- User contributions [en]

Freedom of the Press/History/Country sources/Hungary

2024-09-01T03:31:48Z

RightspediaAdmin:

{{Right section
|right=Freedom of the Press
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Hungary
|pageLevel=Breakout
|contents=Law 18 of 1848 asserted protection of freedom of the press.

Hungary protected press freedom under Article 61 of its [[Probable year:: 1949]] Constitution: “The Republic of Hungary recognizes and respects the freedom of the press” (OHCHR, “Act XX of [[Probable year:: 1949]]” ).

Article IX of the [[Probable year:: 2011]] Hungarian Constitution protects press freedom: “Hungary shall recognise and protect the freedom and diversity of the press, and shall ensure the conditions for free dissemination of information necessary for the formation of democratic public opinion” (Constitute Project, “Hungary's Constitution of [[Probable year:: 2011]] with Amendments through [[Probable year:: 2013]]” ).

References:

Hungary Loi 18 de 1848: F.R. Dareste; P. Dareste. Constitutions Modernes: Recueil des Constitutions en Vigueur dans les Divers Etats d'Europe, d'Amerique et du Monde Civilise (3).
https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/comorcv0001&collection=cow&index=cow/comorcv516&id=516#

1949 Hungary Constitution: English translation of the Hungarian original text of the Constitution of 1949 669 (2013) Chapter 8: Rights and Duties of Citizens https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults

“Hungary 2011 (Rev. 2016) Constitution.” Constitute. https://www.constituteproject.org/constitution/Hungary_2016.
}}

Freedom of Religion/History/Country sources/Hungary

2024-09-01T03:29:19Z

RightspediaAdmin:

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Hungary
|pageLevel=Breakout
|contents=Law 20 of 1848 asserted equality among confessions in Hungary.

Article 54 of the 1949 Hungary Constitution guaranteed citizens "freedom of conscience and the right to free exercise of religion."

The Fundamental Law of Hungary was ratified 18 on April 2011. The preamble distinguishes Christianity’s role in preserving nationhood. Articles 7, 9.5, 14.3, 15.2, and 37.4 grant religious freedom, equality, and prohibit religious discrimination. Article 7 states that “[e]veryone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change one's religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practise or teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life” (constituteproject.org).

References:

Hungary Loi 20 de 1848: F.R. Dareste; P. Dareste. Constitutions Modernes: Recueil des Constitutions en Vigueur dans les Divers Etats d'Europe, d'Amerique et du Monde Civilise (3).
https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/comorcv0001&collection=cow&index=cow/comorcv516&id=516#

1949 Hungary Constitution: English translation of the Hungarian original text of the Constitution of 1949 669 (2013)
Chapter 8: Rights and Duties of Citizens
https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults

“Hungary 2011 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Hungary_2016.

Ministry of Justice 2017. “The Fundamental Law of Hungary.” Website of the Hungarian Government. National Assembly of Hungary , May 19, 2017. Last modified May 19, 2017. Accessed June 14, 2022. https://2015-2019.kormany.hu/download/a/68/11000/The_Fundamental_Law_of_Hungary_01072016.pdf.
}}

Freedom of Religion/History/Country sources/Hungary

2024-09-01T03:27:59Z

RightspediaAdmin:

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Hungary
|pageLevel=Breakout
|contents=Law 20 of 1848 asserted confessional equality among confessions in Hungary.

Article 54 of the 1949 Hungary Constitution guaranteed citizens "freedom of conscience and the right to free exercise of religion."

The Fundamental Law of Hungary was ratified 18 on April 2011. The preamble distinguishes Christianity’s role in preserving nationhood. Articles 7, 9.5, 14.3, 15.2, and 37.4 grant religious freedom, equality, and prohibit religious discrimination. Article 7 states that “[e]veryone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change one's religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practise or teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life” (constituteproject.org).

References:

Hungary Loi 20 de 1848: F.R. Dareste; P. Dareste. Constitutions Modernes: Recueil des Constitutions en Vigueur dans les Divers Etats d'Europe, d'Amerique et du Monde Civilise (3).
https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/comorcv0001&collection=cow&index=cow/comorcv516&id=516#

1949 Hungary Constitution: English translation of the Hungarian original text of the Constitution of 1949 669 (2013)
Chapter 8: Rights and Duties of Citizens
https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults

“Hungary 2011 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Hungary_2016.

Ministry of Justice 2017. “The Fundamental Law of Hungary.” Website of the Hungarian Government. National Assembly of Hungary , May 19, 2017. Last modified May 19, 2017. Accessed June 14, 2022. https://2015-2019.kormany.hu/download/a/68/11000/The_Fundamental_Law_of_Hungary_01072016.pdf.
}}

Freedom of Religion/History/Country sources/Hungary

2024-09-01T03:21:18Z

RightspediaAdmin:

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Hungary
|pageLevel=Breakout
|contents=Article 54 of the 1949 Hungary Constitution guaranteed citizens "freedom of conscience and the right to free exercise of religion."

The Fundamental Law of Hungary was ratified 18 on April 2011. The preamble distinguishes Christianity’s role in preserving nationhood. Articles 7, 9.5, 14.3, 15.2, and 37.4 grant religious freedom, equality, and prohibit religious discrimination. Article 7 states that “[e]veryone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change one's religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practise or teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life” (constituteproject.org).

References:

1949 Hungary Constitution: English translation of the Hungarian original text of the Constitution of 1949 669 (2013)
Chapter 8: Rights and Duties of Citizens
https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults

“Hungary 2011 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Hungary_2016.

Ministry of Justice 2017. “The Fundamental Law of Hungary.” Website of the Hungarian Government. National Assembly of Hungary , May 19, 2017. Last modified May 19, 2017. Accessed June 14, 2022. https://2015-2019.kormany.hu/download/a/68/11000/The_Fundamental_Law_of_Hungary_01072016.pdf.
}}

Freedom of the Press/History/Country sources/Guyana

2024-09-01T02:55:33Z

RightspediaAdmin:

{{Right section
|right=Freedom of the Press
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guyana
|pageLevel=Breakout
|contents=Article 12 of the 1966 Constitution of Guyana offers a broad definition of freedom of expression, one which includes main elements of freedom of the press, including the “freedom to receive ideas and information without interference," and the "freedom to communicate ideas and information without interference”.

References:

1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf.
}}

Freedom of Religion/History/Country sources/Guyana

2024-09-01T02:50:19Z

RightspediaAdmin:

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guyana
|pageLevel=Breakout
|contents=Article 11 of the 1966 Constitution protected freedom of conscience, described as including: "freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others. and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance."

The Constitution of the Co-operative Republic of Guyana Act was ratified 20th February, 1980. Articles 38(f), 145.2, and 145.3 grant religious freedom, equality, and prohibit religious discrimination. Articles 212B(a) and 212D(f) establish an Ethnic Relations Commission to protect religious diversity. Article 145 Sections 1-6. Section 1 states that “[e]xcept with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance” (constituteproject.org).

References:

1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf.

Parliament of Guyana. “Constitution of the Co-Operative Republic of Guyana Act .” Parliament Government of Guyana. National Assembly of the Parliament of Guyana, January 2012. Last modified January 2012. Accessed June 14, 2022. https://parliament.gov.gy/Constitution%20of%20the%20Cooperatiive%20Republic%20of%20Guyana.pdf.

“Guyana 1980 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guyana_2016.
}}

Freedom of Expression/History/Country sources/Guinea-Bissau

2024-09-01T02:45:07Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guinea-Bissau
|pageLevel=Breakout
|contents=Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17. The 1984 version, amended in 1993, individually grants freedom of expression in Article 51.

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s

English Translation of the Portuguese Original Text of the Constitution of 1984 as Amended by Constitutional Law No. 1/95 of 1 December 1995 and Constitutional Law No. 1/96 of 16 December 1996, 13 (2023) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgw0008&id=13&men_tab=srchresults
}}

Privacy Rights/History/Country sources/Guinea-Bissau

2024-09-01T02:44:06Z

RightspediaAdmin:

{{Right section
|right=Privacy Rights
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guinea-Bissau
|pageLevel=Breakout
|contents=According to Article 19 of the 1973 Gunea-Bissau Constitution"The state shall recognize the right of citizens to the inviolability of the domicile and the secrecy of commerce."

Article 44 of the [[Probable year:: 1984]] constitution grants the right to protection of personal and private life. Article 48 grants privacy in the home and correspondence (Constitute Project, “Guinea-Bissau [[Probable year:: 1984]] rev. [[Probable year:: 1996]]” ).

