The United Nations, Human Rights and Religious Freedom
The International Law system was set up in order to regulate relations between sovereign states and to generally promote the common interests of humanity. The necessity of such a system was clear especially after the devastation of the first and second world wars. In the intervening years, International Law has become more than a legal order. It has also become a source of ethical principles and values that are meant to guide the conduct of States and other actors in the international community. However, ethics and values vary and change depending on the worldviews and beliefs of different people groups. The result is that there are many instances where the current international law contradicts the laws and cultures of a sovereign state. When it comes to matters involving Religious Freedom, that can become a problem.
On the 7th of June 2023, a report called “Freedom of religion or belief, and freedom from violence and discrimination based on sexual orientation and gender identity” was submitted to the United Nations Human Rights Council. This report was put together by Victor Madrigal-Borloz, the UN’s Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. The document discusses how people’s freedom of religion can interfere with the human rights of LGBTQ persons. For proponents of Religious Freedom, the assumptions, recommendations and conclusions of this document are problematic, especially if they end up being enforced as part of International Law.
Here are some of the contentious points:
- According to the report, Religion is not static. Religion is dynamic and it evolves. This is contentious because in Christianity, what we have is nothing short of a worldview. It informs our very existence. The principles that guide our worldview are not evolving or changing. They are eternal. They are written in the Holy Scriptures and these have not changed since they were penned by the inspired writers over two millennia ago.
- According to the report, Religion should not be pro or anti the LGBTQ lifestyle because both are looking for the same thing. Both are looking for a peaceful human coexistence. This is contentious because in Christianity, we know that God created everything. And since God is the Creator, He is the only One who can define how human beings can co exist peacefully. In several instances in Scripture, God has prohibited the LGBTQ lifestyle in no uncertain terms. So as believers in God, we cannot endorse or enjoin ourselves with this culture. According to the Holy Scriptures, peace for all mankind will come, but only under the reign of Christ. Before that happens universally, Christians have been asked to remain separate from the world’s culture.
- According to the report, the Human Rights Law system is above Religion. The author believes that “religion” simply relates to “human feelings of love, intimacy, meaning, spiritual ecstasy, physical pleasure, inner peace and worldly belonging.” However, as Christians, our Faith is not a simple “human experience.” Our Faith is Truth. We defer to Who God is and what He has said over everything else. Nothing sits above that. The International Human Rights Law System defers to God not the other way round. Actually, God is the One who defines Human Rights through the Scriptures. Human laws can change with time, but the Scriptures do not.
- According to the report, all people including LGBTQ persons should be able to live a life free of violence and discrimination. True Christians follow the Christ and His teachings as revealed in the Scriptures. These are very explicit in their stance against violence. Those who mete out violence against anyone, in the name of Christianity are not being guided by the values of our Faith in the first place. They should not be lumped together with true Christians.
- According to the report, Christians routinely discriminate against LGBTQ persons. But what exactly does discrimination mean? If, for example, a Christian pastor refuses to marry a same sex couple, because it goes against the Word of God, should that be considered discrimination? Who defines where that line is drawn? Who decides exactly what is or what isn’t discrimination? The Universal Declaration of Human Rights (UDHR) was adopted at the United Nations in 1948 and non discrimination is one of its tenets. However, according to the Office of the High Commissioner for Human Rights (OHCHR), the UDHR is a document that can be interpreted and applied in different contexts and situations. The author of the report says that not including LGBTQ in the practices of one’s religion is discriminatory to them, and so laws should be put in place by the State to ensure that doesn’t happen. That is problematic.
These are just some of the many insidious points contained in the report. The report shows little understanding of the teachings and practices of Christianity. By elevating the International Law System above it, the author also shows very little respect for it. The report disregards the cultural, moral, and religious values of many States and societies that uphold the traditional understanding of family and marriage as based on the union of a man and a woman. The author wants measures that have not been universally accepted by billions of people in many states and regions (especially those outside the West) to be adopted as part of an International Law System that keeps being updated with the prevailing Western Culture. If this report were to be adopted by the United Nations Humans Rights Council, it would be a clear infringement on the Religious Freedom of many. It should be opposed in the strongest of terms.
