Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2007, No. 3, 2007

Keynote Address: After Twenty-Five Years
Twenty-five years have passed since the passage of the 1981 Declaration, and it is important to celebrate the event. But what are we celebrating? Is it something more than simply the continuation of the paper trail in human rights from the 1948 Universal...
Legal Aspects of Church-State Relations in Post-Revolutionary Georgia
I. INTRODUCTIONSince gaining independence,1 Georgia has passed through many radical political and economic changes. Thus, Georgian society is accustomed to various reforms, particularly reforms in the legal field, as a part of ordinary life.2 However,...
Mexican Legislation on Religion and the 1981 Declaration on Intolerance and Discrimination
I. INTRODUCTIONIt has been said-and with good reason-that religious freedom is the alpha and omega of human rights. After all, religious freedom concerns people's inner life, the place where they make the major decisions that guide the very meaning of...
Minority Rights in Turkey
I. INTRODUCTIONThe country of Turkey has been a very important crossroad between Europe and Asia for centuries, not only because of its location but also because of the cultures and religions that have traversed its land.1 This juncture of civilizations...
Problematic Issues concerning the Freedom of Association and Group/Collective Rights in the Republic of Armenia
I. INTRODUCTION: AN OVERVIEW OF THE ISSUESThe increased activity of religious organizations in Armenia is undoubtedly connected with the conclusion ,of the Soviet era, as the end of the restrictive impact of Soviet laws1 has intensified the activities...
Racial Classification and the Flawed Pursuit of Diversity: How Phantom Minorities Threaten "Critical Mass" Justification in Higher Education
I. INTRODUCTION1In December, 2006, the Supreme Court heard oral argument in a pair of cases that once again thrust racial classification to the forefront of public debate. The two cases, Meredith v. Jefferson City Board of Education2 and Parents Involved...
Religious Accommodation in Japan
I. INTRODUCTIONReligious accommodation refers to "government laws or policies that have the purpose and effect of removing a burden on, or facilitating the exercise of, a person's or an institution's religion."1 Religious practices are, by their very...
The "Direct" Financing of Religious Minorities in Spain
I. INTRODUCTIONIn Spain, the launch of the Foundation for Pluralism and Coexistence ("the Foundation") entails an entirely new experience and utilizes a new instrumentality-that of a private religious foundation in the public sector-in an as yet untried...
The Globalization of Human Rights and the Socialization of Human Rights Norms
I. INTRODUCTIONThe promotion of human rights norms1 throughout the world by the acceptance of declarations, treaties, trade agreements, and world opinion is very important for holding nations accountable in the global community.2 However, such instruments...
Time for a Treaty? the Legal Sufficiency of the Declaration on the Elimination of All Forms of Intolerance and Discrimination
I. INTRODUCTIONWe the peoples of the United Nations determinedto save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, andto reaffirm faith in fundamental human rights, in the dignity and...
Tolerance and Religious Freedom: The Struggle in Peru to Tolerate Multiple Cultures in Light of Principles of Religious Freedom
I. IntroductionIn his exposition to the emperor Nero, Seneca, that extraordinary Roman sage of Spanish origin, taught of the importance of the virtue of tolerance.1 He said that tolerance requires "a wise moderation" that is difficult to obtain, but...