Limited Rights: Freedom of Religion
Pages 219-225 – Freedom of Thought, Conscience and Religion
Sources
Article 18 UDHR and Article 18 ICCPR (International Covenant on Civil and Political Rights)
Also found in all regional human rights instruments
Also found in equality and non-discrimination provisions of the ICCPR (Articles 2, 3, 26)
Scope
Article 18 UDHR – ‘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
Includes also the right to have independent thoughts and beliefs and the right to not have to accept a
political ideology or religion you do not agree to
Article 18(4) ICCPR – offers safeguards against the indoctrination of children. Duty on state to respect
the liberty of parents or guardians to determine the religious and moral education of their children in
conformity with their own convictions. Also provided for in Convention on the Rights of the Child (CRC)
Freedom of Religion or Belief
Includes all beliefs and religions
No definition on religion in any human rights instrument
An individual rights but has a collective aspect also. Is a right to hold such belief and to live by them
whether in public or in private, on your own or in a group
Not just traditional religions included, although there are limits to its extent. JAYT v Canada –
Assembly of Church of the Universe who believed marijuana was ‘God’s tree of life’ not allowed to
cultivate or use the drug because of Canadian law. No breach as HR Committee believed in
inconceivable that this could be a protected religious practice.
Manifestation of Religion
Right to manifest through worship, observance, practice and teaching – Article 18 ICCPR
Practices that are merely motivated by religious belief are not protected. Must be connection between
act and belief
Freedom to change Religion or Belief
Rights particularly protested by Islamic faith. It some Muslim countries it is a crime punishable by
death
General Comment 22 (1993) – HR Committee confirms right to change religion is guaranteed under
Article 18 even though wording quite vague about adopting religion of choice
Proselytism
Article 18(2) ICCPR – no coercion of individual in decision to change belief allowed (forced
conversion). Right to persuade others to convert is a protected manifestation of faith though.
Religion and the state
No requirement for separation between religion and state. Only that any state religion must not
supress or discriminate against other faiths
All religions must have freedom to establish communities or organisations and these should be
autonomous in their activities, including in determining their own leadership without influence from
the state
Limitations
Forum internum and forum externum
Article 18(3) ICCOR – manifestation of religion n worship, observance, practice and teaching (the
forum externum) can be limited. Individuals freedom f though, conscience, religion or belief (forum
internum) guaranteed under Article 18(1) must be respected unconditionally
Grounds of limitation
Pages 219-225 – Freedom of Thought, Conscience and Religion
Sources
Article 18 UDHR and Article 18 ICCPR (International Covenant on Civil and Political Rights)
Also found in all regional human rights instruments
Also found in equality and non-discrimination provisions of the ICCPR (Articles 2, 3, 26)
Scope
Article 18 UDHR – ‘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
Includes also the right to have independent thoughts and beliefs and the right to not have to accept a
political ideology or religion you do not agree to
Article 18(4) ICCPR – offers safeguards against the indoctrination of children. Duty on state to respect
the liberty of parents or guardians to determine the religious and moral education of their children in
conformity with their own convictions. Also provided for in Convention on the Rights of the Child (CRC)
Freedom of Religion or Belief
Includes all beliefs and religions
No definition on religion in any human rights instrument
An individual rights but has a collective aspect also. Is a right to hold such belief and to live by them
whether in public or in private, on your own or in a group
Not just traditional religions included, although there are limits to its extent. JAYT v Canada –
Assembly of Church of the Universe who believed marijuana was ‘God’s tree of life’ not allowed to
cultivate or use the drug because of Canadian law. No breach as HR Committee believed in
inconceivable that this could be a protected religious practice.
Manifestation of Religion
Right to manifest through worship, observance, practice and teaching – Article 18 ICCPR
Practices that are merely motivated by religious belief are not protected. Must be connection between
act and belief
Freedom to change Religion or Belief
Rights particularly protested by Islamic faith. It some Muslim countries it is a crime punishable by
death
General Comment 22 (1993) – HR Committee confirms right to change religion is guaranteed under
Article 18 even though wording quite vague about adopting religion of choice
Proselytism
Article 18(2) ICCPR – no coercion of individual in decision to change belief allowed (forced
conversion). Right to persuade others to convert is a protected manifestation of faith though.
Religion and the state
No requirement for separation between religion and state. Only that any state religion must not
supress or discriminate against other faiths
All religions must have freedom to establish communities or organisations and these should be
autonomous in their activities, including in determining their own leadership without influence from
the state
Limitations
Forum internum and forum externum
Article 18(3) ICCOR – manifestation of religion n worship, observance, practice and teaching (the
forum externum) can be limited. Individuals freedom f though, conscience, religion or belief (forum
internum) guaranteed under Article 18(1) must be respected unconditionally
Grounds of limitation
