Right to Freedom of Religion (Article 25 – 28)

The Right to Freedom of Religion: A Cornerstone of Human Rights

The right to freedom of religion is a fundamental human right enshrined in international law, recognized as essential for individual dignity and societal harmony. This right, often referred to as freedom of thought, conscience, and religion, encompasses the liberty to hold beliefs, change them, and manifest them in worship, practice, teaching, and observance, both individually and in community with others. This article delves into the legal framework surrounding this right, exploring its scope, limitations, and challenges, with a particular focus on Articles 25-28 of the Universal Declaration of Human Rights (UDHR).

The Universal Declaration of Human Rights: A Foundation for Freedom of Religion

The UDHR, adopted by the United Nations General Assembly in 1948, serves as a cornerstone for international human rights law. Articles 25-28 specifically address the right to freedom of religion, outlining its core principles:

Article 25:

• Right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

• Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26:

• Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

• Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

Article 27:

• Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

• Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28:

• Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

These articles, while not directly addressing freedom of religion in a specific manner, lay the foundation for a society where individuals can freely exercise their beliefs without fear of discrimination or persecution. They emphasize the importance of education, cultural participation, and social order, all of which contribute to a tolerant and inclusive environment where religious freedom can flourish.

International Covenants: Expanding the Scope of Freedom of Religion

The UDHR was followed by two key international covenants that further elaborated on the right to freedom of religion:

• The International Covenant on Civil and Political Rights (ICCPR): This covenant, ratified by 173 countries, explicitly addresses freedom of religion in Article 18, stating that:

  • Everyone shall have the right to freedom of thought, conscience and religion. This right shall include 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 worship, observance, practice and teaching.

  • No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

  • Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

• The International Covenant on Economic, Social and Cultural Rights (ICESCR): While not directly addressing freedom of religion, the ICESCR recognizes the importance of education and cultural participation, both of which are essential for the full realization of religious freedom.

These covenants provide a comprehensive legal framework for the protection of freedom of religion, outlining its scope, limitations, and the responsibility of states to ensure its implementation.

Understanding the Scope of Freedom of Religion

The right to freedom of religion encompasses a wide range of activities, including:

• Freedom of Belief: This includes the right to hold any religious belief, or no belief at all, without fear of persecution or discrimination.
• Freedom of Conscience: This refers to the right to form one’s own moral and ethical convictions, independent of external pressure or coercion.
• Freedom of Worship: This includes the right to practice one’s religion privately or publicly, individually or in community with others.
• Freedom of Expression: This right allows individuals to express their religious beliefs through speech, writing, art, and other forms of communication.
• Freedom of Association: This right enables individuals to form religious groups, organizations, and communities.
• Freedom of Education: This includes the right to receive religious education, as well as the right to establish and operate religious schools.

Limitations on Freedom of Religion

While freedom of religion is a fundamental right, it is not absolute. Certain limitations may be imposed on its exercise, but only under specific conditions:

• Public Safety: Restrictions may be imposed on religious practices that pose a clear and present danger to public safety, such as the use of explosives or the promotion of violence.
• Public Order: Religious activities that disrupt public order, such as loud noise or public disturbances, may be subject to regulation.
• Public Health: Restrictions may be imposed on religious practices that pose a threat to public health, such as the use of certain substances or the performance of certain rituals.
• Morals: Limitations may be imposed on religious practices that are considered offensive to public morals, such as the promotion of hate speech or discrimination.
• Fundamental Rights of Others: Restrictions may be imposed on religious practices that infringe on the fundamental rights of others, such as the right to privacy or the right to freedom of expression.

These limitations must be prescribed by law, be necessary to achieve a legitimate aim, and be proportionate to the aim pursued. They should not be used to suppress or discriminate against religious minorities or to restrict the exercise of freedom of religion for arbitrary or discriminatory reasons.

