Book contents
- Frontmatter
- Contents
- Acknowledgments
- Chronological table of international treaties
- Table of cases
- List of abbreviations
- Introduction
- 1 Early antecedents
- 2 From Augsburg to Paris
- 3 The League of Nations: drafting the Covenant
- 4 The Polish Minorities Treaty
- 5 The extension of the minorities system
- 6 The experience under the League
- 7 The UN system
- 8 Article 18 of the International Covenant on Civil and Political Rights
- 9 The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
- 10 Religious freedom under the European Convention on Human Rights: the drafting of Article 9 and of Article 2 of the First Protocol
- 11 The application of Article 9 of the European Convention on Human Rights
- 12 Restrictions upon the scope of Article 9(1)
- 13 The application of Article 2 of the First Protocol
- 14 An interim conclusion
- Bibliography
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
8 - Article 18 of the International Covenant on Civil and Political Rights
Published online by Cambridge University Press: 06 January 2010
- Frontmatter
- Contents
- Acknowledgments
- Chronological table of international treaties
- Table of cases
- List of abbreviations
- Introduction
- 1 Early antecedents
- 2 From Augsburg to Paris
- 3 The League of Nations: drafting the Covenant
- 4 The Polish Minorities Treaty
- 5 The extension of the minorities system
- 6 The experience under the League
- 7 The UN system
- 8 Article 18 of the International Covenant on Civil and Political Rights
- 9 The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
- 10 Religious freedom under the European Convention on Human Rights: the drafting of Article 9 and of Article 2 of the First Protocol
- 11 The application of Article 9 of the European Convention on Human Rights
- 12 Restrictions upon the scope of Article 9(1)
- 13 The application of Article 2 of the First Protocol
- 14 An interim conclusion
- Bibliography
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
Summary
The drafting process
As has been seen, it was not until the Second Session of the CHR in December 1947 that it was decided that the ‘international bill of rights’ should comprise a declaration, a covenant and means of implementation. The Covenant was to provide both a source of legal obligation and define in detail the rights set out in the Declaration. The original intention was to produce all of the elements of the ‘bill’ simultaneously. The Drafting Committee, meeting in June 1947, decided to adopt the articles submitted by the UK as the basis for a draft covenant. This was examined by a working group at the Second Session of the CHR and remodelled to provide:
Every person shall have the right to freedom of religion, conscience and belief, including the right, either alone or in community with other persons of like mind, to hold and manifest any practice or belief, to change his belief, and to practice any form of religious worship and observance, and he shall not be required to do any act which is contrary to such worship and observance.
Every person of full age and sound mind shall be free, either alone or in a community with other persons of like mind, to give and receive any form of religious teaching [and endeavour to persuade other persons of full age and sound mind of the truth of his beliefs], and in the case of a minor the parent or guardian shall be free to determine what religious teaching he shall receive.
[…]
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- Religious Liberty and International Law in Europe , pp. 194 - 226Publisher: Cambridge University PressPrint publication year: 1997
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