RELG 4: Post-UDHR Developments

UDHR: Rights & Religion

Postwar Developments

The Universal Declaration of Human Rights (UDHR), adopted in 1948, marked a pivotal moment in the recognition of fundamental human rights, including religious freedom. The postwar era saw significant debates and developments in the drafting and interpretation of rights related to religion, influenced by global political dynamics and evolving international norms.

Major Debates in Drafting UDHR Articles on Religion and Rights

Foundations of Human Rights

• Philosophical and Religious Foundations: Drafters debated whether rights were endowed "by nature" or by a divine source, reflecting diverse philosophical and religious perspectives.

• The God Question: Some constitutional documents referenced God explicitly (e.g., Algeria, Ireland, Indonesia, Canada), while the UDHR ultimately adopted a secular language to accommodate global diversity.

• Article 1 UDHR: "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."

Additional info: The lack of consensus on the deep foundations of rights led to a pragmatic approach in the UDHR, focusing on universal principles rather than specific religious or philosophical justifications.

Freedom of Thought, Conscience, and Religion

• Article 18 UDHR: Guarantees the right to freedom of thought, conscience, and religion, including the freedom to change one's religion or belief and to manifest it in teaching, practice, worship, and observance.

• Debates: Concerns arose about privileging missionary religions and justifying aggressive proselytization. Some religious laws conflicted with the right to change religion.

International Covenant on Civil and Political Rights (ICCPR) Article 18:

• Expands on UDHR Article 18, specifying that no one shall be subject to coercion impairing their freedom to have or adopt a religion or belief of their choice.

• Allows limitations on the manifestation of religion or belief only as prescribed by law and necessary to protect public safety, order, health, morals, or the fundamental rights and freedoms of others.

Freedom of Speech and Hate Speech

• Debate: Whether freedom of speech should be unrestricted, especially regarding advocacy of religious contempt or hatred.

• ICCPR Article 20: Prohibits propaganda for war and advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence.

Balancing Rights Claims

• Non-Discrimination: UDHR entitles everyone to rights and freedoms without distinction of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

• Limitations: Article 29 UDHR allows limitations on rights only as determined by law for the purpose of securing recognition and respect for the rights and freedoms of others and meeting the requirements of morality, public order, and general welfare in a democratic society.

Religion, Gender, Marriage, and Family

Marriage Rights

• UDHR: Men and women of full age, without limitation due to race, nationality, or religion, have the right to marry and found a family, with equal rights during marriage and at its dissolution.

• Consent: Marriage shall be entered into only with the free and full consent of the intending spouses.

• Family: The family is recognized as the natural and fundamental group unit of society, entitled to protection by society and the state.

ICCPR Article 23: Reinforces the right to marry and found a family, emphasizing protection and equality for spouses.

Religion and Education

Educational Rights

• UDHR: Education should promote the full development of the human personality and strengthen respect for human rights and fundamental freedoms, fostering understanding, tolerance, and friendship among all nations and religious groups.

• Parental Rights: Parents have a prior right to choose the kind of education given to their children.

International Covenant on Economic, Social and Cultural Rights (ICESCR):

• States recognize the right to education directed to the full development of the human personality and dignity, enabling effective participation in society and promoting tolerance among all groups.

• States must respect the liberty of parents and guardians to choose schools and ensure religious and moral education in conformity with their convictions.

Rights of Religious Minorities

Protection of Minority Rights

• Original UDHR Draft: Included articles specifically protecting the rights of religious minorities to establish schools and cultural institutions, and to express their beliefs publicly.

• ICCPR Article 27: Persons belonging to ethnic, religious, or linguistic minorities shall not be denied the right, in community with others, to enjoy their culture, profess and practice their religion, or use their language.

Post-UDHR Developments

Advancing International Religious Freedom

• 1959 UN Study: Highlighted the need for a more detailed list of key components of religious freedom to better identify violations in diverse contexts.

• 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief: Expanded protections for religious freedom, including institutional rights and educational provisions, but omitted explicit mention of the right to change religion.

Specific Religious Rights Provisions (1981 Declaration)

• Right to worship or assemble and maintain places for these purposes

• Right to establish and maintain charitable or humanitarian institutions

• Right to use necessary articles and materials for religious rites or customs

• Right to disseminate publications and teach religion

• Right to receive voluntary contributions and appoint leaders

• Right to observe days of rest, holidays, and ceremonies

Omissions and Ongoing Debates

• Omissions include provisions on marriage, family, burial, taxation, state support, sacred languages, public holidays, employment, and best interests of the child.

• Ongoing debates focus on foundations, freedom to change religion, hate speech, conflicts of rights (gender/sexual orientation), marriage/family, education, rights of minorities, manifestations of religion, institutional dimensions, and enforcement.

Politicization of Rights During the Cold War Era (1945-1990)

Ideological Battles and Human Rights

• UDHR as a Political Tool: Used as a cudgel in ideological battles during the Cold War.

• Western Bloc: Supported civil and political rights.

• Marxist Bloc: Emphasized social and economic rights.

• Non-Aligned Movement: Advocated for collective and minority rights.

Key International Human Rights Instruments

Instrument	Year	Main Focus
International Covenant on Civil and Political Rights (ICCPR)	1966	Civil and political rights, including religious freedom
International Covenant on Economic, Social and Cultural Rights (ICESCR)	1966	Social, economic, and cultural rights
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief	1981	Religious freedom and protection from discrimination
Convention on the Rights of the Child	1989	Children's rights, including religious and moral education
Vienna Declaration	1993	Comprehensive human rights framework

UNESCO Commentary (1948)

Philosophical Diversity and Human Rights

• Jacques Maritain: Emphasized the challenge of accommodating diverse philosophical and religious perspectives in the foundations of human rights.

• Highlighted the inevitability of expanding rights claims (e.g., social and economic rights) and the need for pragmatic consensus.

Summary Table: Areas of Ongoing Debate

Debate Area	Key Issues
Foundations	Philosophical/religious basis of rights
Freedom to Change	Right to change religion, implications for missionary activity
Speech/Hate Speech	Limits on advocacy, incitement, and religious contempt
Conflicts of Rights	Gender, sexual orientation, marriage, family
Education	Religious education, parental rights
Minority Rights	Protection of religious minorities
Manifestations	Institutional and communal dimensions
Implementation	Enforcement and practical realization of rights

Conclusion

The evolution of international human rights instruments since the UDHR reflects ongoing debates about the foundations, scope, and limitations of religious freedom. These debates are shaped by philosophical diversity, political context, and the need to balance individual rights with collective interests and social order.