Religious liberty is a basic human right which is related to people’s daily life. When it comes to the question that whether Religious liberty should be protected by specific provisions or general provisions, people have divergent opinions. I agree that religious liberty should be protect by specific provisions including national law and international law. I have several reasons to explain it.
【Key Words】religious liberty, constructional law, human right
The power and the order of the common customs can not bring human beings with the inner peace. As a mysterious power , religion can solve the problem which can not be solved by the science and technology. When the science and knowledge can not explain all the confusion in this world, religion came in. Religion has the significant function that it can provide the importance of life and eliminate the resentment . It offer the sense of security for the people who lived in poverty or lived confusedly. Religion deifies some value and religious doctrine which can control the desire and impulsion from people’s heart.
Should religious liberty be protected by the specific provisions under national or international law? My answer is absolutely Yes. Religion is a special thing indeed, and the religious liberty is a significant and specific part of human rights. There are different kinds of humans’ basic right, including equality and freedom of expression, only under the specific provisions can protect this kind of freedom substantially. No matter national law or the international law, the provisions which protect the religious liberty, is specific.
1.the constitutional protection of religious liberty:the experience of US
Religious and belief liberty is one of the important human right in the international society. The article 18 of “Universal Declaration of Human Rights”which passed in 1948 indicates that everyone has the right of thought, conscience and religious liberty; this right include the liberty of changing religion and belief, express it publicly or privately. Beyond that, the nations in the whole world affirm that the religious liberty is the basic human right of the citizen universally.
According to the Netherland scholars’ analyze, among the 142 countries’ constitution, 61 countries involved the religious liberty while 64 countries involved religious and belief liberty. 2 countries’ constitution involved only belief liberty. As the first country set up this system, Unites states set the rules in its first constitutional amendment: Congress should not set the law which prohibit the religious liberty or establish a religion.
United states has there principles of religious liberty.
First, the principle of the separation of church and state. Building a block between the church and the states, separate them, so the states can not interfere the religion liberty of people. The meaning of this article in first constitutional amendment is that no matter the states’government or the federal government,...