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American Religious Liberty in International Perspective
- Author(s):
- John Witte, Jr. (see profile)
- Date:
- 2011
- Subject(s):
- Law, Religion
- Item Type:
- Book chapter
- Tag(s):
- First Amendment, International Covenant on Civil and Political Rights, UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Freedom of Conscience, United States Supreme Court, Law and Religion, Religious Liberty, International Human Rights
- Permanent URL:
- http://dx.doi.org/10.17613/rp58-2g35
- Abstract:
- This Article compares First Amendment religious liberty with prevailing international human rights norms on religious freedom, particularly as set out in the 1966 International Covenant on Civil and Political Rights, the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, the 1989 Vienna Concluding Documents. The United States Supreme Court’s cases on freedom of conscience, free exercise of religion, and religious equality and non-discrimination compare favorably to international standards, although the Court’s repeated failure to protect the distinct religious freedom claims of Native American groups falls short. The Supreme Court cases defending the principle of separation of church and state mesh well with international concerns for the rights and autonomy of religious groups, but go beyond international norms in largely removing religious freedom from public education.
- Metadata:
- xml
- Published as:
- Book chapter Show details
- Publisher:
- Oxford University Press
- Pub. Date:
- 2011
- Book Title:
- The Oxford Handbook on Church-State Relations in America
- Author/Editor:
- Derek Davis
- Page Range:
- 404 - 422
- Status:
- Published
- Last Updated:
- 4 years ago
- License:
- All Rights Reserved
- Share this:
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