Challenges to Freedom of Religion

Despite the legal framework protecting freedom of religion, numerous challenges remain:

• Discrimination and Persecution: Religious minorities often face discrimination and persecution, including violence, harassment, and denial of basic rights.
• Restrictions on Religious Practices: Governments may impose restrictions on religious practices, such as the construction of religious buildings, the wearing of religious clothing, or the use of religious symbols.
• Lack of Access to Education: Religious minorities may face difficulties accessing education, particularly in areas where religious education is not available or is restricted.
• Lack of Representation: Religious minorities may be underrepresented in government and other institutions, making it difficult to advocate for their rights.
• Religious Intolerance: Religious intolerance and prejudice can lead to conflict and violence, particularly in societies with diverse religious communities.

Addressing Challenges and Promoting Freedom of Religion

Addressing these challenges requires a multi-faceted approach:

• Strengthening Legal Frameworks: Governments should ensure that their laws and policies are consistent with international human rights standards and provide effective protection for freedom of religion.
• Promoting Education and Tolerance: Education plays a crucial role in promoting understanding and tolerance between different religious groups.
• Combating Discrimination and Persecution: Governments should take concrete steps to combat discrimination and persecution against religious minorities, including providing legal redress for victims.
• Promoting Interfaith Dialogue: Dialogue and cooperation between different religious communities can help to build bridges of understanding and reduce tensions.
• Encouraging Participation: Religious minorities should be encouraged to participate in government and other institutions, ensuring their voices are heard and their rights are protected.

Conclusion: Freedom of Religion – A Shared Responsibility

The right to freedom of religion is a cornerstone of human rights, essential for individual dignity and societal harmony. While significant progress has been made in protecting this right, challenges remain. Addressing these challenges requires a collective effort from governments, civil society, and individuals. By upholding the principles of freedom of religion, we can create a world where everyone can freely exercise their beliefs without fear of discrimination or persecution.

Table: Key Provisions of Articles 25-28 of the UDHR

Table: Key International Instruments Protecting Freedom of Religion

These instruments provide a comprehensive legal framework for the protection of freedom of religion, outlining its scope, limitations, and the responsibility of states to ensure its implementation.

Frequently Asked Questions on Right to Freedom of Religion (Article 25-28)

1. Does the right to freedom of religion apply to everyone?

Yes, the right to freedom of religion is a universal right that applies to everyone, regardless of their religion, belief, or lack thereof. This means that everyone has the right to hold any religious belief, or no belief at all, without fear of persecution or discrimination.

2. What does it mean to “manifest” one’s religion?

“Manifestation” of religion refers to the outward expression of one’s beliefs through various activities, including:

• Worship: Attending religious services, praying, meditating, etc.
• Observance: Following religious practices, such as fasting, dietary restrictions, or celebrating religious holidays.
• Practice: Engaging in religious rituals, ceremonies, or activities.
• Teaching: Sharing religious beliefs with others through education, preaching, or other forms of instruction.

3. Can the government restrict my freedom of religion?

Yes, but only under very specific circumstances. Restrictions on freedom of religion must be:

• Prescribed by law: The restriction must be based on a clear legal framework.
• Necessary: The restriction must be necessary to achieve a legitimate aim, such as protecting public safety, order, health, or morals.
• Proportionate: The restriction must be proportionate to the aim pursued, meaning it should not be overly broad or restrictive.

4. What if my religious practices conflict with the law?

If your religious practices conflict with the law, you may be able to claim a religious exemption. This means that you may be able to be excused from complying with the law if your religious beliefs prevent you from doing so. However, this is not always granted, and the government may still impose restrictions if they are necessary to achieve a legitimate aim.

5. What can I do if my freedom of religion is violated?

If you believe your freedom of religion has been violated, you should:

• Contact a human rights organization: Organizations like Amnesty International or Human Rights Watch can provide legal assistance and advocacy.
• File a complaint with the government: Many countries have mechanisms for filing complaints about human rights violations.
• Seek legal counsel: A lawyer can help you understand your rights and pursue legal action if necessary.

6. How can I promote freedom of religion in my community?

You can promote freedom of religion by:

• Educating yourself and others: Learn about different religions and cultures, and promote understanding and tolerance.
• Speaking out against discrimination: Challenge prejudice and discrimination against religious minorities.
• Supporting interfaith dialogue: Encourage communication and cooperation between different religious groups.
• Advocating for legal protections: Support policies that protect freedom of religion and combat discrimination.

