12 Santa Clara Lawyer 403 (1972)
The Treaty Protection of Religious Rights: U.N. Draft Convention on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief

handle is hein.journals/saclr12 and id is 413 raw text is: THE TREATY PROTECTION OF
RELIGIOUS RIGHTS: U.N. DRAFT
CONVENTION ON THE ELIMINATION
OF ALL FORMS OF INTOLERANCE
AND OF DISCRIMINATION BASED
ON RELIGION OR BELIEF
John Claydon*
INTRODUCTION
For centuries intolerance and discrimination rooted in re-
ligion have had considerable impact on the course of international
affairs. Indeed, the inception of the present nation-state system in
the Peace of Westphalia of 1648 resulted from a series of religious
wars fought to fill the void created by the breakdown of the mono-
lithic Christianity of international society in the medieval period.
Even a cursory survey of matters considered by the United Nations
in the past twenty-five years demonstrates the extent to which re-
ligious differences continue to contribute to major and minor prob-
lems of world order. Such a list might include the following items:
religious persecution in Bulgaria, Hungary, and Rumania, 1949;
the Kashmir dispute between India and Pakistan; the treatment of
Buddhists in South Vietnam, 1963; the actions of the People's Re-
public of China in Tibet, 1959-61; the Cyprus problem; the continu-
ing Middle East crisis; and the current situation in Northern Ireland.
In all of these cases the religious factor has operated in varying
degrees either to precipitate or to exacerbate an international crisis;
in most violence has been a component.
In recent years there has been an upsurge in multilateral
treaty-making aimed at providing more adequate international pro-
tection for human rights, but recourse to treaties for the protection
of individuals from religious intolerance and discrimination is not a
new phenomenon. As early as the Peace of Augsburg of 1555 the
principle of religious tolerance achieved unprecedented international
expression.' The Treaty of Osnabruck, part of the Peace of West-
phalia, ensured international protection for religious minorities
* BA., Carleton College, 1967; LL.B., Queen's University, 1970; Assistant Pro-
fessor of Law, Queen's University.
I See 2 D. HILL, A HISTORY OF DIPLOMACY IN THE INTERNATIONAL DEVELOPNNT
OF EUROPE 479-80 (1906).

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