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Ence of Religious Liberty International Association for the Defence of Religious Liberty Conscience and Liberty Special Edition Volume I WORLDWIDE HUMAN RIGHTS AND RELIGIOUS LIBERTY A NEW EQUILIBRIUM OR NEW CHALLENGES Two anniversaries: 313-2013 - 1700 years since the Edict of Milan 1948-2013 - 65 years of the journal C & L Bern, Switzerland 2 INTERNATIONAL ASSOCIATION FOR THE DEFENCE OF RELIGIOUS LIBERTY A non-governmental organisation granted with consultative status at the United Nations in Geneva, New York and Vienna, the European Parliament in Strasbourg and Brussels, the Council of Europe in Strasbourg, and the Organization for Security and Cooperation in Europe ADMINISTRATIVE HEADQUARTERS Schosshaldenstr. 17, CH 3006 Bern, Switzerland Tel. +41 (0) 31 359 15 31 - Fax +41 (0) 31 359 15 66 Email: [email protected] - [email protected] Website: www.aidlr.org Chair: Bruno VERTALLIER Secretary General: Liviu OLTEANU, lawyer, Observer Permanent Representative to the United Nations in Geneva, New York and Vienna, Permanent Representative to the EP in Strasbourg and Brussels, principle spokesperson at the COE in Strasbourg and at the OSCE. HONORARY COMMITTEE Chairperson: Mrs Mary ROBINSON, former United Nations High-Commissioner for Human Rights and former President of the Irish Republic; Ireland. MEMBERS Jean BAUBÉROT, university professor, honorary President of the Ecole Pratique des Hautes Etudes at the Sorbonne, France Beverly Bert BEACH, former Secretary General Emeritus of the International Religious Liberty Association, United States Francois BELLANGER, university professor, Switzerland Heiner BIELEFELDT, UN Special Rapporteur on Freedom of Religion and Belief, professor of human rights at the University of Erlangen Nuremberg, Germany Reinder BRUINSMA, writer, university professor, Netherlands Jaime CONTRERAS, university professor, Spain Alberto DE LA HERA, former Director General of Religious Affairs, Ministry of Justice, Spain Petru DUMITRIU, Ambassador and Permanent Delegate of the Council of Europe to the United Nations, Switzerland W. Cole DURHAM, Director of the International Centre for the Study of Law and Religion at J. Clark Law School, Brigham Young University, United States Silvio FERRARI, university professor, Italy Alain GARAY, lawyer at the Court of Paris and researcher at the University of Aix-Marseille, France 3 John GRAZ, Secretary General of the International Religious Liberty Association, United States Alberto F. GUAITA, President of the IADLR, Spain Peter HESS, former secretary of the Swiss section of the IADLR, Switzerland José ITURMENDI, Honorary Dean of the Faculty of Law, Complutense University of Madrid, Spain Joaquin MANTECON, university professor, former Director of Religious Affairs, Ministry of Justice, Spain Francesco MARGIOTTA BROGLIO, university professor, President of the Italian Commis- sion for Religious Freedom, Representative of Italy to UNESCO, Italy Mrs Rosa Maria MARTINEZ DE CODES, university professor, Spain Juan Antonio MARTINEZ MUÑOZ, university professor, Spain Javier MARTINEZ TORRON, university professor, Spain Rafael PALOMINO, university professor, Spain Émile POULAT, university professor, research director at CNRS, France Jacques ROBERT, university professor, former member of the Constitutional Council, France John ROCHE, member of the Institute, France Jaime ROSSELL GRANADOS, Dean of the Faculty of Law, University of Extremadura, Spain Gianfranco ROSSI, former Secretary General of the IADLR, Switzerland Robert SEIPLE, former Ambassador of International Religious Freedom in U.S. Department of State, United States Jose Miguel Serrano RUIZ- CALDERON, university professor, Spain Mohammed TALBI, university professor, Tunisia Rik TORFS, Rector of the University of Leuven, Belgium Maurice VERFAILLIE, former Secretary General of the IADLR, Switzerland FORMER CHAIRPERSONS OF THE COMMITTEE Mrs Franklin ROOSEVELT, 1946 to 1962 Dr. Albert SCHWEITZER, 1962 to 1995 Paul Henry SPAAK, 1966 to 1972 René CASSIN, 1972 to 1976 Edgar FAURE, 1976 to 1988 Leopold Sédar SENGHOR, 1988 to 2001 FORMER SECRETARIES GENERAL OF IADRL Dr. Jean Nussbaum Dr. Pierre Lanarès Dr. Gianfranco Rossi Dr. Maurice Verfaillie Mr. Karel Nowak 4 DECLARATION OF PRINCIPLES We believe that religious liberty is a God-given right, and hold that it is best exer- cised where separation is maintained between church and state. We believe that legislation and other governmental acts which unite church and state are opposed to the best interests of both institutions and are potentially prejudicial to human rights. We believe that public authorities are divinely ordained to support and protect cit- izens in their enjoyment of natural rights, and to rule in civil affairs; in this realm public authorities warrant respectful obedience