Celebrating the 50th Anniversary of Dignitatis Humanae
November 6, 2015
Dignitatis Humanae Notre Dame Law Review Annual Symposium November 6, - - PowerPoint PPT Presentation
Religious Liberty & the Free Society Celebrating the 50th Anniversary of Dignitatis Humanae Notre Dame Law Review Annual Symposium November 6, 2015 Religious Majorities and Restrictions on Religion Brett G. Scharffs Francis R. Kirkham
November 6, 2015
Brett G. Scharffs Francis R. Kirkham Professor of Law, Associate Dean for Faculty and Curriculum, Associate Director of the International Center for Law and Religion Studies,
Source: Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
39% of the world’s countries have high or very high restrictions on religious freedom* These 39% of countries include more than three-fourths (77%) of the world’s population*
77% 19% 4% 39% 31% 30% Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data for 2013. High/very high totals given in report. Moderate and low data % calculated from 2012 comparison.
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data for 2013. High/very high totals given in report. Moderate and low data % calculated from 2012 comparison.
YEARS ENDING
JUN JUN JUN JUN DEC DEC DEC 2007 2008 2009 2010 2011 2012 2013
29% 30% 31% 37% 40% 43% 39% 35 25 28 26 29 31 46 35 44 35 34 28 30
High or Very High Restrictions Moderate Low
25
100 80 60 40 20
100 80 60 40 20
YEARS ENDING JUN JUN JUN JUN DEC DEC DEC 2007 2008 2009 2010 2011 2012 2013
68% 67% 70% 75% 74% 76% 77% 18 27 21 19 20 20 19 14 6 10 6 6 4 4
High or Very High Restrictions Moderate Low
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data for 2013. High/very high totals given in report. Moderate and low data % calculated from 2012 comparison.
Very High
SCORES 6.6 AND HIGHER
China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore
High
SCORES FROM 3.6
TO 7.1
Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Vietnam Algeria Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya United Arab Emirates Ethiopia Romania Germany
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Algeria Vietnam Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya UAE Ethiopia Romania Germany
Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Algeria Vietnam Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya UAE Ethiopia Romania Germany
China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore
China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore
Very High High Moderate Low
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
10 20 30 40 50 60 70 80 90 100
Muslim Buddhist (Orthodox) Christian Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
10 20 30 40 50 60 70 80 90 100 Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Christian (mixed) Muslim Buddhist Unaffiliated
10 20 30 40 50 60 70 80 90 100
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
Christian (mixed) Hindu Jewish Muslim Buddhist
10 20 30 40 50 60 70 80 90 100
Buddhist Christian (mixed) Folk religions Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
Very High
SCORES 7.2 AND HIGHER
Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt Central African Republic Iraq Kenya
High
SCORES FROM 3.6
TO 7.1
Turkey Georgia China Germany Sweden Bosnia-Herzegovina Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt CAR Iraq Kenya Very High High Moderate Low
Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt CAR Iraq Kenya Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia Turkey Georgia China Germany Sweden Bosnia-Herzegovina Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia Turkey Georgia China Germany Sweden BIH Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia
10 20 30 40 50 60 70 80 90 100
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Christian (mixed) Hindu Jewish Muslim
Buddhist Christian (mixed) Muslim
10 20 30 40 50 60 70 80 90 100 Sri Lanka Tanzania Nigeria* *Nigeria is evenly divided between Christian (49.3%) and Muslim (48.8%).
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
10 20 30 40 50 60 70 80 90 100
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Christian Hindu Buddhist Muslim
10 20 30 40 50 60 70 80 90 100
Germany Sweden Ethiopia France Lebanon China BIH * Vietnam
Christian (mixed denomination) Folk Religions Unafilliated Muslim Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 *The religious balance in Bosnia and Herzegovina is approximately 52% Christian and 45% Muslim.
Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Algeria Vietnam Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya UAE Ethiopia Romania Germany China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
Very High High
Dominant religious group less than 70% Dominant religious group greater than 70%
China Indonesia Uzbekistan Iran Egypt Afghanistan Malaysia Saudi Arabia Burma (Myanmar) Russia Turkey Syria Azerbaijan Sudan Brunei Eritrea Tajikistan Singapore Maldives Bahrain Pakistan Turkmenistan Iraq Belarus Morocco Jordan Western Sahara Laos Algeria Vietnam Qatar Kazakhstan Mauritania Yemen Kyrgyzstan Israel Kuwait Bulgaria Sri Lanka Bangladesh Armenia Cuba Oman Djibouti India Angola Bhutan Tunisia Rwanda Libya UAE Ethiopia Romania Germany
Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt CAR Iraq Kenya
Very High
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia Turkey Georgia China Germany Sweden BIH Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia
High
Yemen Libya Burma (Myanmar) Sudan Thailand Lebanon Algeria Nepal Tunisia United Kingdom Kosovo Armenia Romania Greece Iran France Ethiopia Turkey Georgia China Germany Sweden BIH Uganda Niger Maldives Moldova Brazil Tuvalu Mexico Italy Kuwait Bulgaria Vietnam Mali Saudi Arabia Israel India Palestinian territories Pakistan Nigeria Bangladesh Sri Lanka Russia Syria Somalia Afghanistan Tanzania Indonesia Egypt CAR Iraq Kenya Dominant religious group less than 70% Dominant religious group greater than 70%
Something very different
10 20 30 40 50 60 70 80 90 100
Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011 2015
10 20 30 40 50 60 70 80 90 100
Moderate
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011
10 20 30 40 50 60 70 80 90 100
Low Moderate
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011
10 20 30 40 50 60 70 80 90 100
Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011 2015
10 20 30 40 50 60 70 80 90 100 Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
High
Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011
10 20 30 40 50 60 70 80 90 100
High Moderate
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011
10 20 30 40 50 60 70 80 90 100
Low High Moderate
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015 Data from the CIA Factbook - October 2015 Pew Research Center, Christian Population as Percentages of Total Population by Country - December 2011
Very High High Moderate Low
Countries where Catholic population is 70%+ Moderate and Low Restrictions
Very High High Moderate Low
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
Countries where Catholic population is 70%+
High, Moderate, and Low Restrictions
14 out of 18 Countries have Dominant Religious Group 70% +
30 out of 36 Countries have Dominant Religious Group 70% +
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
None of these Countries has a Catholic Majority None of these Countries has a Catholic Majority
30 out of 36 Countries have Dominant Religious Group 70% +
14 out of 17 Countries have Dominant Religious Group 70% +
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
None of these Countries has a Catholic Majority T wo of these Countries have a Catholic Majority
For those of us who care about freedom of thought, conscience, and belief, and who believe in the positive contributions of religion in general, the high correlations between religious majorities and restrictions on FORB is rather sobering and discouraging.