References:

1973 Guines-Bissau Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s

1984 Guinea-Bissau Constitution: https://constituteproject.org/constitution/Guinea_Bissau_[[Probable year:: 1996]]? lang=en
}}

Freedom of Expression/History/Country sources/Guinea-Bissau

2024-09-01T02:39:41Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guinea-Bissau
|pageLevel=Breakout
|contents=Guinea-Bissau’s second Constitution, created in 1973, groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17. The 1984 version, amended in 1993, individually grants freedom of expression in Article 51.

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s

English Translation of the Portuguese Original Text of the Constitution of 1984 as Amended by Constitutional Law No. 1/95 of 1 December 1995 and Constitutional Law No. 1/96 of 16 December 1996, 13 (2023) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgw0008&id=13&men_tab=srchresults
}}

Freedom of Religion/History/Country sources/Guinea-Bissau

2024-09-01T02:38:26Z

RightspediaAdmin:

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guinea-Bissau
|pageLevel=Breakout
|contents=Freedom of worship was guaranteed in Article 17 of Guinea-Bissau’s 1973 Constitution.

The Constitution of Guinea-Bissau was ratified on 6 May 1984. Articles 6.2, 24, 31.2, and 52 grant religious freedom, equality, and prohibit religious discrimination. Articles 1 and 130 declares Guinea-Bissau a secular state; and Article 6.1 declares a separation between church and state. Article 52 Sections 1-3 of the constitution establishes that “1. Freedom of conscience and of religion is inviolable. 2. All are assured the liberty of worship, which in no manner may violate the fundamental principles established by this Constitution. 3. The freedom to teach any religion under its denomination is guaranteed” (constituteproject.org).

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s

“Guinea-Bissau 1984 (Rev. 1996) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guinea_Bissau_1996.
}}

Freedom of Association/History/Country sources/Guinea-Bissau

2024-09-01T02:34:27Z

RightspediaAdmin:

{{Right section
|right=Freedom of Association
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guinea-Bissau
|pageLevel=Breakout
|contents=Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s second Constitution, created in 1973, groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.
}}

Freedom of Association/History/Country sources/Guinea-Bissau

2024-09-01T02:33:25Z

RightspediaAdmin:

{{Right section
|right=Freedom of Association
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guinea-Bissau
|pageLevel=Breakout
|contents=Guinea-Bissau’s second Constitution, created in 1973, groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s second Constitution, created in 1973, groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.
}}

Freedom of the Press/History/Country sources/Guinea

2024-09-01T01:58:43Z

RightspediaAdmin:

{{Right section
|right=Freedom of the Press
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guinea
|pageLevel=Breakout
|contents=Article 40 of the 1958 Constitution of Guinea guaranteed freedom of the press.

Article 7 of the [[Probable year:: 1990]] Guinean Constitution protected freedom to “express, manifest, disseminate…ideas and opinions through speech, writing and image. He is free to learn and obtain information from sources accessible to all” (WIPO, “Constitution du 23 décembre [[Probable year:: 1990]]” ) [Translated from French]

Today, Article 7 of Guinea’s [[Probable year:: 2010]] Constitution protects press freedom: “The freedom of the Press is guaranteed and protected. The creation of an organ of [the] press or of [the] media for political, economical, social, cultural, sports, recreational or scientific information is free” (Constitute Project, “Guinea's Constitution of [[Probable year:: 2010]]” ).

References:

1958 Guinea Constitution: République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm.

1990 Guinea Constitution:English Translation of the French Original Text of the Fundamental Law of 1990, 4 (2021) https://heinonline.org/HOL/Page?handle=hein.cow/zzgn0016&id=4&collection=cow&index=

2010 Guinea Constitution: https://www.constituteproject.org/constitution/Guinea_2010.
}}

Freedom of Religion/History/Country sources/Guinea

2024-09-01T01:54:40Z

RightspediaAdmin:

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Guinea
|pageLevel=Breakout
|contents=Article 41 of the 1958 Constitution of the Republic of Guinea guaranteed freedom of conscience.

In the 2010 Constitution of the Republic of Guinea. Articles 1, 4, 7, 8, 11, and 14 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Guinea a secular state. Article 14 of Guinea’s constitution establishes that “the free exercise of worship [culte] is guaranteed, under reserve of the respect for the law and the public order. The religious institutions and communities are created and administered freely” (constituteproject.org).

References:

1958 Guinea Constitution: République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm.

“Guinea 2010 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guinea_2010.
}}

Freedom of the Press/History/Country sources/Federated States of Micronesia

2024-09-01T01:48:57Z

RightspediaAdmin:

{{Right section
|right=Freedom of the Press
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Federated States of Micronesia
|pageLevel=Breakout
|contents=Article IV of Micronesia’s [[Probable year:: 1978]] Constitution protects freedom of expression, assembly, association, and petition (UNESCO, “The Constitution of the Federated States of Micronesia”).
}}

Voting Rights and Suffrage/History/Country sources/Eritrea

2024-09-01T01:45:40Z

RightspediaAdmin:

{{Right section
|right=Voting Rights and Suffrage
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Eritrea
|pageLevel=Breakout
|contents=Article 30 of the 1997 Constitution states: "All Eritrean citizens, of eighteen years of age or more, shall have the right to vote."

References:

Eritrea 1997 Constitution: https://www.constituteproject.org/constitution/Eritrea_1997?lang=en.
}}

Privacy Rights/Most countries

2024-09-01T01:36:04Z

RightspediaAdmin: Created page with "{{Right section |right=Privacy Rights |section=Legal Codification |question=Most countries |questionHeading=Is this right protected in the Constitutions of most countries today? |pageLevel=Question |contents=The right to privacy is a widely accepted right throughout the world. Currently, 186 constitutions around the globe include the right to privacy. Within these constitutions however, there are discrepancies in the language and what is considered to fall under the ‘r..."

{{Right section
|right=Privacy Rights
|section=Legal Codification
|question=Most countries
|questionHeading=Is this right protected in the Constitutions of most countries today?
|pageLevel=Question
|contents=The right to privacy is a widely accepted right throughout the world. Currently, 186 constitutions around the globe include the right to privacy. Within these constitutions however, there are discrepancies in the language and what is considered to fall under the ‘right to privacy’ umbrella. In the most obvious cases, there is a considerable differentiation between the age of the constitutions being compared. For example, the United States has maintained the same Constitution since 1789 with its last alteration being the 27th Amendment in 1992. Privacy, however, was addressed in the 4th Amendment in 1791 which states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”(U.S. Constitution- Fourth Amendment). While formal alterations or additions to the US Constitution have been relatively scarce, the United States legal system, as it pertains to the Constitution, has evolved. Through judicial review, the Supreme Court has applied interpretations to the original document. We see this instance in the 1960 Supreme Court Case Griswold v. Connecticut. This landmark case ruled that the Constitution protected the right of marital privacy (Griswold v. Connecticut, 381 U.S. 479 (1965)). This provides insight on how the US addresses rights, like the right to privacy, that are not explicitly stated in the Constitution.

Looking at other countries suggests some of the range of approaches to the right to privacy. For an alternate example we can look to the current constitution of Albania. Albania’s active constitution was ratified in 1998 with the latest modification being made in 2016. Articles 35-37 of the constitution addresses the right to privacy in much broader scope than the United States, “No one may be obliged, except when the law requires it, to make public the data connected with his person,” (Constitute Project 2020) “The freedom and secrecy of correspondence or any other means of communication are guaranteed,” and “The inviolability of the residence is guaranteed.” (Constitute Project 2020) More is included within these articles but the three main points address the “data,” the communication, and the residence of the individual. Clearly, the language used in Albania’s constitution applies to a lot more aspects of one's privacy than the language used in the US constitution. With that said, the structure of Albania’s government differs from that of the United States, especially when it comes to the judicial system. Albania has a Supreme Court and a Constitutional Court. The latter is responsible for interpreting “the compatibility of international agreements with the mandates of the Constitution prior to their ratification; verifies compliance with the Constitution in legislative acts passed by local, regional and central government bodies; and adjudicates individual citizens’ claims of constitutional rights breaches and violations,” (“Researching the Albanian Legal System” 2019). Furthermore, “Judicial review by the Constitutional Court may be requested upon petitions submitted by the President of the Republic, the Prime Minister, 1/5th of Parliament’s members, the Head of High State Control as well as any lower court,” (“Researching the Albanian Legal System” 2019). A specific example of this occurred in 2008 as law no. 9887, “On Protection of Personal Data,” expanded and defined privacy rights as it pertained to personal data. This was brought forward by the Council of Ministers, which falls under the executive branch of the Albanian government. This same law was then subsequently amended in 2012 and 2014 to modify the right to privacy in an era of technology. We can see these protections in action as six different multinational companies were fined in April of 2024 for violating Albania's privacy rights (“Albania” 2024). In Albania, there are more avenues for other branches of government to directly bring forward issues of constitutionality and, as we have seen with law no. 9887, propose new legislation meant to refine or analyze contemporary applications of constitutional law. Additionally, justices, for both the Supreme Court and Constitutional Court, serve for a single term of 9 years. This is just another factor in how constitutional rights are interpreted and applied. In 2020, Algeria enacted its current constitution which shares similar constitutional provisions on the right to privacy. In articles 47 and 48 it confirms that, “Every person shall have the right to the protection of his honor and private life. Every person shall have the right to the confidentiality of his correspondence and private communications in all their forms…The protection of individuals when handling personal data shall be a fundamental right.” (Constitute Project 2020).

