RE: Kol Isha: legal implications

[I. Oppenheim <i.oppenheim...>]

On Tue, 4 Mar 2003, Yoel Epstein wrote:

> I wonder if anyone has thought about the legal
> implications of Kol Isha.  In the US, for example,
> would cancellation of a woman's performance be
> construed as a violation of Title VII of the Civil
> Rights act of 1964, which prohibits employment
> discrimination based on sex?

The "Universal Declaration of Human Rights,"
proclaimed by the General Assembly of the United
Nations in 1948, grants full freedom of religion:

<<Article 18

Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to
change his religion or belief, and freedom, either
alone or in community with others and in public or
private, to manifest his religion or belief in
teaching, practice, worship and observance.>>

[ Quoted from http://www.unhchr.ch/udhr/lang/eng.htm ]


Since the standards of international law take
precedence over national law, at least in principal,
no national law could limit freedom of religion.

In the USA, this right is explicitly stated in the
First Amendment:

<<Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably
to assemble, and to petition the Government for a
redress of grievances.>>

[ Quoted from http://www.house.gov/Constitution/Amend.html ]


In Europe, this right is reflected in the 1950
"Convention for the Protection of Human Rights and
Fundamental Freedoms:"

<<Article 9.1

Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to
change his religion or belief and freedom, either alone
or in community with others and in public or private,
to manifest his religion or belief, in worship,
teaching, practice and observance.

Article 9.2

Freedom to manifest one's religion or beliefs shall be
subject only to such limitations as are prescribed by
law and are necessary in a democratic society in the
interests of public safety, for the protection of
public order, health or morals, or for the protection
of the rights and freedoms of others.>>

[ Quoted from http://www.echr.coe.int/Convention/webConvenENG.pdf ]


In the Netherlands there have been a couple of cases in
which religious Christians and Muslims were charged
with discrimination of women respectively homosexuals;
in all cases they have been eventually acquitted
because of freedom of religion. There is even one
fundamentalist Christian party represented in
parliament, that on religious grounds does not allow
women to become member.

I'm sure the situation is more or less the same in
other Western countries.


 Groeten,
 Irwin Oppenheim
 i(dot)oppenheim (at) xs4all(dot)nl
 ~~~*

 Chazzanut Online:
 http://www.joods.nl/~chazzanut/

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