Freedom of Religion
Freedom of religion refers to the right of individuals to practice their chosen religion without interference from the government or other authorities. It encompasses the freedom to worship, express and manifest one's beliefs, and participate in religious activities. This fundamental human right is often enshrined in constitutions and international human rights instruments to protect individuals from discrimination and persecution based on their religious beliefs.
6 Key excerpts on "Freedom of Religion"
eBook - ePubThe Right to Religious Freedom in International Law
Between Group Rights and Individual Rights
- Anat Scolnicov(Author)
- 2010(Publication Date)
- Routledge(Publisher)
...This difficulty will be explored in later chapters. 2.7 Religious political participation There are problems inherent in the concept of religious freedom that make religious freedom impossible to realize within the state. If religious freedom includes the freedom to use religion to oppose the state and its political underpinnings (in a liberal state, democracy, human rights, and, possibly, neutrality), the state cannot maintain both itself and complete, unabridged religious freedom. The state will necessarily provide incomplete protection of religious freedom, especially under the view that claims religious freedom is a group right. While an individual may wish to use religion against principles of the state, organized political activity is much more central to the exercise of religious freedom by a group. Therefore, any limitation on religious participation in the political sphere is injurious to the exercise of group religious freedom. Conversely, any justification of limitations of religious political activity may contribute to a political argument in favour of recognizing religious freedom as an individual, rather than group, right. Examples of such limitations will be discussed in this and in the following sections. In the context of religious freedom, competition between the authority of religion and the authority of the state makes the conflict between group and individual rights much sharper compared to other human rights. It raises some profound problems in all states, and particularly in liberal democracies. These problems, both in quality and in quantity, are distinct from any that arise with other civil institutions. This is because religions are coherent, all-encompassing, externally derived, alternative normative systems to the state...
eBook - ePubFreedom from Religion and Human Rights Law
Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders
- Marika McAdam(Author)
- 2017(Publication Date)
- Routledge(Publisher)
...1 Freedom of Religion or belief This chapter explores the meaning of both ‘religion’ and ‘belief’ in international law, to show that the rights of non-religious and atheist rights-holders are not equally protected relative to those of their religious counterparts. Distinctions between notions of atheism, non-religion and ideological indifference are considered, to understand those concepts and their locus in rights discourse. On the basis of that discussion, pluralism is pointed to as the fundamental principle that must guide interpretation and application of the human right to Freedom of Religion and belief. The various components of Freedom of Religion or belief, as captured by article 18 of the International Covenant on Civil and Political Rights (ICCPR) are then briefly unpacked with a view to exploring the extent to which the right encompasses the spectrum of religions and beliefs, including non-religion, irreligion and atheism. Finally, permissible limitations to manifestations of religion and belief are considered to show the special position of this right above others, and the special place of religions above beliefs. This analysis concludes that article 18 of the ICCPR does not protect freedom to be non-religious or atheist as rigorously as it upholds the right to practise a major, established religion. 1. The meaning of ‘religion’ and ‘belief’ in international law Article 18 1 Everyone shall have the right to freedom of thought, conscience and religion...
- Silvio Ferrari, Mark Hill QC, Arif A Jamal, Rossella Bottoni, Silvio Ferrari, Mark Hill QC, Arif A Jamal, Rossella Bottoni(Authors)
- 2020(Publication Date)
- Routledge(Publisher)
...The Handbook aims to stimulate creative and refreshing ways to (re)think the role of religious freedom in the contemporary world. Likewise, the topic of Freedom of Religion or belief has gained a currency in the political and social discourse of the current age which was far less visible in the past. While some see the concept of human rights as having its fons et origo in the doctrine and practices of the Judeo-Christian tradition, others see them firmly in the post-war rise of secularism, articulated in international instruments such as the Universal Declaration of Human Rights. This Handbook considers the history of the right to Freedom of Religion or belief, but not from exclusively Western and largely Christian perspectives epitomised by such scholarship in the past. Instead, the voices of distinguished contributors are heard in the context of globalisation which has become the hallmark of academic study today. We live in an increasingly multipolar world, where different cultural and religious traditions are re-emerging as reference points and providing a framework for global projects of living together. Due to migration and the globalisation of mass media, the clash of different traditions takes place within the borders of national and regional societies that previously were relatively homogeneous, heightening the level of religious and cultural diversity and conflict. In many parts of the world, this transformation is quite recent and the debate on how to manage it is still ongoing...
