Freedom to Manage Religious Affairs (article 26)

Freedom to Manage Religious Affairs: A Global Perspective on Article 26 of the Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR), adopted in 1948, stands as a cornerstone of international human rights law. Its Article 26, focusing on freedom of religion and belief, is a vital pillar of this framework, guaranteeing individuals 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.” This article, however, goes beyond mere individual freedom, extending to the right of “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.” This aspect, often referred to as the “freedom to manage religious affairs,” is crucial for understanding the full scope of religious freedom and its implications for communities and institutions.

This article delves into the complexities of Article 26, exploring its historical context, its interpretation by international bodies, and its application in various national contexts. We will examine the challenges faced in ensuring this right, particularly in relation to the management of religious affairs, and discuss the evolving landscape of religious freedom in the 21st century.

Historical Context and Evolution of Article 26

The right to freedom of religion has a long and complex history, evolving alongside societal and political changes. Early civilizations often intertwined religious beliefs with governance, leading to varying degrees of religious freedom. The Enlightenment era saw a shift towards secularism, emphasizing individual autonomy and separation of church and state. This paved the way for the inclusion of religious freedom in international legal frameworks, culminating in Article 18 of the 1948 UDHR, which laid the foundation for Article 26.

Article 26, however, goes beyond the individual right to change religion or belief. It explicitly recognizes the right to “manifest” one’s religion or belief in various ways, including teaching, practice, worship, and observance. This aspect, often referred to as the “freedom to manage religious affairs,” acknowledges the collective dimension of religious freedom, recognizing the role of religious communities and institutions in shaping and expressing religious beliefs.

International Interpretation and Application of Article 26

The interpretation and application of Article 26 have been shaped by various international bodies, including the United Nations Human Rights Committee (HRC), the European Court of Human Rights (ECtHR), and the Inter-American Court of Human Rights (IACtHR). These bodies have consistently emphasized the importance of protecting both individual and collective religious freedom, recognizing the right of religious communities to manage their affairs autonomously.

Table 1: Key Interpretations of Article 26 by International Bodies

Body	Key Interpretations
UN Human Rights Committee	– Emphasizes the right to establish and maintain religious institutions. – Recognizes the right to manage religious affairs, including appointment of religious leaders and control over religious property. – Stresses the importance of non-interference by the state in religious affairs.
European Court of Human Rights	– Upholds the right of religious communities to organize and manage their affairs, including education and worship. – Protects the right to freedom of association for religious purposes. – Recognizes the right to religious expression in public spaces.
Inter-American Court of Human Rights	– Affirms the right to freedom of religion and belief, including the right to manifest one’s religion in public and private. – Protects the right of religious communities to manage their own affairs, including education and worship. – Emphasizes the importance of non-discrimination based on religion.

These interpretations highlight the broad scope of Article 26, encompassing not only individual rights but also the collective rights of religious communities to manage their affairs. This includes the right to establish and maintain religious institutions, appoint religious leaders, control religious property, and engage in religious activities without undue interference from the state.

Challenges to Freedom to Manage Religious Affairs

Despite the international legal framework, the freedom to manage religious affairs faces numerous challenges in practice. These challenges can be categorized into several key areas:

1. State Interference and Restrictions:

• Regulation of Religious Activities: Some states impose excessive regulations on religious activities, including registration requirements, restrictions on public gatherings, and limitations on religious education. These regulations can hinder the ability of religious communities to function effectively and express their beliefs freely.
• Control over Religious Institutions: In some cases, states exert control over religious institutions, appointing religious leaders, controlling religious property, or interfering in internal decision-making processes. This can undermine the autonomy of religious communities and limit their ability to manage their affairs independently.
• Discrimination and Persecution: Religious minorities often face discrimination and persecution, including restrictions on their right to worship, access to education, and employment opportunities. This can severely limit their ability to practice their faith and manage their religious affairs effectively.

2. Internal Conflicts and Disputes:

• Leadership Disputes: Conflicts within religious communities over leadership positions, doctrinal interpretations, or property ownership can lead to divisions and hinder the ability to manage religious affairs effectively.
• Financial Management: Financial mismanagement or disputes over the use of religious funds can create tensions within religious communities and impact their ability to operate effectively.
• Cultural and Societal Changes: Rapid societal changes, including globalization, secularization, and the rise of new religious movements, can challenge traditional religious practices and create tensions within religious communities.

