although the Declaration offers broad protections for religious freedom, it takes far more than words on paper to make religious freedom a reality for all peoples of the world. Unfortunately, the persecution of minority or disfavored religions remains a serious problem in many parts of the world today. In China, for example, as part of a widening government campaign to force unregistered religious IMAGE FORMULA5 groups to register or face dissolution, many religious leaders have reportedly been detained for lengthy investigation, and in some cases beaten. In Pakistan, "Muslim mobs" have destroyed Christian churches and homes,2 and non-Muslims have received death sentences for comments judged "blasphemous" or "anti-Islamic." In Saudi Arabia, the Sunni government continues to prohibit, under penalty of imprisonment, virtually all non-Muslim religious worship. The German government, beginning in 1997, placed the Church of Scientology under surveillance; thus, the government may intercept the church's mail, tap its phones, and infiltrate its meetings.3 The Islamic Sudanese government continues to wage an aggressive war against residents of the southern part of the country, resulting in the bombing of villages, the enslavement of children, and the torture of worshipers, especially Christians.4 In Burma, the government reportedly did nothing to stop recent rioters from attacking mosques and Muslim-owned shops; furthermore, soldiers ordered Muslims to convert to Buddhism or leave the country. France recently passed a controversial "anti-sect" bill that targets 173 religious minorities as dangerous threats to domestic peace, with special provisions to disband them for specific kinds of unacceptable behavior.5 In Afghanistan in August 2001, the Taliban regime arrested eight persons, including two graduates of Baylor University, for attempting to convert Muslims to Christianity. These missionaries were tried for their crime and, while awaiting the judge's decision, were abandoned in the desert (a release of sorts) by Taliban officials on the run from IMAGE FORMULA7 the capital city of Kabul during the American-led war on terrorism.6 Lastly, in the United States, the U.S. Supreme Court has established low standards of protection for unpopular religious minorities.7 Moving to even more intractable problems, cultures of religious violence fortified by ancient hatred, like that in the Balkans, are found on every continent in countries large and small, industrialized and impoverished. Questions about religious-political stability may be asked about nations as diverse as Ireland, Kashmir, Sri Lanka, the Indonesian country of East Timor, and countless other places where decades, even centuries, of religious persecution have established seemingly insurmountable obstacles to the maintenance of social order. In the twentieth century alone, by some estimates, as many as 170 million human beings were the innocent victims of ethnic cleansing. …
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
期刊最新文献
Gay Rights, Religious Liberty, and the Misleading Racism Analogy Triangulating Public Meaning: Corpus Linguistics, Immersion, and the Constitutional Record Working Without a Net: Supreme Court Decision Making as Performance Why Religious Freedom? Why the Religiously Committed, the Religiously Indifferent and Those Hostile to Religion Should Care A Lawyer's Introduction to Meaning in the Framework of Corpus Linguistics
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1