It is likely to be within religious traditions themselves that we will find the most persuasive reasons in favor of religious freedom
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities - February 2015
Pope Pius VI (1791, 1794) Pope Gregory XVI (1832) Pope Pius IX (1865) Pope Leo XIII (1892, 1900)
200 (or even 100) years
Pope Pius
“After creating man in a place filled with delectable things, didn’t God threaten him with death should he eat the fruit of the tree of good and evil? And with this first prohibition didn’t He establish limits to his liberty? … Where then, is this liberty of thinking and acting that the Assembly grant? Is this invented right not contrary to the right of the Supreme Creator ….? This inflated equality and liberty, therefore, are for him … no more than imaginary dreams and senseless words to man in society as an indisputable natural right?”
Brief Quod aliquantum, March 10, 1791
Pope Gregory XVI (1832,1844):
“And from this most putrid font of indifferentism flows that absurd and erroneous view, or rather insanity, that liberty of conscience should be asserted and claimed for just anyone.”
Mirari vos, August 15, 1832
“Experience shows that there is no more direct way of alienating the populace from fidelity and obedience to their leaders than through that indifference to religion propagated by the sect members under the name of religious liberty.”
Inter Praecipuas (# 14), May 8, 1844
Pope Pius IX (1865):
"No indeed (as someone, perhaps inadvertently, has represented Us as saying) for "the liberty of conscience, which is an equivocal expression too often distorted to mean the absolute independence
absurdity in reference to a soul created and redeemed by God."
Pope Leo XIII (1892):
“Every familiarity should be avoided, not
sect, but also with those who hide under the mask of universal tolerance, respect for all religions, and the craving to reconcile the maxims of the Gospel with those of the revolution. These men seek to reconcile Christ and Belial, the Church of God and the state without God.”
Custodi Di Quella Fede (# 15), December 8, 1892
Pope Leo XIII (1900):
“A power greater than human must be called in
to teach men's hearts, awaken in them the sense
which once before saved the world from destruction when groaning under much more terrible evils. Once remove all impediments and allow the Christian spirit to revive and grow strong in a nation, and that nation will be healed. The strife between the classes and the masses will die away; mutual rights will be respected. … The world has heard enough of the so-called "rights of man." Let it hear something of the rights of God.
Tametsi Futura Prospicidentibus, November 1,1900
But, if before
In the 50 years since
Before Vatican II After Vatican II
ON THE RIGHT OF THE PERSON AND OF COMMUNITIES TO SOCIAL AND CIVIL FREEDOM IN MATTERS RELIGIOUS PROMULGATED BY HIS HOLINESS POPE PAUL VI ON DECEMBER 7, 1965
Pope Paul
VI : “This Vatican Council declares that the human person has a right to religious freedom. This freedom means that all men are to be immune from coercion on the part of individuals or of social groups and of any human power, in such wise that no one is to be forced to act in a manner contrary to his own beliefs, whether privately or publicly, whether alone or in association with
Declaration on Religious Liberty Dignitatis Humanae, paragraph 2
"The Council … declares that
Declaration on Religious Liberty Dignitatis Humanae, paragraph 2
Pope Benedict XVI: "The Catholic
Church is eager to share the richness
enlivens hearts with a hope for the fulfillment of justice and a love that makes all men and women truly brothers and sisters in Christ Jesus. She carries out this mission fully aware
competence of Church and State. Indeed, we may say that the distinction between religion and politics is a specific achievement of Christianity and one of its fundamental historical and cultural contributions.“
Papal Address to the Philippine Ambassador, October 27, 2008
… [R]eligious liberty, by its nature, transcends places of worship and the private sphere of individuals and families. Because religion itself, the religious dimension, is not a subculture; it is part of the culture of every people and every nation.”
Meeting for Religious Liberty with the Hispanic Community and Other Immigrants, September 26, 2015
Pope Francis: “[Religious freedom] is
a fundamental right which shapes the way we interact socially and personally with our neighbors whose religious views differ from our own. … Religious freedom certainly means the right to worship God, individually and in community, as our consciences dictate.
Freedom of thought, conscience and belief is most
Many religious traditions, including Orthodox
Brett G. Scharffs Francis R. Kirkham Professor of Law, Associate Dean for Faculty and Curriculum, Associate Director of the International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University
With thanks for assistance with this presentation to Donlu D. Thayer Senior Editor, International Center for Law and Religion Studies, BYU Law School