3. Lack of Awareness and Enforcement:

• Limited Access to Justice: Individuals and religious communities may face difficulties in accessing legal remedies when their rights are violated, particularly in countries with weak legal systems or limited access to justice.
• Lack of Awareness of Rights: Many individuals and communities may be unaware of their rights under Article 26, making it difficult to assert their claims and hold governments accountable.
• Inadequate Enforcement Mechanisms: Even when rights are recognized in law, enforcement mechanisms may be inadequate or ineffective, leading to continued violations of religious freedom.

Case Studies: Examining the Application of Article 26

To illustrate the complexities of Article 26 and the challenges faced in its application, we will examine two case studies:

Case Study 1: The Ahmadiyya Community in Pakistan

The Ahmadiyya community in Pakistan faces significant challenges in managing their religious affairs. They are considered non-Muslims by the Pakistani government and face restrictions on their religious practices, including restrictions on public preaching, proselytizing, and the use of Islamic terminology. The Ahmadiyya community has been subjected to violence and discrimination, highlighting the challenges faced by religious minorities in managing their affairs in a hostile environment.

Case Study 2: The Church of Scientology in the United States

The Church of Scientology in the United States has faced scrutiny and legal challenges related to its practices and management of its affairs. The church has been accused of engaging in unethical practices, including the use of coercive tactics and the exploitation of its members. These allegations have led to legal battles and public controversies, highlighting the challenges of balancing religious freedom with the protection of individual rights.

Evolving Landscape of Religious Freedom in the 21st Century

The 21st century presents a complex and evolving landscape for religious freedom. While international legal frameworks provide a foundation for protecting religious rights, new challenges arise from factors such as:

• Rise of Religious Extremism and Terrorism: The rise of religious extremism and terrorism has led to increased scrutiny of religious communities and heightened security measures, which can sometimes infringe on religious freedom.
• Globalization and Cultural Diversity: Globalization and increased cultural diversity have led to greater interaction between different religious communities, creating opportunities for interfaith dialogue but also potential for conflict.
• Technological Advancements: Technological advancements, including social media and online platforms, have created new avenues for religious expression but also raise concerns about the spread of misinformation and hate speech.

Conclusion: The Importance of Protecting Freedom to Manage Religious Affairs

Protecting the freedom to manage religious affairs is essential for ensuring a society where individuals and communities can freely express their beliefs and live in accordance with their faith. This right is not only a matter of individual freedom but also a fundamental pillar of a just and inclusive society.

To effectively protect this right, it is crucial to:

• Strengthen International Legal Frameworks: International bodies should continue to develop and enforce robust legal frameworks that protect the freedom to manage religious affairs, including the right to establish and maintain religious institutions, appoint religious leaders, and control religious property.
• Promote Interfaith Dialogue and Understanding: Fostering interfaith dialogue and understanding can help to bridge divides between religious communities and promote peaceful coexistence.
• Address Discrimination and Persecution: Governments should take concrete steps to address discrimination and persecution against religious minorities, ensuring that they have equal access to rights and opportunities.
• Promote Education and Awareness: Raising awareness about religious freedom and the rights enshrined in Article 26 is crucial for empowering individuals and communities to assert their rights and hold governments accountable.

By upholding the freedom to manage religious affairs, we can create a world where individuals and communities can live in harmony, respecting each other’s beliefs and contributing to a more just and equitable society.

Frequently Asked Questions on Freedom to Manage Religious Affairs (Article 26)

1. What does “freedom to manage religious affairs” mean in practice?

This right encompasses the ability of religious communities to govern themselves, make decisions about their internal affairs, and express their beliefs freely. It includes:

• Establishing and maintaining religious institutions: This includes building places of worship, schools, and other facilities.
• Appointing religious leaders: Communities have the right to choose their own leaders and decide on their qualifications.
• Controlling religious property: This includes ownership, management, and use of property for religious purposes.
• Engaging in religious activities: This includes worship, teaching, and other practices without undue interference from the state.

2. Does this right apply to all religions and beliefs?

Yes, Article 26 applies to all religions and beliefs, regardless of their size, influence, or popularity. It protects the right of all individuals and communities to practice their faith freely and manage their religious affairs autonomously.

3. Can the state regulate religious activities?

Yes, states can regulate religious activities to ensure public safety, order, and health. However, these regulations must be proportionate, non-discriminatory, and not unduly restrict the freedom to manage religious affairs.

