Re: Kol Isha: legal implications

[BlackMonk <BlackMonk...>]

----- Original Message -----
From: "I. Oppenheim" <i(dot)oppenheim (at) xs4all(dot)nl>
To: "World music from a Jewish slant" <jewish-music (at) shamash(dot)org>
Cc: "World music from a Jewish slant" <jewish-music (at) shamash(dot)org>
Sent: Tuesday, March 04, 2003 7:49 PM
Subject: RE: Kol Isha: legal implications


> 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.>>
>

Tell them your religion requires human sacrifices and see how far you get.


> [ 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.>>
>

So there are limitations.

> [ 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.
>

Without knowing the specifics, what does this mean? You've already said that
they wouldn't be allowed to infringe on the rights and freedoms of others.


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