Another longstanding constitution, that of the Kingdom of the Netherlands, was originally enacted in 1814 but has been subsequently amended up until the year 2008. Articles 10, 12, and 13 state, “Everyone shall have the right to respect for his privacy, without prejudice to restrictions laid down by or pursuant to Act of Parliament,”(Constitute Project 2020) “Entry into a home against the will of the occupant shall be permitted only in the cases laid down by or pursuant to Act of Parliament, by those designated for the purpose by or pursuant to Act of Parliament,”(Constitute Project 2020) and “The privacy of correspondence shall not be violated except in the cases laid down by Act of Parliament, by order of the courts. The privacy of the telephone and telegraph shall not be violated except, in the cases laid down by Act of Parliament, by or with the authorization of those designated for the purpose by Act of Parliament.” (Constitute Project 2020) Again, there is more included within the official articles, but the main points are delivered. Communication and residence are clearly stated but one's data, as proclaimed by the previous two constitutions, is not explicitly stated. We can also look towards Somalia’s constitution which was enacted in 2012 that states, “The home and other dwellings of the person shall be inviolable, and their entry, search or surveillance shall not be allowed without a reasoned order from a judge. Any such order must be read properly to the occupier of the dwelling before entry, and the inspecting authority is prohibited to violate the law,” (Constitute Project 2020). Here, the right to privacy explicitly secures one’s home but not much else. How one’s “other dwellings” are officially defined is not included in the country’s constitution. So, in looking at these examples, and various others, it is hard to definitively define the extent of one's “right to privacy” as there is no international consensus and the language used in many constitutions worldwide are not cut and dry. Furthermore, while the age of a country’s constitution may be a factor, how their political system is structured is also an important consideration when determining the scope of this right.

References:

Congress.gov. 2022. “U.S. Constitution - Fourth Amendment - Resources - Constitution
Annotated - Congress.gov - Library of Congress.” Constitution.congress.gov. Constitution
Annotated. 2022. https://constitution.congress.gov/constitution/amendment-4/.

“Researching the Albanian Legal System.” n.d. GlobaLex - Foreign and International Law
Research. Accessed July 30,
2024. https://www.nyulawglobal.org/globalex/Albania1.html#thejudi.

“Albania.” n.d. DataGuidance. Accessed July 30, 2024.
https://www.dataguidance.com/jurisdiction/albania.

Read. 2020. “Read about ‘Right to Privacy’ on Constitute.” Constituteproject.org. 2020.
https://www.constituteproject.org/constitutions?key=privacy.

Griswold v. Connecticut, 381 U.S. 479 (1965)
}}

Freedom of Religion/History/Country sources/Platonism

2024-09-01T01:24:39Z

RightspediaAdmin:

{{Right section
|right=Privacy Rights
|section=Philosophical Origins
|question=Tradition contributions
|questionHeading=What have religious and philosophical traditions contributed to our understanding of this right?
|breakout=Platonism
|pageLevel=Breakout
|contents=As with many of Plato's views, it is challenging to definitively pinpoint his stance on privacy given the variability of his perspectives across different dialogues.

In The Republic, Plato, through Socrates, outlines a vision of an ideal state that significantly diminishes the role of privacy. He advocates for communal living among the guardian class, proposing that women and children be shared among all men and that no parent or child know their biological family (Plato, 457d). Moreover, “there mustn’t be private houses for them, nor land, nor any possession. Instead they must get their livelihood from the others, as a wage for guarding, and use it up in common all together” (Plato, 464c). This communal arrangement is intended to prevent personal ties and conflicts of interest, ensuring that the guardians' loyalty and dedication are solely to the state and its welfare.

This is reinforced in Plato’s The Laws, where the Athenian Stranger asserts that the highest form of state, government, and law is one in which "Friends have all things in common” (Moore, 1). He paints an ideal society (Magnesia) where private ownership and individual distinctions are entirely eliminated. Here too communal living is emphasized to the extent that women, children, and property are shared, and things naturally private become common. The Athenian Stranger contends that no state can be truer or more exalted in virtue unless it adopts these principles (Plato, Book V, para 13).

In The Apology and Crito, Plato presents a different view that, according to Konvitz, makes Socrates a pivotal figure in the development of the concept of privacy (Konvitz, 273). In The Apology, Socrates explains that he avoids public political activity because it is fraught with corruption and opposition to just actions. He argues that remaining a private citizen allows him to continue his philosophical mission of questioning, advising, and encouraging others to pursue virtue. Socrates asserts that those who fight for justice should do so privately to preserve their lives and integrity, suggesting that true philosophical work requires a degree of separation from the public sphere (Apology 31d-32a).

Similarly, in Crito, Socrates emphasizes the distinction between the physical body and the true self, which he identifies with the soul (Konvitz, 273). As he faces death, he tells Crito that the true Socrates is not the body that will be buried but the soul that transcends physical death. This conversation highlights Socrates' belief that the essence of a person lies in their inner self, not in their physical presence or public identity. His emphasis on the inner self versus the outer, physical existence underscores a key aspect of the concept of privacy: the idea that there is an inner realm of personal identity and thought that remains separate and protected from public intrusion (Konvitz, 273). By focusing on the soul as the true self, Socrates' philosophy supports the notion of a private, inviolable space where individuals can be truly themselves, free from external influence and societal roles. According to Adam Moore, this concept provided some backdrop for later debates regarding the importance of privacy and personal autonomy (Moore, 1).

These contrasting positions raise the question of how to reconcile Plato's stance on privacy. Some scholars like Adam Moore distinguish between the Socrates in The Republic and The Laws, and the Socrates in The Apology (Moore, 1). He regards the communal living ideas presented in The Republic and The Laws as representative of Plato's stance, which is “openly hostile towards privacy”, and the views in The Apology to be representative of Socrates' (Moore,1). Aristotle also critiques “Plato in the Republic,” arguing that both the end and the means of his proposed communal living are flawed: “The abolition of property will produce, not remove, dissension. Communism of wives and children will destroy natural affection” (Aristotle, Book II, Chapter 3). He further contends that the differentiation of functions is a natural law and trying to enforce absolute uniformity is impractical and unnatural.

References

Adam D. Moore, "Privacy," in The International Encyclopedia of Ethics, 11 Volume Set, 2nd ed., edited by Hugh LaFollette (Hoboken, NJ: Wiley-Blackwell, 2022), accessed July 27, 2024, http://faculty.washington.edu/moore2/IEEP.pdf.

Aristotle. Politics. Translated by Benjamin Jowett. Bard College. Accessed July 28, 2024. https://www.bard.edu/library/arendt/pdfs/Aristotle-Politics.pdf.

Milton R. Konvitz, "Privacy and the Law: A Philosophical Prelude," Law and Contemporary Problems 31, no. 2 (1966): 272-291, accessed July 26, 2024, https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3108&context=lcp.

Plato. The Republic of Plato. Translated with an interpretive essay by Allan Bloom. Introduction by Adam Kirsch. New York: Basic Books, 2016.

Plato. Laws. Translated by Benjamin Jowett. Project Gutenberg, 2008 https://www.gutenberg.org/files/1750/1750-h/1750-h.htm.
}}

Freedom of Religion/History/Country sources/Stoicism

2024-09-01T00:53:18Z

RightspediaAdmin:

{{Right section
|right=Voting Rights and Suffrage
|section=Philosophical Origins
|question=Tradition contributions
|questionHeading=What have religious and philosophical traditions contributed to our understanding of this right?
|breakout=Stoicism
|pageLevel=Breakout
|contents=While ancient Stoics did not explicitly discuss voting rights, some of their concepts and principles offer insights into how it might be perceived. One such concept is the Stoic idea of natural law, which posits that there is a universal moral order inherent in the nature of the universe and human beings (Grayling, 2019, 111-112). Living in accordance with it meant aligning one’s actions with reason, which involved practicing the four cardinal virtues: wisdom (prudence), courage, justice, and temperance (moderation). These virtues, known as aretai (plural of aretē), are always good and beneficial, as opposed to “what can sometimes have value (axia)”, such as wealth, health, and honor (Garrett, 2000; Grayling, 2019, 111). According to Stoic philosophy, though we are naturally predisposed to seek the latter due to our inherent tendency to care for ourselves (oikeiosis), they are not good as such and thus do not lead to true happiness (Grayling, 2019, 111).