4. What are some examples of state interference in religious affairs?

Examples include:

• Excessive registration requirements: Requiring religious communities to register with the state can be burdensome and hinder their ability to function.
• Restrictions on public gatherings: Limiting the size or frequency of religious gatherings can restrict the right to worship.
• Control over religious education: State control over religious education can limit the ability of religious communities to teach their beliefs.
• Discrimination against religious minorities: This can include restrictions on their right to worship, access to education, and employment opportunities.

5. What can individuals and communities do if their freedom to manage religious affairs is violated?

Individuals and communities can:

• Seek legal remedies: They can file lawsuits or complaints with national or international human rights bodies.
• Advocate for change: They can raise awareness about violations and advocate for policy changes.
• Engage in peaceful protest: They can express their concerns through peaceful demonstrations and public campaigns.

6. How can we promote and protect the freedom to manage religious affairs?

We can:

• Support international legal frameworks: Advocate for strong international laws and mechanisms to protect religious freedom.
• Promote interfaith dialogue: Encourage understanding and cooperation between different religious communities.
• Educate the public: Raise awareness about religious freedom and the importance of respecting diverse beliefs.
• Hold governments accountable: Monitor government actions and challenge violations of religious freedom.

7. What are some challenges to the freedom to manage religious affairs in the 21st century?

Challenges include:

• Rise of religious extremism and terrorism: This can lead to increased scrutiny of religious communities and restrictions on their activities.
• Globalization and cultural diversity: This can create tensions between different religious communities and lead to conflicts.
• Technological advancements: The use of social media and online platforms can raise concerns about the spread of misinformation and hate speech.

8. What is the role of the United Nations in protecting religious freedom?

The UN plays a crucial role in promoting and protecting religious freedom through:

• The Universal Declaration of Human Rights (UDHR): Article 26 guarantees the freedom to manage religious affairs.
• The International Covenant on Civil and Political Rights (ICCPR): Article 18 further elaborates on the right to freedom of religion and belief.
• The Human Rights Committee: This body monitors the implementation of the ICCPR and issues recommendations to states.
• Special Rapporteur on Freedom of Religion or Belief: This independent expert monitors and reports on violations of religious freedom worldwide.

9. What are some examples of successful efforts to protect religious freedom?

Examples include:

• The establishment of interfaith dialogue groups: These groups promote understanding and cooperation between different religious communities.
• The passage of anti-discrimination laws: These laws protect individuals from discrimination based on their religion or belief.
• The creation of independent human rights institutions: These institutions monitor and investigate violations of religious freedom.

10. Why is protecting the freedom to manage religious affairs important?

Protecting this right is essential for:

• Individual freedom: It allows individuals to live in accordance with their beliefs and practice their faith freely.
• Social harmony: It promotes understanding and respect between different religious communities.
• A just and equitable society: It ensures that all individuals have equal rights and opportunities, regardless of their religion or belief.

Here are some multiple-choice questions (MCQs) on Freedom to Manage Religious Affairs (Article 26) with four options each:

1. Which of the following is NOT a right guaranteed by the freedom to manage religious affairs under Article 26 of the Universal Declaration of Human Rights?

a) The right to establish and maintain religious institutions.
b) The right to appoint religious leaders.
c) The right to control religious property.
d) The right to impose religious beliefs on others.

2. Which international body has consistently emphasized the importance of protecting both individual and collective religious freedom?

a) The World Health Organization (WHO)
b) The International Criminal Court (ICC)
c) The United Nations Human Rights Committee (HRC)
d) The International Monetary Fund (IMF)

3. Which of the following is an example of state interference in religious affairs?

a) Providing funding for religious schools.
b) Establishing a national holiday for a religious festival.
c) Requiring religious communities to register with the government.
d) Protecting religious sites from vandalism.

4. Which of the following is a challenge to the freedom to manage religious affairs in the 21st century?

a) The rise of secularism.
b) The decline of religious extremism.
c) The spread of misinformation and hate speech online.
d) The increasing popularity of traditional religions.

5. What is the role of the Special Rapporteur on Freedom of Religion or Belief?

a) To investigate and report on violations of religious freedom worldwide.
b) To provide financial assistance to religious communities.
c) To promote interfaith dialogue and understanding.
d) To establish international legal frameworks for religious freedom.

Answer Key:

1. d) The right to impose religious beliefs on others.
2. c) The United Nations Human Rights Committee (HRC)
3. c) Requiring religious communities to register with the government.
4. c) The spread of misinformation and hate speech online.
5. a) To investigate and report on violations of religious freedom worldwide.