In the context of a current European court trial, I?m trying to collect some international jurisprudential information.
Apparently the WT instructions about DF?d or DA?d people (involving shunning by relatives and personal friends) can be legally questioned on the basis of the existing laws against religious discrimination.
On the other side, the WT might plead that, since its discipline rules are based on an interpretation of Bible texts, they are protected by the principle of liberty of conscience.
My question is: do you know of decisions by US or other courts on religious discrimination involving UN instructions, such as:
(1) 1948 Universal Declaration of Human Rights, article 18 :
Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his [her] choice.
(2) 1966 International Covenant on Civil and Political Rights, article 18 :
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his [her] choice, and freedom either individually or in community with others and in public or private, to manifest his [her] religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his [her] freedom to have or to adopt a religion or belief of his [her] choice.
3. Freedom to manifest one?s religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians, to ensure the religious and moral education of their children in conformity with their own convictions.
(3) 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, article 4, declaring
that all States [including all sectors of civil society] shall take effective measures to prevent and eliminate discrimination based on religion or belief through:
· Actions in all fields of civil, economic, political, social, cultural life;
· Enacting or rescinding legislation where necessary to prohibit such discrimination;
· Taking all appropriate measures to combat intolerance based on religion or belief.
Cf.
http://www1.umn.edu/humanrts/edumat/studyguides/religion.html
References welcome.
Thanks,
Narkissos