Bufford Defining the Rule of Law

The rule of law also provides that certain types of activity are not subject to state
regulation. For example, everyone has the right to freedom of thought, conscience, and
religion, including the right to practice a religion freely and to change one’s religion. 22
The rule of law also provides that everyone has the right to freedom of opinion and
expression, including the right to receive and impart information and ideas through any
media without regard to national borders, 23 and recognizes a person’s right to peaceful
assembly and association. 24 The rule of law requires not only the legal recognition of
these rights, but also that governments conform their conduct so that these rights are
protected and not infringed by state action.
The rule of law has special implications in the marriage and family context as
well. First, it requires that every adult man and woman have a right to marry and to have
a family, without any restrictions as to race, nationality, or religion. 25 Second, it requires
that men and women have equal rights as to marrying, and equal rights during a marriage
and at its dissolution. 26 Third, it requires that marriage be based on the free and full
Freedoms, supra note 12, art. 26; see generally Arab Charter, supra note 14, art. 41; African
Charter, supra note 15, art. 18(4); Asian Charter, supra note 16, art. 11. (??).
22 See Universal Declaration, supra note 9, art. 18; Civil and Political Rights, supra note 11, art.
18; Fundamental Freedoms, supra note 12, art. 9; Fundamental Rights of the EU, supra note 12,
art. 10; American Convention, supra note 15, art. 12; Arab Charter, supra note 14, art. 26-27;
African Charter, supra note 15, art. 8; Asian Charter, supra note 16, art. 6.3 (??); American
Declaration, supra note 14, art. 3.
23 See Universal Declaration, supra note 9, art. 19; Fundamental Freedoms, supra note 12, art.
10; Fundamental Rights of the EU, supra note 12, art. 11; Arab Charter, supra note 14, art. 27;
African Charter, supra note 15, art. 9; Asian Charter, supra note 16, art. 7.2 (??); American
Convention, supra note 15, art. 13; American Declaration, supra note 14, art. 4.
24 See Universal Declaration, supra note 9, art. 20(1); Civil and Political Rights, supra note 11, art.
21-22; Fundamental Rights of the EU, supra note 12, art. 12; American Convention, supra note
15, art. 15-16; Arab Charter, supra note 14, art. 28; African Charter, supra note 15, art. 10-11;
Asian Charter, supra note 16; art. 15.2(f); American Declaration, supra note 14, art. 21.
25 See Universal Declaration, supra note 9, art. 16(1); Fundamental Freedoms, supra note 12, art.
12; Fundamental Rights of the EU, supra note 12, art. 9; American Convention, supra note 15,
art. 17(2).
26 See Universal Declaration, supra note 9, art. 16(1); Convention on the Elimination of All Forms
of Discrimination against Women, G.A. Res. 34/180, art. 16 (Dec. 18, 1979) [hereinafter Women].
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