Justice, as one of the cardinal values, is a fundamental aspect of Stoic ethics that demands fairness and contributing to the common good. As the Roman Emperor and Stoic philosopher Marcus Aurelius (2001) states, "to care for all men generally, is agreeing to the nature of a man" (Book 3, Verse 4). It therefore goes beyond mere legalistic fairness and embodies a deeper ethical commitment to the well-being of all human beings. One way that this principle is realized is through active engagement in societal and communal affairs. Such participation allows individuals to practice the virtue of justice by advocating for policies that protect the rights and well-being of others. Voting falls within this realm of engagement, serving as a way for individuals to be involved in the political process.

Other prominent Stoic figures like Cato the Younger and Seneca also highlight the importance of such involvement in the governance of one's community. Cato the Younger, a staunch defender of the Roman Republic, emphasized the importance of participating in government to safeguard one’s happiness and well-being. His words, “Some have said that it is not the business of private men to meddle with government–a bold and dishonest saying...To say that private men have nothing to do with government is to say that private men have nothing to do with their own happiness or misery,” underscore the critical importance he placed on civic engagement for both personal fulfillment and the collective good (DePriest, n.d.). This point is further illustrated by a quote commonly attributed to Seneca: “He who does not prevent a crime when he can, encourages it”. While Seneca's focus here is on the prevention of wrongdoing, it aligns with the Stoic principle of taking proactive steps to address societal issues, which voting facilitates.

Assuming the Stoics would support the practice of voting, the question arises as to whether they would advocate for universal suffrage or impose certain restrictions or eligibility requirements. Their concept of natural law assumes humans to be rational beings that are capable of understanding and participating in the governance of society, suggesting that they might support broad participation in the voting process as a means to achieve just and rational outcomes. They would also emphasize the importance of citizens embodying the cardinal virtues in exercising their voting rights to ensure informed and rational participation in governance. Any further inferences would be speculative, as the Stoics did not write about specific political mechanisms like voting. It may be easier to discuss those on the other end of the voting process, i.e., candidates, as the Stoics have extensive discussions on ethical exemplars that provide more substantial guidance on what they might expect from those in positions of authority. Otherwise, the most that could be said without imposing modern interpretations is that the Stoics were strong proponents of civic participation and would emphasize the importance of virtue and rationality in those who engage in governance.

References:

Grayling, A.C. The History of Philosophy. Penguin Random House UK, 2019, 108-115.

Garrett, Jan. "Values in Classical Stoicism." Last modified August 2000. Accessed July 17, 2024. https://people.wku.edu/jan.garrett/stoa/stovals.htm.

Epictetus. Discourses. Translated by George Long. MIT Classics Archive. Accessed July 17, 2024. https://classics.mit.edu/Epictetus/discourses.1.one.html.

Jennings DePriest. "Naked, Starved, Deceived, and Destroyed: A Stoic’s Guide to Elections." Daily Stoic, accessed July 15, 2024. https://dailystoic.com/stoic-guide-election/.

Marcus Aurelius. Meditations. Translated by J. Boulton. Project Gutenberg. Released June 1, 2001. Last updated March 9, 2021. https://www.gutenberg.org/cache/epub/2680/pg2680-images.html#link2H_4_0035.
}}

Voting Rights and Suffrage/Specific limitations

2024-09-01T00:43:09Z

RightspediaAdmin: Created page with "{{Right section |right=Voting Rights and Suffrage |section=Limitations - Restrictions |question=Specific limitations |questionHeading=Is this right subject to specific limitations in event of emergency (war, brief natural disaster [weather, earthquake], long-run natural disaster [volcano, fire, disease])? Can such limitations be defined in advance with reference to the disaster in question? |pageLevel=Question |contents=The fundamental right to vote has remained resilien..."

{{Right section
|right=Voting Rights and Suffrage
|section=Limitations - Restrictions
|question=Specific limitations
|questionHeading=Is this right subject to specific limitations in event of emergency (war, brief natural disaster [weather, earthquake], long-run natural disaster [volcano, fire, disease])? Can such limitations be defined in advance with reference to the disaster in question?
|pageLevel=Question
|contents=The fundamental right to vote has remained resilient during both state and national emergencies. Voting access in the United States is primarily governed by state law. Federal laws prohibit a range of restrictions of this right, as has been a historical commitment. As noted in Arizona v. Inter Tribal Council of Arizona (2013), the Supreme Court described Congress’s federal election regulation power as “paramount,” emphasizing that it “may be exercised at any time, and to any extent which [Congress] deems expedient” (National Constitution Center, 2024). Article II, Section 2 of the Constitution does not grant the President the power to postpone or alter elections, clearly delineating their authority (Congress.gov, 2024). In 1845, Congress established the federal election day as “the Tuesday next after the 1st Monday in November, in every even numbered year” (Legal Information Institute, 2024). This framework has provided a longstanding structure for U.S. elections.

Chapter 68 of Title 42 U.S.C. § 5122 defines an emergency as “any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States” (“42 USC 5122: Definitions,” 2018). Similarly, Chapter 34 of Title 50 in the U.S. Code states, “With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency” (“50 U.S. Code Chapter 34 – National Emergencies,” 2024). Elections have continued to be held during times of war. For example, President Lincoln was elected during the Civil War, and President Franklin Roosevelt was re-elected during World War II (Best Best & Krieger LLP, 2024). The specific measures to mitigate the impact of emergencies on elections are determined at the state level. During times of war, if a national or state emergency is declared, states may adjust their election processes accordingly, upholding accessibility to voting to the best of their ability. In Kansas, for example, K.S.A. § 25-622 states that “The secretary of state can adopt alternative methods for distributing ballots in a time of war, equipment failure, or disaster that makes it impossible for voters in an area to obtain ballots” (“25-622,” 2024). States such as Idaho, Kentucky, New York, Oregon, South Dakota, and Utah have policies in place to delay or reschedule elections in the event of an emergency (“Election Emergencies,” 2024).

This holds during emergencies relating to severe weather. Severe weather emergencies are understood under Title 42 as “any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby” (“42 USC 5122: Definitions” 2018). For example, in South Dakota, “Local election boards can delay an election (except for primary or general elections) for 1 week due to weather” (“Election Emergencies” 2024). A governor can request the President to issue a declaration of a major disaster or emergency under this chapter upon "finding that [a] disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments and that Federal assistance is necessary” (“42 USC 5122: Definitions” 2018).

References

“A Guide to Emergency Powers and Their Use.” 2018. Brennan Center for Justice. December 5, 2018. https://www.brennancenter.org/our-work/research-reports/guide-emergency-powers-and-their-use.

Best Best & Krieger LLP. "Postponing a Presidential Election and the Law." Accessed August 1, 2024. https://bbklaw.com/resources/postponing-a-presidential-election-and-the-law.

Congress.gov. "Browse: Article II, Section 2." Accessed July 28, 2024. https://constitution.congress.gov/browse/article-2/section-2/#:~:text=The%20President%20shall%20have%20Power,End%20of%20their%20next%20Session.

“Election Emergencies.” 2024. Ncsl.org. 2024. https://www.ncsl.org/elections-and-campaigns/election-emergencies#election.

Legal Information Institute. "2 U.S. Code § 7 - Time of Election." Accessed July 27, 2024. https://www.law.cornell.edu/uscode/text/2/7.

National Constitution Center. "Elections Clause." Last modified 2024. Accessed July 28, 2024. https://constitutioncenter.org/the-constitution/articles/article-i/clauses/750.

Oyez. "Arizona v. Inter Tribal Council of Arizona." Accessed August 1, 2024. https://www.oyez.org/cases/2012/12-71.

“25-622.” 2024. Ksrevisor.org. 2024. https://www.ksrevisor.org/statutes/chapters/ch25/025_006_0022.html.

“42 U.S. Code § 5122 - Definitions.” 2015. LII / Legal Information Institute. 2015. https://www.law.cornell.edu/uscode/text/42/5122.

“42 USC 5122: Definitions.” 2018. House.gov. 2018. https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title42-section5122&num=0&edition=1999#:~:text=%2D%22Major%20disaster%22%20means%20any.

“50 U.S. Code Chapter 34 - NATIONAL EMERGENCIES.” 2024. LII / Legal Information Institute. 2024. https://www.law.cornell.edu/uscode/text/50/chapter-34.
}}

Freedom of Religion/History/Country sources/Current Utilitarianism

2024-08-19T12:02:30Z

RightspediaAdmin: Created page with "{{Right section |right=Freedom of Religion |section=Philosophical Origins |question=Tradition contributions |questionHeading=What have religious and philosophical traditions contributed to our understanding of this right? |breakout=Current Utilitarianism |pageLevel=Breakout |contents=Modern utilitarianism, as communicated by thinkers such as Richard M. Hare, Peter Singer and David Lyons among others, has a relatively complex relationship regarding the freedom of religion..."

