International Religious Freedom Act of 1998 - Justification and Legal Basis

Justification and Legal Basis

This Act has been justified by the US Congress on the basis of constitutional and international law principles. Several of the sponsors of the bill have expressed that the United States was born out of the need for religious freedom and that this principle was codified in the First Amendment to the United States Constitution. The First Amendment explicitly guarantees the fundamental right of religious freedom and liberty to practice any faith as according to one's choice. Their contention made, to this is that the United States has the duty to uphold this fundamental right. During a speech about the Act, on October 9, 1998, Senator Joseph Lieberman (D-CT), gave the reason as to why the founding fathers were drawn to America,

Lieberman believed that by supporting this act the US Citizens could honor the country's founders for creating the first amendment to the Constitution.

The principles of international law were made inherent in the act so as to clarify its commitment to promote international religious freedom. As per the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), religious freedom is one of the most fundamental human rights outlined. This right explicitly includes the freedom to change religious faith 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." All the members of the United Nations have adopted the Universal Declaration of Human Rights by the virtue of their UN membership and are pledged to uphold its provisions. The Article 18(1) of the International Covenant on Civil and Political Rights was ratified with reservations in April 1992, also includes a freedom of religion clause similar to that of the UDHR's. The principles in the above-mentioned international law documents, according to the Act, create a sense of responsibility in its governments to protect the freedom of religion, which the Act does by exercising the United States' ability to choose its limit in dealing with countries that violate religious freedom.

The justification for this Act lies on the guarantee of freedom of religion found in the US Constitution and in principles of international law. Critics of this Act would probably contend that while the US Constitution does prohibit Federal and State governments from infringing on the religious liberties of people living within the US, it does not obligate or permit the US to use embargo or military intervention as means to uphold these rights abroad.