E/CN.4/1995/91/Add.1
page 84
(4)
The Muslim Marriage Act and the Hindu Marriage Act may be
viewed as examples of accommodating within Jamaica other religious and
attendant practices. In the rear of marriage, a marriage valid under
other religions might, due to lack of compliance with regard to form or
capacity under common law, be regarded as null and void under common law.
This Act attempts to improve on that situation and is an example of a
positive move to remove some amount of what might well be called
discrimination."
LUXEMBOURG
36.
On 21 June 1994, the following general information was sent to the
Special Rapporteur:
"The Constitution of Luxembourg guarantees freedom of worship,
freedom to practise religion in public, freedom of conscience and freedom
to express one’s religious opinions. However, offences committed in
connection with the exercise of these freedoms are punishable. Criminal
penalties apply to persons who compel or prevent one or more persons from
worshipping, from attending worship or from observing certain religious
festivals or certain days of rest."
MOROCCO
37.
In July 1994, the Special Rapporteur received the following general
information from the Permanent Mission of the Kingdom of Morocco to the
United Nations Office at Geneva:
"The Ministry for Awgaf and Islamic affairs has the honour to
recall that the Constitution, line of conduct, legislation and traditions
of the Kingdom of Morocco are all based on respect for human rights and
are in harmony with the spirit of tolerance of Islamic law, which was the
first to consecrate and encourage respect for human rights and to call
for tolerance and coexistence within that spirit, before any
constitutions, any texts of positive law or any international charters
and declarations.
Furthermore, since these principles are applied to Muslims and
non-Muslims alike, under Islam the non-Muslim subjects of a Moslem State
or a State of Moslem obedience enjoy the same rights and incur the same
duties as Muslims. The State has to defend them in the same way as
Muslim subjects and apply the same laws to both, except in the case of
laws relating to religion, where the State respects the beliefs of
non-Muslims.
These principles are clearly embodied in the Koran, one verse of
which states that there should be no constraint in religion and that
right will be distinguished from wrong.