{{Right section
|right=Freedom of Religion
|section=Philosophical Origins
|question=Tradition contributions
|questionHeading=What have religious and philosophical traditions contributed to our understanding of this right?
|breakout=Current Utilitarianism
|pageLevel=Breakout
|contents=Modern utilitarianism, as communicated by thinkers such as Richard M. Hare, Peter Singer and David Lyons among others, has a relatively complex relationship regarding the freedom of religion and religion itself. Utilitarianism itself has been applied to various areas of knowledge from politics to economics to psychology but it has had many critiques since its growth in popularity in the 18th century.

Before commenting on the utilitarian perspective on the freedom of religion, utilitarianism itself must be defined. Utilitarians believe that the most ethical choice in any circumstance is the choice that results in the maximization of welfare for as many people as possible. Impartiality is one of the most important aspects of utilitarianism. It rests on the assumption that all are afforded the same moral consideration of their well-being regardless of, “gender, race, nationality, or even species,” but it is also based on a “family of related ethical theories,”(MacAskill et al. 2023). Richard M. Hare describes it like this: “[W]hat the principle of utility requires of me is to do for each man affected by my actions what I wish were done for me in the hypothetical circumstances that I were in precisely his situation; and, if my actions affect more than one man… to do what I wish, all in all, to be done for me in the hypothetical circumstances that I occupied all their situations”(Hare, 1982).The maximization of total welfare is also an integral pillar of utilitarianism as utilitarians are concerned with the consequences of one's actions rather than the actions themselves. In other words, the action itself has no intrinsic value, ethical or moral, as they are judged based on the consequences resulting from said actions. What this means is that intention is irrelevant and the inspiration behind such actions is as well. Therefore, one's decision to act should be solely based on a evaluation of the consequences to not only the individual but to anyone who may be affected by the decision. Peter Singer, famously known for his books Animal Liberation and How Are We to Live?, writes, “I must consider the interests of my enemies as well as my friends, and of strangers as well as family. Only if, after taking fully into account the interests and preferences of all these people, I still think the action is better than any alternative open to me, can I genuinely say that I ought to do it.”(Singer 2008). These are the basic principles of utilitarianism and the basis for the following evaluation.

One of the several legitimate critiques of utilitarianism has to do with the recognition of rights. John Greene, a Harvard professor and Doctor of Philosophy, highlights this in a 2015 “EconTalk” podcast episode stating, “utilitarianism doesn't adequately account for people's rights,” which has direct implications for the right to the freedom of religion. Essentially, utilitarianism does not take into account the rights that have been socially constructed and considered to be inalienable in a plethora of constitutions globally. Religion, like rights, is considered by many to be another form of social construct. Furthermore, taken in the context of Peter Singer’s presentation of utilitarianism, religion is seemingly incompatible with utilitarianism in and of itself: “Once we admit that Darwin was right when he argued that human ethics evolved from the social instincts that we inherited from our non-human ancestors, we can put aside the hypothesis of a divine origin for ethics,”(Singer 1994). Religion entails that our actions are determined by our morals, and those morals should be products of religious teachings and commandments. Since utilitarianism argues that our actions have no moral or ethical connotations, religion tends to be viewed as outdated by Singer and other utilitarians.

As previously mentioned, the right to freedom of religion is typically connected to the governing laws of a state and its constitution. These laws, as explained in David Lyon’s The Utilitarian Justification of the State, are innately coercive as they limit one's personal freedom. However, so long as these laws provide a larger welfare that has a greater good, laws that provide safety against any encroachments one may experience on their own “happiness” for example, the utilitarian view is fulfilled. This calculation, the utilitarian process of thinking or “deep pragmatism” as Greene states, applies to laws that also guarantee rights. Therefore, the utilitarian perspective on the right to freedom of religion rests on the consequences of having that right versus the consequences of not having that right. If the consequences of providing the right to freedom of religion, and the laws that come with it, prove to result in more positive conscious experiences than any other decision, then, according to the theory of utilitarianism, freedom of religion is the most ethical choice to make.

References:

Hare, R. M. (1982). Ethical Theory and Utilitarianism, in Sen, A.; Williams, B. (eds.),
Utilitarianism and Beyond. Cambridge: Cambridge University Press, p. 26

“Joshua Greene on Moral Tribes, Moral Dilemmas, and Utilitarianism - Econlib.” 2022. Econlib.
April 10, 2022. https://www.econtalk.org/joshua-greene-on-moral-tribes-moral-dilemmas-and-utilitarianism/#audio-highlights.

Schilbrack, Kevin. “E Social Construction of “Religion” and Its Limits: A Critical Reading of Timothy Fitzgerald.” Method and Theory in the Study of Religion, vol. 24, 2012, pp. 97–117, www.researchgate.net/publication/270542633_The_Social_Construction_of_Religion_and_Its_Limits_A_Critical_Reading_of_Timothy_Fitzgerald#:~:text=Abstract,say%2C%20is%20a%20social%20construction. Accessed 5 Aug. 2024.

Singer, Peter. How Are We to Live? : Ethics in an Age of Self-Interest. Oxford, Oxford University Press, 2008, p. 206.

Singer, Peter. Ethics. Oxford, Oxford University Press, 1994, p. 6.

MacAskill, W., Meissner, D., and Chappell, R.Y. (2023). Introduction to Utilitarianism. In R.Y.

Chappell, D. Meissner, and W. MacAskill (eds.), Introduction to Utilitarianism, <https://www.utilitarianism.net/introduction-to-utilitarianism>, accessed 8/5/2024.
}}

Voting Rights and Suffrage/Position

2024-08-19T11:58:16Z

RightspediaAdmin: Created page with "{{Right section |right=Voting Rights and Suffrage |section=Conflicts with other Rights |question=Position |questionHeading=Is there a perception that this right is above or higher than other fundamental rights, or in general, that it has a particular place in a hierarchy of rights? |pageLevel=Question |contents=Rights, as outlined in constitutions around the world, the 1948 United Nations Universal Declaration of Human Rights, the 1789 Declaration of the Rights of Man an..."

{{Right section
|right=Voting Rights and Suffrage
|section=Conflicts with other Rights
|question=Position
|questionHeading=Is there a perception that this right is above or higher than other fundamental rights, or in general, that it has a particular place in a hierarchy of rights?
|pageLevel=Question
|contents=Rights, as outlined in constitutions around the world, the 1948 United Nations Universal Declaration of Human Rights, the 1789 Declaration of the Rights of Man and of the Citizen, and in various philosophical frameworks throughout history, have become integral aspects of many societies and governments. The understanding and view of rights and their implications on the government's structure and role can vary but their presence in vast political arenas cannot be denied. Within these documents however, there are several rights that are considered to be inalienable and should be protected. The right to vote, in the United States and in other countries, can be considered to be in legal limbo compared to other clear guaranteed rights popularly included in the articles mentioned above.
In the case of the United States, this nuance has been present throughout the entire tenure of the US Constitution. The Supreme Court has the responsibility of defining voting rights with respect to the United States Constitution, which assigns significant power to the states in the electoral process via the Elections Clause. For example, we can see recent cases such as Bush v. Gore(2000), “The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the electoral college,” (Bush v. Gore, 531 U.S. 98 (2000)). This decision was split amongst party lines and some have declared the case itself to be “not justiciable,”(Chemerinsky 2001). Yet, the majority opinion of the court also stated, “The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors,”(Bush v. Gore, 531 U.S. 98 (2000)). While this decision was split amongst party lines, in “First,” a 2019 biography of retired Justice Sandra Day O’Connor, Justice Scalia who sided with the majority privately regarded the equal protections rationale that the decision was based on as “a piece of shit.”(MacDougall 2020) While this decision seemed to undermine the electoral process, in the Supreme Court’s majority opinion of Wesberry v. Sanders 1964, Judge Hugo Black wrote, “ No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined,” (Wesberry v. Sanders, 376 U.S. 1 (1964)). This case, in response to unequal representation in congressional districts in Georgia, upheld Justice Black’s sentiment and established a voting rights precedent still in effect today. These two cases, among others, reflect some of the complexity when it comes to voting rights in the United States. However, it is interesting to note that when looking at the available study guides for the civics questions portion of the naturalization test in the United States, “The right to vote is the most important right granted to a U.S. citizen,” (“The Citizenship Test” 2015).
Scholars have also contributed to the conversation of the importance of voting rights in several ways. Thomas Paine assigns voting rights as the “primary right by which other rights are protected,” (21, Paine 1785). He continues on to say, “To take away this right is to reduce a man to a state of slavery, for slavery consists in being subject to the will of another, and he that has not a vote in the election of representatives, is in this case,” (21, Paine 1785). President Lyndon B. Johnson echoed this sentiment in his speech before signing the Voting Rights Act of 1965 stating, “This right to vote is the basic right without which all others are meaningless. It gives people, people as individuals, control over their own destinies,” (Johnson 1965). This argument, that all other rights depend on the right to vote, has been one of the more salient arguments in political science that consider suffrage to be the pinnacle of all rights. Joseph Fishkin, a voting rights scholar recognized by the Supreme Court,(Brnovich et al. 2021) adds, “that the individual right to vote is valuable for reasons that cannot be fully captured by broader, structural variables such as the overall level of participation, representativeness, democratic accountability, and so on,”(Fishkin 2011). Furthermore, he builds upon his claim by stating that voting has an innate value “for reasons that are individualistic” and ties personhood with the ability to vote.
Other more pessimistic public perspectives also have gained traction throughout the years as misinformation has become more widespread. One of the more famous examples of this is Mark Twain’s alleged quote, “If voting made any difference they wouldn’t let us do it.” In reality, his views were quite the opposite. In fact, in a 1905 interview with the press he stated, “In this country we have one great privilege which they don’t have in other countries. When a thing gets to be absolutely unbearable the people can rise up and throw it off. That’s the finest asset we’ve got — the ballot box,” (Spencer 2019).
Essentially, the right to vote is not universally accepted as the most important right in one's life. Arguments have been made in favor of the right to vote but there is no widely accepted status of superiority amongst scholars and political leaders.

