Nolan, Justine --- "Editorial" [2007] HRightsDef 11; (2007) 16(2) Human Rights Defender 1

• Editorial

Editorial

Justine Nolan

The oft uncomfortable and complex relationship between human rights and religion is the primary focus of this edition of the Human Rights Defender. The United Nations’ Universal Declaration of Human Rights refers to human rights as ‘the basic rights and freedoms to which all humans are entitled’ and specifically provides for the right to freedom of religion, including the freedom to change one’s religion or belief, and freedom, either alone or in community with others and in public or private, to manifest one’s religion or belief in teaching, practice, worship and observance. Although this right was then legalised by the International Covenant on Civil and Political Rights the debate about how fundamental human rights and religion interact, and when one right might be prioritized over another, continues to rage.

Danielle Celermajer’s thought provoking article provides a solid base for an opening examination of this topic. As Celermajer points out, many authoritative interpretations of religious texts and prominent religious doctrines prescribe norms that directly contravene human rights standards, particularly those relating to women.

The challenge is achieving the requisite compromise in order to permit the coexistence of religion and human rights.

The articles that follow highlight particular complexities that flow from the vexed interaction between human rights and religion. Carolyn Evans and Beth Gaze examine the relationship between religious freedom and non-discrimination laws and consider whether rights can or should trump one or the other. Article 18(3) of the International Covenant on Civil and Political Rights specifically allows for limitations on freedom of religion provided that they are prescribed by law and are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others. Andrew Lynch considers this in the context of Australia’s anti-terrorism laws, specifically, whether they are discriminatory towards Muslims in Australia. One of the most prominent clashes between religion and rights is the perception that religious practices are discriminatory toward women. Holly Lam focuses exclusively on this issue and the disconnection between the apparent desire of religious beliefs to promote tolerance while exhibiting an obvious disconnect between such beliefs and practice. This disconnect is exemplified even further when contemplating the nexus between religion and the environment. Lesa-Belle Furhagen addresses the question of whether religion can or should play a significant role in guiding environmental stewardship and concludes that the environmental crisis is also a spiritual one, which requires among other solutions, a spiritual solution that cannot be confined to a single faith tradition.

The remaining articles consider three diverse but contemporary topics within human rights: the reform of the United Nations, environmental challenges to human rights protection, and the operation of human rights in China. The new United Nations Human Rights Council (which succeeded the oft criticised Human Rights Commission) met for the first time in July 2006. As Tony Morris notes, some have heralded its establishment as a ‘New Chapter for Human Rights’. His article examines the Human Rights Council one year on and considers whether its practices are going to be equal to its promises.

As the former next President of the United States commented at the launch of the ‘Live Earth’ concerts earlier this year, the environment is the issue of our and future generations. Environmental issues pose unique challenges to human rights, in particular the issue of the physical, economic and cultural security of our Pacific neighbours. In May 2007, Peter Garrett spoke at a symposium hosted by the Australian Human Rights Centre at the University of NSW. This article provides a transcript of Garrett’s speech and highlights his concern with developing a long term strategy for dealing with ‘climate change refugees’.

Finally, Ben Lumsdaine provides an insight into how human rights are perceived by the younger generation in China. In November 2006, five UNSW law students selected by the Australian Human Rights Centre at the invitation of the Australian Human Rights and Equal Opportunity Commission, travelled to Chengdu, China to take part in the Chinese National Model United Nations Conference. China has an obviously uneasy relationship with many human rights and Lumsdaine’s experience at this university conference in China provides a hopeful insight into the increasing engagement of China’s younger generation with human rights.

We would particularly like to thank Holly Lam (student editor, intern) for her contribution to this edition and welcome Luke Taylor as the incoming student editor.

We hope that you enjoy reading this issue of the Human Rights Defender.

Justine Nolan, co-editor, Human Rights Defender