International Covenant on Civil and Political Rights

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Americans understand religious freedom as separation of church and state. In international law, however, freedom of religion or belief is based on the principle of non-discrimination. Articles 18 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights define the parameters of "religious freedom" under international law.

In the past decade the independence of countries formerly under the hegemony of the Soviet Union, increasing religious fundamentalism in many parts of the world, and new legal initiatives by the United States government have changed the landscape concerning religious freedom. 

The following essays by Robert Traer explore the meaning of religious freedom in international law and its realization in various contexts.  Critiques of these essays will be welcomed and considered for publication on this web site.

Religious Freedom - A Community Right 

Under international law freedom of religion or belief is not merely an individual right.

Religious Freedom: November 1998

Statement in 1998 at a UN Department of Public Information Briefing for  the Non-Governmental Organizations Committee on Freedom of Religion or Belief.

A Contextual Approach to Religious Freedom

A contextual approach to freedom of religion or belief seeks to realize the spirit of the law, and not merely the letter of the law on religious freedom.

Comment on Religious Freedom to the World Council of Churches 

Suggestions made in 1999 at a WCC Consultation involving Christians and Muslims.

Religious Tolerance in the United Kingdom

1998 statement at an Inter-religious Hearing held in the House of Commons in London.

Rethinking Religious Freedom

An analysis of international law that involving examples from American and Russian law.