References:

Paine, Thomas. 1795. Dissertation on First-Principles of Government.

Chemerinsky, Erwin. 2001. Review of Bush v. Gore Was Not Justiciable. Notre Dame Law
Review 764: 1093–1112.
https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1707&context=faculty_scholarship.

MacDougall, Ian. 2020. “Why Bush v. Gore Still Matters in 2020.” ProPublica. November 1,
2020.
https://www.propublica.org/article/why-bush-v-gore-still-matters.

Bush v. Gore, 531 U.S. 98 (2000)

Wesberry v. Sanders, 376 U.S. 1 (1964)

“The Citizenship Test.” 2015
https://canalalliance.org/wp-content/uploads/2019/09/Citizenship-for-Us-11-4-15.pdf.

“From the Archives: Lyndon B. Johnson Signs Voting Rights Act of 1965.” n.d.
www.youtube.com. https://www.youtube.com/watch?v=QJamYFIE3kY.

Fishkin, Joseph. 2011. “Equal Citizenship and the Individual Right to Vote Equal Citizenship and
the Individual Right to Vote.” Indiana Law Journal Indiana Law Journal 86.
https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1001&context=ilj.

Brnovich, Mark, Att'y, Justin Levitt, Allison Davis, and Chris Swift. 2021. “Supreme Court of
the United States Respondents. On Writs of Certiorari to the United States Court of Appeals for the Ninth Circuit BRIEF of VOTING RIGHTS SCHOLARS as AMICI CURIAE in SUPPORT of RESPONDENTS * Institutional Affiliation for Identification Purposes Only.” https://www.supremecourt.gov/DocketPDF/19/19-1257/166801/20210120124709720_19-1257%20bsac%20voting%20rights%20scholars.pdf.

Saranac Hale Spencer. 2019. “Fake Mark Twain ‘Quote’ Mocks Voting - FactCheck.org.”

FactCheck.org. June 13, 2019. https://www.factcheck.org/2019/06/fake-mark-twain-quote-mocks-voting/.
}}

Freedom of Expression/History/Country sources/Israel

2024-08-12T06:09:20Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Israel
|pageLevel=Breakout
|contents=Israel is one of the few countries in the world that lacks an official written constitution. Multiple attempts have been made as early as 1948 but none have successfully drafted and implemented a formal constitution. Instead, Israeli leaders enacted several pieces of legislation known as the Basic Laws, or Knessets, eleven of which have passed. This has led to multiple changes in “constitutional” legislature from the first Knesset in 1958 to the final two Basic Laws enacted in 1992. Interestingly enough, the Basic Laws that were typically considered to hold constitutional weight, weren’t formally entrenched as laws that supersede common legislature until 1995(2020).

Under these Basic Laws, there is no official guarantee of the protection of freedom of expression. Instead, the Israeli Supreme Court has largely dictated the extent of the right to freedom of expression (Levush, 2019). In Alan Levi And Yaheli Amit v. Southern District Police Commander (1984), the Supreme Court ruled that “The right of demonstration and procession is a fundamental human right in Israel. It is recognized along with free speech, or emanating therefrom - as belonging to the freedoms that characterize Israel as a democratic state.”

However, there are limitations on the freedom of expression should any acts of expression “that constitutes incitement for racism, terrorism and violence; outrage to religious feelings; publication of false news causing fear and alarm; as well as expression of denial of the holocaust and praise for atrocities committed by the Nazis.” (Levush, 2019) Insults to public servants are also punishable by law and result in imprisonment for six months. Furthermore, it is expected that courts balance competing interests when discerning the extent to which the freedom of expression encroaches on other rights that embody the Israeli state(Levush, 2019).

Sources:

2020. Knesset.gov.il. 2020. https://knesset.gov.il/constitution/ConstIntro_eng.htm.

Levush, Ruth. 2019. “Limits on Freedom of Expression.” Maint.loc.gov. June 1, 2019. https://maint.loc.gov/law/help/freedom-expression/israel.php.

“Israel 1958 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Israel_2013.

Alevi, Alan, Yaheli Amit, Alan Levi, and D Levin. n.d. “393 Police Ordinance (New Version), 1971, Sections 83, 84 Press Ordinance.” Southern District Police Commander 1 P.D 38, no. 2: 1214. Accessed June 7, 2024. https://versa.cardozo.yu.edu/sites/default/files/upload/opinions/Levi%20v.%2 Southern%20District%20Police%20Commander_0.pdf.
}}

Freedom of Religion/History/Country sources/Israel

2024-08-12T06:07:39Z

RightspediaAdmin: Undo revision 22324 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Israel
|pageLevel=Breakout
|contents=Freedom of religion is established in the 1992 Basic Law: Human Dignity and Liberty. This law describes Israel as a “Jewish and democratic state”, but also “references the Declaration of the Establishment of the State of Israel, which protects freedom to practice or not practice religious beliefs, including freedom of conscience, faith, religion, and worship, regardless of an individual’s religion” (state.gov).

The Declaration of the Establishment of the State of Israel, promulgated in 1948, stated: "THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations."

"Declaration of the Establishment of the State of Israel: https://www.gov.il/en/departments/general/declaration-of-establishment-state-of-israel

Israel, West Bank and Gaza - United States Department of State. Accessed July 21, 2023. https://www.state.gov/reports/2021-report-on-international-religious-freedom/israel-west-bank-and-gaza/.
}}

Freedom of Expression/History/Country sources/Kingdom of the Netherlands

2024-08-12T06:07:05Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Kingdom of the Netherlands
|pageLevel=Breakout
|contents=The Kingdom of the Netherlands gained its independence in 1813 and established their constitution in 1814. Article 7, Chapter 1 of the Constitution of the Kingdom of the Netherlands describes freedom of expression, No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law. Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast. No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals. The preceding paragraphs do not apply to commercial advertising.”

Sources:

“Netherlands 1814 (Rev. 2008) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Netherlands_2008.
}}

Freedom of Religion/History/Country sources/Kingdom of the Netherlands

2024-08-12T06:05:55Z

RightspediaAdmin: Undo revision 22327 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Kingdom of the Netherlands
|pageLevel=Breakout
|contents=The Constitution of the Kingdom of the Netherlands was ratified on 29 March 1814. Articles 1, 6.1, 23.3, and 23.5 grant religious freedom, equality, and prohibit religious discrimination. Article 6 Section 1 of this constitution states “[e]veryone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law” (constituteproject.org).

Ministerie van Binnenlandse Zaken en Koninkrijksrelaties. “The Constitution of the Kingdom of the Netherlands 2008.” Government of the Netherlands. Ministerie van Algemene Zaken, April 29, 2014. Last modified April 29, 2014. Accessed June 23, 2022. https://www.government.nl/documents/regulations/2012/10/18/the-constitution-of-the-kingdom-of-the-netherlands-2008.

“Netherlands 1814 (Rev. 2008) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Netherlands_2008.
}}

Freedom of Expression/History/Country sources/Eswatini

2024-08-12T06:04:36Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Eswatini
|pageLevel=Breakout
|contents=Eswatini has been considered an independent country since 1968 but the earliest assertion of the right to freedom of expression is presented in the Constitution of the Kingdom of Swaziland Act 2005. In Article 14, Chapter III secures the “freedom of conscience, of expression and of peaceful assembly and association and of movement.”