and willing support. We believe in the natural and inalienable right of freedom of thought, conscience and religion; this right shall include freedom to have or to adopt a religion or belief of one’s choice; to change religious belief according to conscience; to manifest one’s religion or belief either individually or in community with others and in public or private, in worship, obser- vance, practice and teaching – subject only to respect for the equivalent rights of others. We believe that religious liberty also includes the freedom to establish and operate appropriate charitable, humanitarian or educational institutions, to solicit or receive volun- tary financial contributions, to observe days of rest and celebrate holidays in accordance with the precepts of one’s religion, and to maintain communication with those who share the same beliefs, individually or collectively in organized communities at national and international levels. We believe that religious liberty and the elimination of intolerance and discrimina- tion based on religion or belief are essential in the promotion of understanding and peace among peoples. We believe that citizens should use lawful and honorable means to prevent the re- duction of religious liberty, so that all may enjoy the recognition of their freedom of con- science. We believe that fundamental freedom is epitomized in the Golden Rule, which teaches that every human being should do to others as he would have others do to him. 5 CONSCIENCE AND LIBERTY Official publication of the International Association for the Defence of Religious Liberty Conscience et Liberté (French version) – Gewissen und Freiheit (German version) EDITORIAL OFFICE Schosshaldenstrasse 17, CH-3006 Bern, Switzerland Telephone: +41 (0) 31 359 15 31 Fax: +41 (0) 31 359 15 66 Email: [email protected]; [email protected] Managing Editor: Liviu OLTEANU Editorial Assistant (English edition): Laurence NAGY Proofreading (English edition): Shelley Kuehl EDITORIAL COMMITTEE Harald MUELLER, Judge, Doctor of Law; Germany Liviu OLTEANU, lawyer, human rights and religious freedom expert, PhD in Law cand. ; Switzerland Ioan Gheorghe ROTARU, jurist, Doctor of Philosophy and Doctor of "eology; Romania Tiziano RIMOLDI, Rector of university, Doctor of Law, Italy COUNCIL OF EXPERTS Heiner BIELEFELDT, UN Special Rapporteur on Freedom of Religion and Belief, professor of human rights at the University of Erlangen Nuremberg, Germany - Michele BRUNELLI, professor at the University of Bergamo, UNESCO Chair, Italy - Jaime CONTRERAS, Vice-Rector of the University of Alcala de Henares, Spain - Ganoune DIOP, Director of Relations to the United Nations in New York and Geneva, associate director of the IRLA, university professor, USA - Petru DUMITRIU, Ambassador, Permanent Delegate of the Council of Europe to the United Nations in Geneva, Switzerland - W. Cole DURHAM, Director of the International Centre for the Study of Law and Religion at Brigham Young University, USA - Silvio FERRARI, Professor of Law and Religion at the University of Milan, Italy - John GRAZ, Doctor of Religious History, Secretary General of the IRLA, USA - Sofia LEMMETYINEN, independent consultant on the question of religions and beliefs in the context of the foreign policy of the EU, Brussels, Belgium - Dwayne O. LESLIE, lawyer, USA - Joaquin MANTECON, professor at the University of Cantabria, Spain - Rosa Maria MARTINEZ DE CODES, professor at the Complutense University, Madrid, Spain – Juan Antonio MARTINEZ MUÑOZ, professor of Law at the Complutense University, Madrid, Spain - Javier MARTINEZ TORRON, Director of the department 6 of ecclesiastical law of the Complutense University of Madrid, Spain - Gabriel MAURER, vice president of IADRL, Switzerland - Harald MUELLER, judge, doctor of law, Hannover, Germany - Liviu OLTEANU, Secretary General IADRL, lawyer - Rafael PALOMINO, professor at the Complutense University, Madrid, Spain - Tiziano RIMOLDI, Doctor of Law, Italy - Ioan Gheorghe ROTARU, lawyer, Doctor of Philosophy and Doctor of "eology, Romania - Jaime ROSSEL GRANADOS, Dean of the faculty of Law at the University of Extremadura, Spain - Robert SEIPLE, former Ambassador at Large for International Religious Freedom at the U.S. State Department, President of the IRLA, USA - José Miguel SERRANO RUIZ- CALDERON, Professor of Philosophy of Law at the Complutense University of Madrid, Spain - Rik TORFS, Rector of the University of Leuven, Belgium - Bruno VERTALLIER, PhD in pastoral ministry, President of IADRL, Switzerland. CONSULTATIVE COMMITTEE Roberto BADENAS – Jean Paul BARQUON – Herbert BODENMANN – Dora BOGNANDI – Mario BRITO – Nelu BURCEA – Jesus CALVO – Corrado COZZI – Alberto GUAITA – Friedbert HARTMANN – David JENNAH – Tomas KABRT – Rafat KAMAL – Harri KUHALAMPI – Paolo
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