E/CN.4/1992/52
page 114
For example, the United States Supreme Court recently struck down a
statute enacted by the legislature of the State of Alabama authorizing a
one-minute period of silence in all public schools 'for meditation or
voluntary prayer1 (Wallace v. Jaffree, 472 United States 38 (1985)). The
Court found that the purpose of the statute was to endorse religion and that
it did not have any clear secular purpose.
The United States Supreme Court also recently invalidated a school
district programme in the State of Michigan in which teachers from religious
schools taught classes at public expense in religious school buildings (School
District of City of Grand Rapids v. Ball, 473 U.S. 373 (1985)). The Court
found that such a programme had the 'primary or principal1 effect of advancing
religion.
Lastly, the Supreme Court held a State of Louisiana statute that required
instruction in the theory of 'creation science' whenever the theory of
evolution was taught violative of the establishment clause (Edwards v.
Aguillard, 482 U.S. 578 (1987)). The Court found that the act impermissibly
endorsed religion by advancing the religious belief that a supranatural being
created mankind. As the Court explained, the establishment clause not only
prevents the Government from endorsing a religion or religion over
non-religion, it also encourages religious tolerance by persons in the United
States because it does not allow a particular religion or religion itself to
enjoy a superior status."
Zimbabwe
"The rights, of both citizens, residents and non-residents, to practise
their faith is provided for and guaranteed by our justiciable Bill of Rights."
85. (d) Does your country apply the principle of reciprocity as regards the
practice of religion by foreigners?
Australia
"The practice of religion by foreigners in Australia is not restricted in
any way. Such practice is protected by s. 116 of the Constitution."
Bolivia
"As regards freedom of conscience and religious practices, foreigners
enjoy the same rights as Bolivian citizens."
Botswana
"The question of reciprocity does not arise because the freedom of
worship is granted to every person without regard to that person's nationality
or residence."