Sources:

“Eswatini 2005 Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Swaziland_2005.
}}

Freedom of Religion/History/Country sources/Eswatini

2024-08-12T06:03:58Z

RightspediaAdmin: Undo revision 22323 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Eswatini
|pageLevel=Breakout
|contents=Eswatini’s current constitution, created and adopted in 2005, protects the right to freedom of religion for the citizens of the country. Article 23 deals with the protection of freedom of conscience and religion, with Sections 1, 2, 3, and 4 ensuring the freedom (Eswatini 2005).

Eswatini 2005. “Eswatini 2005” Constitute Project
https://www.constituteproject.org/constitution/Swaziland_2005
}}

Freedom of Expression/History/Country sources/Italy

2024-08-12T06:03:21Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Italy
|pageLevel=Breakout
|contents=Italy first ratified the Constitution of the Italian Republic in 1947 and it was officially law on January 1, 1948. Article 2 expressly guarantees inviolable rights, including freedom of expression, to any person “both as an individual and in the social groups where human personality is expressed.” Article 21 addresses the freedom of expression in the first line, “Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication,” and includes the right for the press to be protected from authorisation and censorship. Article 21 also includes certain limitations of freedom of expression deeming “Publications, performances, and other exhibits offensive to public morality shall be prohibited,” and that measures to ensure this prohibition “shall be established by law.”

Sources:

“Italy 1947 (Rev. 2012) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Italy_2012.
}}

Freedom of Religion/History/Country sources/Italy

2024-08-12T06:02:18Z

RightspediaAdmin: Undo revision 22325 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Italy
|pageLevel=Breakout
|contents=The Constitution of the Italian Republic was ratified on 22 December 1947. Article 7 states a separation between the state of Italy and the Catholic Church. Articles 3, 8, 19, and 20 grant religious freedom and equality. Article 8 of the Italian Constitution states: “All religious denominations are equally free before the law” but stipulates that “Denominations other than Catholicism have the right to self-organisation according to their own statutes, provided these do not conflict with Italian law” (constituteproject.org).

“Italy 1947 (Rev. 2020) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Italy_2020.
}}

Freedom of Expression/History/Country sources/Jordan

2024-08-12T06:01:48Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Jordan
|pageLevel=Breakout
|contents=Jordan has had a single constitution for almost the entirety of their independence. The Constitution of the Hashemite Kingdom of Jordan was enacted in 1952 and in article 15 of Chapter 2 it states “The State shall guarantee freedom of opinion; and every Jordanian shall freely express his opinion by speech, writing, photography and the other means of expression, provided that he does not go beyond the limits of the law.”

Sources:

“Jordan 1952 (Rev. 2016) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Jordan_2016.
}}

Freedom of Religion/History/Country sources/Jordan

2024-08-12T06:00:57Z

RightspediaAdmin: Undo revision 22326 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Jordan
|pageLevel=Breakout
|contents=The Constitution of the Hashemite Kingdom of Jordan was ratified in 1952. Articles 6 and 14 grant religious freedom, equality, and prohibit religious discrimination. Article 2 declares Islam the official religion.

1952. The Constitution of the Hashemite Kingdom of Jordan. July 11. https://www.refworld.org/pdfid/3ae6b53310.pdf.

Hashemite Kingdom of Jordan Constitutional Court “Jordanian Constitution.” CCO. Hashemite Kingdom of Jordan Constitutional Court, 2022. Last modified 2022. Accessed June 17, 2022. https://cco.gov.jo/en-us/Jordanian-Constitutional.
}}

Freedom of Expression/History/Country sources/Kiribati

2024-08-12T05:59:40Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Kiribati
|pageLevel=Breakout
|contents=Kiribati gained its independence in 1979 which led to the creation of the Constitution of Kiribati that same year. Chapter II guarantees the protection of different fundamental rights and freedoms with the “freedom of conscience, of expression and of assembly and association” being listed as the second line of fundamental rights.

Sources:

“Kiribati 1979 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Kiribati_2013.
}}

Freedom of Religion/History/Country sources/Kiribati

2024-08-12T05:57:02Z

RightspediaAdmin: Undo revision 22328 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Kiribati
|pageLevel=Breakout
|contents=The Constitution, contained within the Independence Order of Kiribati ratified on July 12, 1979, established freedom of religion in Kiribati. The right can be located in Chapter II, Article 11, Part 1 (“Kiribati Independence Order of 1979”, 1979).

1979. Kiribati Independence Order of 1979. July 12. https://constitutionnet.org/sites/default/files/Kiribati%20Constitution.pdf.

PACII. “Constitution of Kiribati.” Pacific Islands Legal Information Institute . University of the South Pacific School of Law, May 6, 2022. Last modified May 6, 2022. Accessed June 17, 2022. http://www.paclii.org/ki/legis/consol_act/cok257.pdf.
}}

Freedom of Expression/History/Country sources/Mali

2024-08-12T05:56:30Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Mali
|pageLevel=Breakout
|contents=In 1959, the Sudanese Republic joined with Senegal to create the Federation of Mali but the withdrawal of Senegal shortly thereafter led to the declaration of the Sudanese Republic as the Republic of Mali (2024). In 1960, the Constitution of the Republic of Mali (“Constitutional History of Mali) was enacted which guaranteed the affirmation of rights enshrined in the 1948 Universal Declaration of Human Rights in which Article 19 guarantees the “the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,”(United Nations, 1948).

Sources:

2024. Familysearch.org. 2024. https://www.familysearch.org/en/wiki/Mali_History#:~:text=French%20Sudan %20joined%20with%20Senegal.

“Constitutional History of Mali.” n.d. ConstitutionNet. https://constitutionnet.org/country/africa-mali.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 8, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzml0024&collection=cow.

United Nations. 1948. “Universal Declaration of Human Rights.” https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translatio ns/eng.pdf.
}}

Freedom of Religion/History/Country sources/Mali

2024-08-12T05:55:32Z

RightspediaAdmin: Undo revision 22329 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Mali
|pageLevel=Breakout
|contents=Article 4 of Mali’s Fundamental Law No. 1 (1991) contains the first assertion of freedom of religion in Mali’s independent history. This was followed up by a 1992 Constitution which also protected the right.

“Acte Fondamental No. 1/C.T.S.P.” World Constitutions Illustrated. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzml0008&i=3
“Mali 1992.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Mali_1992
}}

Freedom of Expression/History/Country sources/Malta

2024-08-12T05:55:05Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Malta
|pageLevel=Breakout
|contents=Following their independence from British rule in 1964, Malta enacted their first constitution as an independent republic(Malta - Countries - Office of the Historian, n.d). Chapter IV, Article 33 guarantees the “freedom of conscience, of expression and of peaceful assembly and association.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzmt006 0&id=16&men_tab=srchresults.

“Malta - Countries - Office of the Historian.” n.d. History.state.gov. https://history.state.gov/countries/malta.
}}

Freedom of Religion/History/Country sources/Malta

2024-08-12T05:54:13Z

RightspediaAdmin: Undo revision 22330 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Malta
|pageLevel=Breakout
|contents=Article 40(1) of Malta’s 1964 Constitution contains the first guarantee of freedom of religion in the country’s independent history. Meanwhile, Article 2 states that the country’s official faith is the Roman Catholic Apolistic Religion.

“Malta 1964 (rev. 2016).” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Malta_2016
}}

Freedom of Expression/History/Country sources/Estonia

2024-08-12T05:53:15Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Estonia
|pageLevel=Breakout
|contents=The country of Estonia has had three separate governing constitutions, the first of which was enacted in 1920. Section II, Article 13 of the Constitution of the Republic of Estonia declares that “In Esthonia there is freedom for the expression of personal ideas in words, print, letters, pictures and sculpture. This freedom can be restricted only in the defense of the State and morals. There is no censorship in Esthonia.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 8, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=co w&handle=hein.cow/zzee0004&id=2&men_tab=srchresults.

‌“Constitution of Estonia.” 2024. Wikipedia. April 25, 2024. https://en.wikipedia.org/wiki/Constitution_of_Estonia#cite_note-5.

https://www.eesti.ee/en/republic-of-estonia/human-rights/freedom-of-speech-and-religion
}}

Freedom of Religion/History/Country sources/Estonia

2024-08-12T05:52:12Z

RightspediaAdmin: Undo revision 22322 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Estonia
|pageLevel=Breakout
|contents=The first constitution of Estonia, created in 1920, grants Estonian citizens the right to freedom of religion. Paragraph 6 and 11 states that there is freedom of “religion and conscience” and their practice will not be hindered, “provided it does not interfere with public orders and morals” (“Constitution of the Esthonian Republic” 1920). Under the 1992 Constitution of the Republic of Estonia, Articles 12, 40, and 124 grant religious freedom, equality, and prohibit religious discrimination.

