Jurnal Global dan Strategis
ISSN 1907-9729
Vol. 4 / No. 2 / Published : 2010-08
Order : 3, and page :147 - 157
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Original Article :
Dilemma of religious freedom in the context of cultural relativity and state sovereignty
Author :
- Al-Khanif*1
Abstract :
Religious freedom is one of the oldest rights regulated by international human rights instruments. It guarantees everyone to have, adopt and manifest their religions or beliefs in a wider context, not limited in legal definition and certain religious values. However, the concept and application of this right has become controversy in many states. One fundamental reason is due to the existence of cultural and religious relativism. Even though religion in nature does not refuse international religious freedom, some religious fundamentalist believe that the dimension of religious freedom can destroy the core religious values. Additionally, there are some states, which stand on the concept of state sovereignty even though they have clearly violated religious freedom. The legal fact shows that there is paradoxical regulation between the urgency to develop human rights from international human rights regime and the United Nations Charter, which protect the sovereignty of state from alien interference. Therefore, the violation against religious freedom will still occur if there is no enough national regulation, which comprehensively protect, promote and fulfil this right
Keyword :
religious freedom, cultural relativism, and state sovereignty,
References :
Conlon, J.,(2004) Sovereignty vs. Human Rights or Sovereignty and Human Rights? 46 (75): 76-100 : Institute of Race Relations
Grant, E.,(2007) Dignity and Equality 7 (2): 299-329 : Human Rights Law Review
Hathaway, O.,(2007) . Why Do Countries Commit to Human Rights Treaties? 51 (4): 588-621 : Journal of Conflict Resolution
Archive Article
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 Volume : 4 / No. : 2 / Pub. : 2010-07 |
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