Sunday, November 29, 2009

Is shunning a violation of human rights?

Universal Declaration of Human Rights

Here are some excerpts which would seem to conflict with ritual shunning.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion 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.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.





http://www.silive.com/newsflash/metro/index.ssf?/base/news-17/1145660369170760.xml&storylist=simetro

Commission rules for ex-Amish woman in discrimination case

4/21/2006, 6:38 p.m. ET
By BRUCE SCHREINER
The Associated Press
 

LOUISVILLE, Ky. (AP) — Kentucky's Commission on Human Rights ruled Friday in favor of an ex-Amish woman who claimed she was discriminated against by an Amish thrift store owner who refused to serve her.Erma Troyer, the store owner in an Amish enclave at Cub Run in southcentral Kentucky, was ordered to serve Ruth Irene Garrett or others who left the Amish way of life and are shunned by those in the faith.
 
"It feels like a vindication because I just don't see how it's right or how it's fair that they can do this," Garrett said by telephone.
Meeting in Versailles, the commission also ordered Troyer to pay $100 to Garrett for embarrassment caused by the confrontation. Garrett, an author who lives near Glasgow, said she would donate the money to the Salvation Army. Troyer declined comment Friday and referred questions to her attorney. Phone messages left with Troyer's attorney were not immediately returned. 
 
Troyer can appeal the commission's order to circuit court.Troyer used a religious freedom defense, claiming that her church doctrine prevented her from taking money from those shunned by the Amish.Garrett, an author who has written about Amish life, contended that the refusal to serve her was a violation of Kentucky's Civil Rights Act for denial of service in a public place for religious reasons."It was never about the money," Garrett said Friday. 
 
"To me, I've won what I wanted to win. Now it's actually proved that she has to serve everyone, no matter what kind of religion you are."The case stemmed from an Oct. 15, 2003, confrontation at Troyer's Rocky Top Salvage store. Garrett attempted to purchase some groceries, but Troyer refused to ring up the items.She recognized Garrett from one of the books Garrett wrote about the Amish life she left. Garrett claimed that Troyer embarrassed her in front of other customers and took her complaint to the Human Rights Commission.Troyer had said she felt she did nothing wrong. She said that based on her church doctrine, she risked being thrown out of the Amish faith and damned to an eternity in hell if she took money from the shunned. 
 
Troyer had said previously that she even offered to give Garrett the groceries for free.Garrett said Friday that she expected to shop at Troyer's store.Although she left the Amish faith, she still cooks Amish-style and likes to shop at Amish stores to buy ingredients she can't find elsewhere.Emily Riggs Hartlage, a Human Rights Commission staff attorney, said the order could have a ripple effect for any others who were excommunicated from the Amish faith and are denied service at Amish shops."I hope it empowers other shunned Amish people to assert their rights," she said in an interview.

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