“Constitution of the Esthonian Republic” 1920. Estonian Republic

https://www.riigiteataja.ee/en/eli/521052015001/consolide
}}

Freedom of Expression/History/Country sources/Equatorial Guinea

2024-08-12T05:51:47Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Equatorial Guinea
|pageLevel=Breakout
|contents=Equatorial Guinea were granted their independence from Spanish rule in 1968 which led to the enactment of the Equatorial Guinea Constitution. Title I, Article 3 of the 1968 constitution expressly recognizes and guarantees all rights outlined in the 1948 Universal Declaration of Human Rights. The Universal Declaration of Human Rights in which Article 19 guarantees the “the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,”(United Nations, 1948).

Sources:

United Nations. 1948. “Universal Declaration of Human Rights.” https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translatio ns/eng.pdf.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?men_tab=srchresults&handle=hein.cow/text gu0001&id=18&size=2&collection=cow&terms=libertades&termtype=phrase&set_as_cursor=.
}}

Freedom of Religion/History/Country sources/Equatorial Guinea

2024-08-12T05:51:15Z

RightspediaAdmin: Undo revision 22321 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Equatorial Guinea
|pageLevel=Breakout
|contents=The Constitution of 1973 of Equatorial Guinea addresses freedom of religion and belief in Article 35. Though it states that citizens can practice religion within the confines of the law, they are not allowed to use faith or religious beliefs to oppose the principles and purposes of the State (“Constitucion de 1973” 1973). Under the 1991 Constitution of the Republic of Equatorial Guinea, Articles 13(f), Article 15.1, and 24.3-4 grant religious freedom, equality, and prohibit religious discrimination.

“Constitucion de 1973” 1973. Guinea Ecuatorial

https://www.constituteproject.org/constitution/Equatorial_Guinea_2012.pdf?lang=en
}}

Freedom of Expression/History/Country sources/Mauritania

2024-08-12T05:50:31Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Mauritania
|pageLevel=Breakout
|contents=Since its independence in 1960, Mauritania has operated under various constitutions. Its first constitution was written in 1961 in the nation's then official language: French(Mauritanie, Constitution de 1961, 2024). The Islamic Republic of Mauritania Constitution does not explicitly and directly guarantee the right to freedom of expression. However, in the preamble the country proclaims itself to follow the principles of democracy and the rights outlined in the 1789 Declaration of Human Rights, otherwise known as The Declaration of the Rights of Man and Citizen. The French National Assembly asserts that “The unrestrained communication of thoughts and opinions being one of the most precious rights of man, every citizen may speak, write, and publish freely, provided he is responsible for the abuse of this liberty, in cases determined by law.” The previous section also addresses relative aspects of the freedom of expression by providing that “No man ought to be molested on account of his opinions, not even on account of his religious opinions, provided his avowal of them does not disturb the public order established by law.”

Sources:

https://constitutionnet.org/sites/default/files/declaration_of_the_rights_of_man_1789.pdf

“Mauritanie, Constitution de 1961, Digithèque MJP.” 2024. Univ-Perp.fr. 2024. https://mjp.univ-perp.fr/constit/mr1961.htm. Robert Earl Handloff. 1990. Mauritania. U.S. Government Printing Office.
}}

Freedom of Religion/History/Country sources/Mauritania

2024-08-12T05:49:50Z

RightspediaAdmin: Undo revision 22331 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Mauritania
|pageLevel=Breakout
|contents=Article 2 of Mauritania’s 1959 Constitution contains the first assertion of freedom of religion in the country’s independent history. The document also states that “the religion of the Mauritanian people is the Muslim religion.”

Mauritania’s 1991 constitution was adopted on 12 July of that year. The preamble and Article 1 guarantee equality under the law, however it does not include religion as a distinct protected class. Article 5 declares that Islam is the state religion.

“Islamic Republic of Mauritania Constitution of 22 March 1959.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmr0017&i=3

Constitution Project. “Mauritania 1991 (Rev. 2012) Constitution.” Constitute. POGO , April 27, 2022. Last modified April 27, 2022. Accessed June 21, 2022. https://www.constituteproject.org/constitution/Mauritania_2012?lang=en.
}}

Freedom of Expression/History/Country sources/Mexico

2024-08-12T05:49:26Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Mexico
|pageLevel=Breakout
|contents=Mexico has had several constitutions throughout its history with the first, the Constitution of Apatzingán, being in 1814. In Chapter V, Article 40 of the Constitution of Apatzingán, citizens are guaranteed the right to express themselves and manifest their opinions.

Sources:
}}

Freedom of Religion/History/Country sources/Mexico

2024-08-12T05:48:19Z

RightspediaAdmin: Undo revision 22332 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Mexico
|pageLevel=Breakout
|contents=The Political Constitution of the Mexican United States was ratified on 5 February 1917. Articles 1, 3.2(c), 24, 27.2, 130(b-d) grant religious freedom, equality, and prohibit religious discrimination. Article 130 declares a separation of church and state; and that religious minister cannot promote candidate, nor attack national symbols.

Article 24 of Mexico’s 1917 Constitution, which is still in use today, contains the first assertion of freedom of religion in the country’s post-revolutionary history. However, prior to the 1910 Revolution, the first amendment to the country’s 1859 Constitution (also known as the Law of September 25, 1873) did state that the legislature should not adopt any law that established or forbid a religion.

Constituent Congress of 1917. “Koxtitusion Poríitika Mejikopo Nesaweme Constitución ... - Senado.gob.mx.” Senate of the Republic. Mexican Government, 2005. Last modified 2005. Accessed June 21, 2022. https://www.senado.gob.mx/comisiones/puntos_constitucionales/docs/CPM_INGLES.pdf.

“Constitution.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmx0010&i=1

“Mexico 1917 (rev. 2015).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mexico_2015
}}

Freedom of Expression/History/Country sources/Moldova

2024-08-12T05:47:20Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Moldova
|pageLevel=Breakout
|contents=The Moldovan constitutional history is somewhat complex considering its historical association with the Soviet Union as a constituent of the USSR. In 1941, the Moldavian Socialist Republic adopted their first official constitution based on the 1936 Soviet Constitution. In Chapter X, Article 125 of the 1936 Soviet Constitution guarantees citizens of the U.S.S.R. “Freedom of speech; Freedom of the Press; Freedom of assembly and holding mass meetings; Freedom of street processions and demonstrations.” These rights were likely to have been the earliest official assertion of rights and liberties in the Moldavian Socialist Republic Constitution .

Sources:

“Constitutional History of Moldova.” n.d. ConstitutionNet. https://constitutionnet.org/country/moldova.

Was not able to get a citation: https://www.marxists.org/history/ussr/government/constitution/1936/1936-constitution.pdf
}}

Freedom of Religion/History/Country sources/Moldova

2024-08-12T05:46:41Z

RightspediaAdmin: Undo revision 22333 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Moldova
|pageLevel=Breakout
|contents=Constitution of the Republic of Moldova was ratified on 27 July 1994. Articles 10.2, 31, 32.3, and 35.8 grant religious freedom, equality, and prohibit religious discrimination. The preamble declares secular aspirations for the state of Moldova.

Parliament of the Republic of Moldova. “Constitution of the Republic of Moldova .” Constitutional Court of the Republic of Moldova . Constitutional Court of the Republic of Moldova , 2022. Last modified 2022. Accessed June 21, 2022. https://www.constcourt.md/public/files/file/Actele%20Curtii/acte_en/MDA_Constitution_EN.pdf.
}}

Freedom of Expression/History/Country sources/Monaco

2024-08-12T05:45:59Z

RightspediaAdmin:

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Monaco
|pageLevel=Breakout
|contents=In Monaco's original 1911 Constitution, Title II guaranteed several rights to be protected by the constitution. Article 10, Title II declares “Liberty of religion and of its public exercise, as well as freedom to express opinions on all matters, are guaranteed, except that offenses committed on the occasion of the use of these liberties may be suppressed.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 7, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.beal/connat0 002&id=475&men_tab=srchresults.
}}

Freedom of Religion/History/Country sources/Monaco

2024-08-12T05:45:10Z

RightspediaAdmin: Undo revision 22334 by Tonazinn (talk)

{{Right section
|right=Freedom of Religion
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Monaco
|pageLevel=Breakout
|contents=Article 10 of Monaco’s 1911 Constitution contains the first assertion of freedom of religion in the country’s history. The document was then heavily revised in 1962 and remains in use to this day. In the 1962 Constitution, Article 23 grants religious freedom. Article 9 declares Catholicism the official state religion.

“Constitution of Monaco.” World Constitutions Illustrated. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.beal/connat0002&i=474

Prince Rainer III and National Council of Monaco. Princely Government of the Principality of Monaco . Princely Government of the Principality of Monaco , 2002. Last modified 2002. Accessed June 21, 2022. https://en.gouv.mc/Government-Institutions/Institutions/Constitution-of-the-Principality#eztoc1036069_1.
}}