Brigham Young University Law Review

The 'Direct' Financing of Religious Minorities in Spain

In Spain, the launch of the Foundation for Pluralism and Coexistence (the Foundation) entails an entirely new experience and utilizes a new instrumentality -- that of a private religious foundation in the public sector -- in an as yet untried venture not only in Spain's legal system, but also in similar systems around the world. Because the Foundation receives public funding that will be directly channeled to religious groups, it is unlike any other Spanish foundation. Nonetheless, the Founda...

Time for a Treaty? The Legal Sufficiency of the Declaration On the Elimination of All Forms of Intolerance and Discrimination

Religious freedom is one element of human rights that has received considerable attention in international forum. Some scholars and diplomats believe that the current resolutions have legal sufficiency to protect religious freedoms. An analysis of the resolutions already in force, and in particular, of The Declaration on the Elimination of All Forms of Intolerance and Discrimination, reveals that the 1981 Declaration may already have some legal effect to require member nations to protect reli...

Problematic Issues Concerning the Freedom of Association and Group/Collective Rights in the Republic of Armenia

This article discusses the right to freedom of association and describes the issues that the Armenia needs to address in order to harmonize Armenian laws with recent amendments to the Constitution for the Republic of Armenia (Constitution) and with existing international standards. Furthermore, this article also describes issues resulting from the practices of various religious organizations in Armenia. These issues are typically centered on: 1. the rights of religious organizations, 2. the i...

The Globalization of Human Rights and the Socialization of Human Rights Norms

The promotion of human rights norms throughout the world by the acceptance of declarations, treaties, trade agreements, and world opinion is very important for holding nations accountable in the global community. This article begins by discussing the theoretical framework for socialization of human rights norms in a society, focusing particularly on Risse, Ropp, and Sikkink's influential work, The Power of Human Rights: Institutional Norms and Domestic Change, and its phases of socialization....

Mexican Legislation On Religion and the 1981 Declaration On Intolerance and Discrimination

This article provides a background of the international and Mexican laws that set forth principles of religious freedom and highlights some areas of Mexican law that conflict with these principles. Part II of this Article gives a brief introduction to the nature and history of international religious freedom. Part III then explores some areas of Mexican law that unnecessarily restrict religious freedom in light of international standards and the Mexican Constitution. In light of the principle...

Religious Accommodation in Japan

Religious accommodation refers to government laws or policies that have the purpose and effect of removing a burden on, or facilitating the exercise of, a person's or an institution's religion. The 1981 United Nations Declaration on Religious Tolerance and Non-Discrimination seems to have had little legal effect on the protection of religious liberty in Japan. No provision in Japan today clearly requires the government to exempt religious practices from general applicable laws. Whether or not...

Keynote Address: After Twenty-Five Years

Twenty-five years have passed since the passage of the 1981 Declaration, and it is important to celebrate the event. One of the keys to a happy life is to go where your are celebrated, not simply tolerated. And moreover, it is the optimists who celebrate -- pessimists commemorate. Whether you get to the concept of choice as a rational person, thinking post-enlightenment thoughts, or as someone embracing the theological construct of free will, choice creates respect for one another, and respec...

Legal Aspects of Church-State Relations in Post-Revolutionary Georgia

Since gaining independence, Georgia has passed through many radical political and economic changes. Thus, Georgian society is accustomed to various reforms, particularly reforms in the legal field, as a part of ordinary life. However, despite this familiarity with reforming political, economic, and legal systems, the universally recognized values promoted by these reforms have not vet become deeply rooted in the mentality of Georgian citizens. This Article addresses the importance of properly...

Racial Classification and the Flawed Pursuit of Diversity: How Phantom Minorities Threaten 'Critical Mass' Justification in Higher Education

This article argues that a clearer method to determine who qualifies as an ethnic minority is necessary in order for affirmative action to survive stringent, narrow tailoring requirements and enjoy continued implementation in institutions of higher learning. The lack of scrutiny on minority status undermines the legitimacy of critical mass rationale and seriously threatens the constitutionality of affirmative action itself. In order to legitimize the pursuit of a critical mass, programs that ...

Tolerance and Religious Freedom: The Struggle in Peru to Tolerate Multiple Cultures in Light of Principles of Religious Freedom

This Article explains how legal authorities can improve their ability to incorporate the tenets of the 1981 Declaration and learn to love well, specifically in dealing with the wide variety of cultures within their population. Tolerance consists of more than indifference and apathy towards a group of people; it is an active, loving state, based on the combined principles of understanding, humility, and generosity. Accordingly, tolerance means more than merely directing a positivist creed towa...

Minority Rights in Turkey

This Article discusses the status of religious minorities in Turkey and reforms undertaken by the country to move towards European Union entry. This Article sets forth the history of religious freedom in Turkey. It also introduces the internal governing documents with provisions on religious freedom, including Turkey's Constitution and the Treaty of Lausanne, as well as international documents such as the Universal Declaration of Human Rights, the 1981 Declaration on the Elimination of All Fo...