eBook - ePubThe Collective Dimension of Freedom of Religion
A Case Study on Turkey
- Mine Y?ld?r?m(Author)
- 2017(Publication Date)
- Routledge(Publisher)
...However, for a meaningful review of the protection of Freedom of Religion or belief, states must be asked to demonstrate that they have an adequate legal framework and facilitative and non-discriminatory practice for the believers to “solicit and receive voluntary financial and other contributions from individuals and institutions”. For example, the ability to establish a legal entity which can open a bank account, receive and send money transfers without a burdensome bureaucratic procedure and state-monitoring and non-discriminatory benefits, are a few practicalities that need to be put in place. 83 Where this right is recognized as a core aspect of Freedom of Religion or belief, international review would require a positive obligation on the part of states to create the legal framework and ensure that any restrictions must be prescribed by law and must pursue a legitimate aim, as enumerated in the relevant provisions and be necessary in a democratic society. The jurisprudence on the application of restrictions rules out those based on merely hypothetical suspicion of states with national security or public order concerns in mind and, therefore, cannot be justified under international law. The OSCE-Venice Commission draw attention to the need to observe the principle of non-discrimination when regulating this right. 84 4.2.7 The Right to Train, Appoint, Elect or Designate by Succession Appropriate Leaders Called for by the Requirements and Standards of any Religion or Belief Diverse religious traditions and beliefs of the world prescribe a wide range of internal organizational structures and leadership patterns. While some have central leadership, others reject central or hierarchical leadership structures and profess that each believer is capable of interpreting sacred texts or performing rituals. Some have structures that transcend national borders, while others have numerous autonomous congregations in a city...
eBook - ePub- Russell Sandberg, Russell Sandberg(Authors)
- 2018(Publication Date)
- Routledge(Publisher)
...7 Freedom of Religion under the European Convention on Human Rights Foreshadowing interpretative dilemmas Peter W. Edge and Lucy Vickers The work Carolyn Evans studied at Melbourne University before undertaking DPhil study at Oxford University as a Rhodes Scholar, initially under the supervision of Professor Mark Janis, and later Professor Guy Goodwin-Gill. She returned to Melbourne in 2000, and is currently Dean of Melbourne Law School. The monograph Freedom of Religion under the European Convention on Human Rights 1 focuses on those provisions of the European Convention on Human Rights most clearly relevant to Freedom of Religion: Article 9, and Article 2 of the First Protocol. These provisions are placed in context, both in terms of the development of Freedom of Religion at the international level, and in terms of the history of the drafting of the provisions. Evans then moves on to sustained consideration of the key legal issues: defining religion or belief (Chapter 4), Freedom of Religion or belief simpliciter (Chapter 5), manifestation of religion or belief (Chapter 6), and, justifiably, limitations on the manifestation of religion or belief (Chapter 7). The text concludes with a focus on a particular problem – how to deal with neutral and generally applicable laws which impact on religion (Chapter 8), and a brief conclusion (Chapter 9). The text is a revised version of Evans’ DPhil thesis. As would be expected of such a work, it was far from Evans’ final word on Law and Religion...
- Erica Howard(Author)
- 2017(Publication Date)
- Routledge(Publisher)
...p.8 1 Freedom of expression and Freedom of Religion under the European Convention on Human Rights Introduction In this Chapter, the fundamental human right to freedom of expression will be examined and this is followed by an analysis of the right to Freedom of Religion because both rights may be involved in cases of religious hate speech. Both rights are guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), freedom of expression in article 10 and Freedom of Religion in article 9. Article 10 ECHR guarantees freedom of expression, which includes the freedom to hold opinions and the freedom to receive and impart information. Article 10(2) determines that this right can be subject to ‘formalities, conditions, restrictions or penalties’ under certain prescribed circumstances as explained below. Article 9 ECHR can be said to guarantee two different rights: the right to freedom of thought, conscience and religion as well as the right to manifest one’s religion. As explained below, the protection for these two rights is different and restrictions or limitations are only allowed in relation to the right to manifest one’s religion. The circumstances under which limitations or restrictions are allowed are clearly prescribed by Article 9(2) ECHR and will be discussed in this chapter. Both the right to freedom of expression and the right to freely manifest one’s religion can thus be restricted and the circumstances under which this can be done are similar, but there are some differences and these will be examined in this chapter. Article 10(2) ECHR, for example, refers to ‘duties and responsibilities’ on those who exercise their right to freedom of expression, but there is no reference to duties and responsibilities in article 9(2) ECHR. Article 9 ECHR explicitly mentions that the right to Freedom of Religion includes the right to change one’s religion...
