Book Review: The Freedom of Thought, Conscience and Religion or Belief in the United Nations (1946–1992)

DOI10.1177/092405190101900309
Published date01 September 2001
Date01 September 2001
Subject MatterBook Review
Part
D: Documentation
A.
BOOKREVIEW
Cornelis D. De Jong:
The
Freedom of Thought, Conscience
and
Religion
or
Beliefin the
United Nations (1946-1992), Antwerpen, Intersentia, 2000, 777 p. (School of
Human
Rights Series,
No.5)
ISBN 90-5095-137-6*
In a time
of
globalisation and the pursuit
of
material happiness, the time to reflect appears
to be lacking. In a time
of
adiminishing globe, cultural relativism emerges as part
of
the
survival kit, whereas others react by diverting to extreme fundamentalist acts, desecrating
statues
of
immense cultural value with intense religious hatred. In a time
of
cross-cultural
encounters with inter-religious marriages or straightforward conversion, others warn for a
clash
of
civilisations, particularly civilisations which are founded on religious identities.
Crusades are part and parcel
of
the past, but yet so very much an ongoing feature. States
break down on religious lines, in others State and religion are finally separated, whereas
others reintroduce a theocracy: religion is very much at the center
of
life and society.
It is in this field
of
many players, many convictions and many developments that Dr.
Cornelis (Dennis) de
long
has managed to provide a clear and transparent picture
of
the
ongoing discussion and codification efforts in the field
of
freedom
of
thought, conscience,
religion and belief. This freedom, this basic and fundamental right, has, in spite
of
the
inherent logic, become aplay-ball
of
other interests. The West used it against the Soviet
during the Cold War, the West now uses it against China in a game
of
what appears to be
trade-chess.
De Jong's PhD. analyses indetail various elements
of
freedom
of
thought, conscience and
religion. Primarily this concerns the individual rights, the individual aspects in general and
discrimination in particular; then it focuses on collective aspects as well as promotion
of
tolerance in this field. The analysis shows both the extent
of
recognition
of
these freedoms
and rights and the limitations inherent in any rights equation.
Apart from providing insight into development
of
this freedom this 800-page opus
magnum
also argues in favour
of
a dynamic interpretation. De
long
claims that protection
should be extended to all religions or beliefs and not to be confined to the major or traditional
ones. Moreover, protection should not be limited to manifestations
of
apurely religious or
spiritual nature, the 'practical implications' also deserve protection.
The concept 'conscience' stands central, and by this very move, De
long
transforms the
freedom concerned into a freedom which is also valid in a world without religion.a world
full
of
individuals who alone or in community with others search for harmony, the truth or
other aspects
of
immaterial happiness, wisdom or understanding. De
long
caters for and is
concerned about the further development
of
Man's individual conscience as a safeguard
against both materialistic and fundamentalist tendencies in the respective societies.
The set-up
of
this impressive volume is as follows. Although the study is
of
a legal nature,
confined to public international law and focusing on the UN, it nevertheless contains a wealth
of
material which goes over and above these restrictions. It covers the period 1946-1992,
which is a useful time-setting but which is also a pity in view Of the many developments
since 1992 in particular on subjects like conscientious objection, apostasy, lack oftolerance,
Peter van Krieken.
Netherlands Quarterly
of
Human Rights, Vol.
1913,
369-375, 2001.
Netherlands Institute
of
Human Rights (SIM). Printed in the Netherlands. 369
NQHR
3/2001
and the acceptance by more and more countries or States
of
Shari's law, thereby
dejure
or
defacto limiting the freedoms
of
the non-Islamic residents or citizens in those countries.
The basic questions are (a) what is the scope
of
the freedom concerned, as defined within
the UN framework; (b) what is today's relevance taking into account that other human rights
would appear to provide equal protection; and (c) how dynamic is this freedom
of
thought,
conscience and religion. The set-up itselfhowever focuses on (i) individual aspects
of
this
freedom; (ii) the right to non-discrimination on the basis
of
religion or belief; and (iii) the
community aspect
of
the freedom concerned. Here some disparities would appear to take
hold. This is also true for the fact that this opus tends to have encyclopaedic features (it is
very complete indeed, and undoubtedly the result
of
thousands
of
hours
of
heroic research),
but every
now
and then the personal opinion
of
the author appears to be lacking or to be
'prudent' at most. An example comes to mind:
if
De
long
wells on
'no
limitation
of
marriage
due to religion' he concludes that
'it
is high time that an open discussion on, for example, the
position
of
intending spouses
of
different religions or beliefs and on the position
of
women
in general, is stimulated, not only at State level, but also between the various religious
communities world-wide'. It should come as no surprise that this reviewer would have
preferred a more outspoken statement on this issue, particularly now that the freedom
of
so
many immigrant women is de facto curtailed in choosing a groom.
The answers to the questions (a) and (b) would appear to be quite obvious, but De long
manages to take the reader along a path with unexpected horizons, unattainable heights and
steep slopes. The journey is a fascinating one, and De
long
aperfect guide.
The true strength lies in the third part dealing with the dynamics in which the author is
indeed forward-looking, forward in the sense
of
increased individualism and new forms
of
'contemplation', not as much where it concerns multicultural societies, which are sooner or
later bound to result in some clash
of
cultural identity (e.g. on the subject
of
family law). This
indeed is reflected in his conclusion in which he eloquently submits
'the more individualistic our societies become, the stronger the need for a common framework: less
stringent than that
of
traditional religions, but clear enough to provide the basis for the definition
of
a
fundamental outlook on life. Thus respect for the freedom
of
conscience can again lead to a common social
fabric, with individual expressions
of
a more general and more abstractly worded international system for
the protection
of
human rights and fundamental freedoms. Capturing the main theme
of
this thesis in one
sentence, I would maintain that eventually the freedom
of
thought, conscience and religionmay be the best
instrument against a world governed by sheer materialistic forces: it is now more than ever relevant to
protect and encourage further development
of
Man's conscience.'
With such a statement, De
long
shows that his journey was not only a mere academic, but
also a personal, which indeed explains the depth and insight and added value
of
this excellent
piece
of
work.
B. NEW BOOKS
Female genital mutilation: a guide to laws and policies worldwide /ed. by Anika Rahman
and Nahid Toubia. - London: Zed Books, 2000. - xviii, 249 p.
ISBN: 1
856497739
In encouraging apro-active governmental response to the practice
of
female genital
mutilation (FGM), this book places the subject in a human rights and legal framework. As
the result
of
a major research report in 41 countries, both North and South,
it
covers not only
the prevalence
ofFGM
but the various laws and other measures in place to prevent it. FGM
is not exclusively a concern
of
African governments. It is primarily (although not
370

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