7. What is the role of education in promoting freedom of religion?

Education plays a crucial role in promoting freedom of religion by:

• Promoting understanding and tolerance: Education can help people understand different religious beliefs and practices, fostering respect and empathy.
• Developing critical thinking skills: Education can equip individuals with the skills to critically evaluate information and challenge prejudice.
• Encouraging interfaith dialogue: Education can create opportunities for people from different religious backgrounds to interact and learn from each other.

8. How can I contribute to a society where freedom of religion is respected?

You can contribute to a society where freedom of religion is respected by:

• Treating everyone with respect: Regardless of their religious beliefs, treat everyone with dignity and respect.
• Challenging prejudice and discrimination: Speak out against intolerance and discrimination based on religion.
• Supporting organizations that promote freedom of religion: Donate to or volunteer with organizations that work to protect religious freedom.
• Being an advocate for religious minorities: Stand up for the rights of those who are marginalized or persecuted because of their religion.

Remember, freedom of religion is a fundamental human right that benefits everyone. By understanding and upholding this right, we can create a more just and equitable society for all.

Here are some multiple-choice questions (MCQs) on the Right to Freedom of Religion (Article 25-28), with four options each:

1. Which of the following is NOT explicitly mentioned as a right in Articles 25-28 of the Universal Declaration of Human Rights?

a) Right to education
b) Right to a standard of living adequate for health and well-being
c) Right to freedom of thought, conscience, and religion
d) Right to participate in cultural life

Answer: c) Right to freedom of thought, conscience, and religion (This is explicitly mentioned in Article 18 of the UDHR, not Articles 25-28)

2. Which article of the UDHR emphasizes the importance of education for promoting understanding and tolerance among different religious groups?

a) Article 25
b) Article 26
c) Article 27
d) Article 28

Answer: b) Article 26

3. Which of the following is NOT a legitimate limitation on freedom of religion according to international law?

a) Restrictions on religious practices that pose a threat to public health
b) Restrictions on religious practices that are considered offensive to public morals
c) Restrictions on religious practices based on personal preferences of government officials
d) Restrictions on religious practices that infringe on the fundamental rights of others

Answer: c) Restrictions on religious practices based on personal preferences of government officials

4. Which international covenant explicitly addresses the right to freedom of religion in Article 18?

a) International Covenant on Economic, Social and Cultural Rights (ICESCR)
b) International Covenant on Civil and Political Rights (ICCPR)
c) European Convention on Human Rights (ECHR)
d) American Convention on Human Rights

Answer: b) International Covenant on Civil and Political Rights (ICCPR)

5. Which of the following is an example of “manifestation” of religion as defined by the UDHR?

a) Holding private religious beliefs
b) Attending religious services
c) Changing one’s religion
d) All of the above

Answer: d) All of the above

6. Which of the following is NOT a challenge to freedom of religion in the world today?

a) Discrimination and persecution of religious minorities
b) Restrictions on religious practices by governments
c) Lack of access to education for religious minorities
d) Increased funding for religious schools by governments

Answer: d) Increased funding for religious schools by governments (While this can be a complex issue, it is not generally considered a challenge to freedom of religion in itself)

7. Which of the following is a key principle for addressing challenges to freedom of religion?

a) Strengthening legal frameworks to protect religious freedom
b) Promoting education and tolerance between religious groups
c) Combating discrimination and persecution against religious minorities
d) All of the above

Answer: d) All of the above

8. Which of the following is NOT a way individuals can contribute to promoting freedom of religion in their communities?

a) Educating themselves and others about different religions
b) Speaking out against discrimination and prejudice
c) Supporting interfaith dialogue and cooperation
d) Encouraging the government to restrict religious practices that are considered offensive

Answer: d) Encouraging the government to restrict religious practices that are considered offensive (This goes against the principle of protecting freedom of religion)

These MCQs cover various aspects of the right to freedom of religion as outlined in Articles 25-28 of the UDHR. They highlight the importance of understanding the scope, limitations, and challenges related to this fundamental human right.