Freedom of Religion

Is there general and widespread belief that this right is a fundamental right that should generally be protected (and that exceptions should be rare)? 🖉 edit

Article 18 of the Universal Declaration of Human Rights, a landmark document within the field of international human rights law, recognizes freedom of religion as a fundamental and intrinsic human right. It establishes the right to freedom of religion as encompassing an individual’s “freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance” (UN General Assembly 1948, 1). Since the adoption of the Universal Declaration by the United Nations General Assembly in December of 1948, freedom of religion is guaranteed in the charters and constitutions of several regional organizations, including the Organization of American States (OAS), the Council of Europe (CoE), and the African Union (AU), as well as their member states, reinforcing the belief that the right is fundamental and should generally be protected, with rare exceptions, on an international level. Individual states vary on their interpretation and length to which they guarantee the freedom, though a majority include it within their legal code and consider it a human right, with few nations serving as notable exceptions.

The right to freedom of religion is protected under international human rights law, appearing in various international documents and treaties, most markedly in the Universal Declaration of Human Rights and the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. The United Nations considers “that religion or belief, for anyone who professes either, is one of the fundamental elements in his conception of life and that freedom of religion or belief should be fully respected and guaranteed” (UN General Assembly 1981, 1). The organization expects its member states to promote and encourage universal respect and observance of the right, stating that the points set forth relating to freedom of religion in the UN Declaration on the Elimination of All Forms of Intolerance “shall be accorded in national legislation in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice”, with few exceptions: “Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others” (UN General Assembly 1981, 3). With 193 Member States, the UN is the world’s largest intergovernmental organization, pushing for the protection of the right to freedom of religion internationally and its recognition as a fundamental human right by all nations under international human rights law.

The Organization of American States (OAS) is an international organization that brings together “all 35 independent states of the Americas and constitutes the main political, juridical, and social governmental forum in the [Western] Hemisphere” (“OAS: Who We Are” 2023). It is committed to upholding freedom of religion, with the Declaration of the OAS General Secretariat on the Promotion and Protection of Freedom of Religion or Belief reaffirming the organization’s belief that “guaranteeing freedom of religion or belief continues to be a fundamental responsibility of States” as it is “essential to understand that religious freedom or belief as a human right is, in turn, linked to the defense of the rights of all individuals and groups, in all areas” (“Declaration of the OAS General Secretariat.” 2023, 1). Currently, every country in the Americas includes a provision protecting freedom of religion in their constitution, though the United States Commission on International Religious Freedom raised concern for indigenous peoples in Latin America in their 2023 annual report: “Indigenous peoples in Latin America have long faced a series of collective and individual threats to the full enjoyment of their religious freedom and related rights” (75). It also focused on Cuba and Nicaragua as countries of particular concern, citing the Nicaraguan regime’s “campaign of harassment and severe persecution against the Catholic Church by targeting clergy, eliminating Church-affiliated organizations, and placing restrictions on religious observances” and the Cuban government’s tight control over religious “activity through surveillance, harassment of religious leaders and laypeople, forced exile, fines, and ill treatment of religious prisoners of conscience”. (20-30). The report did not note other concern or violation of freedom of religion in the Americas region in other states. The right is generally protected across America and is considered a fundamental human right.

Article 8 of the African Charter on Human and Peoples’ Rights, adopted by the African Union in 1981, states that “freedom of conscience, the profession and free practice of religion shall be guaranteed” and that “no one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms” (Organization of African Unity 1981, 4). The African Union is a continental union consisting of 55 member states, with a majority including provisions protecting freedom of religion in their constitutions, though there are a few countries where it is very limited or violated. The U.S. Commission on International Religious Freedom highlighted Eritrea, Mauritania, Nigeria, Central African Republic, and Egypt for a lack of religious freedom, citing instances of religious persecution and punishment for certain religious minorities (“2023 Annual Report” 2023, 11). The report did not find any serious violations in other African nations, with most prohibiting religious discrimination and allowing individuals to practice their religion. The Council of Europe (CoE) also holds freedom of religion to be a fundamental right, explicitly stating so in Article 9 in the Convention for the Protection of Human Rights and Fundamental Freedoms. The document states, “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance” noting few exceptions as “are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others” (European Court of Human Rights 1950, 11). With the end of the Cold War, virtually all of Europe has an unprecedented general freedom of religion guaranteed by their constitution (Juviler 2003, 859). However, there have been concerns with rising Islamophobic legislation, including the banning of particular religious clothing like burqas (U.S. Department of State 2022, 6). Though practices vary, the freedom is held in high standard and seen as a core human right.

The Asia Pacific Forum (APF) is a regional grouping of the Global Alliance of National Human Rights Institutions (GANHRI) that focuses on monitoring, promoting, and protecting human rights in Asia and the Pacific. It is a coalition of 25 independent national human rights institutions that aim to uphold human rights, including freedom of religion, educating and reaffirming the “purposes and principles of the Charter of the United Nations with regard to the promotion and encouragement of respect for all human rights and fundamental freedoms for all without distinction as to race, sex, language or religion” (Asia Pacific Forum 2013, 205). The Asia Pacific Forum notes that unlike other regions in the world, “there is no regional court or protection system in the Asia Pacific that people can turn to when their human rights are abused,” though they can help “shape laws, policies, practices and attitudes that create strong, fair and inclusive communities” to combat this (“About the Asia Pacific Forum 2023). Several countries in Asia were listed in the U.S. Commission on International Religious Freedom’s annual report on freedom of religion as countries of particular concern. It noted Afghanistan, China, Iran, Pakistan, Saudi Arabia, and Vietnam, among others (“2023 Annual Report” 2023, 11). Though most states in the continent protect freedom of religion in their legal code, there is quite a discrepancy in their practices and extent to which they safeguard it. The report noted that Vietnamese authorities “intensified their control and persecution of religious groups—especially unregistered, independent communities” while the Saudi government “continued to systematically deny non-Muslims the ability to build houses of worship or worship in public” and create anti-blasphemy and apostasy laws (“2023 Annual Report” 2023, 38-46). It further states that China “has become increasingly hostile toward religion, implementing campaigns to ‘sinicize’ Islam, Tibetan Buddhism, and Christianity to remove alleged ‘foreign influences’” and in Afghanistan the government of the “Taliban also either actively targets, discriminates against, or outright denies the existence of many vulnerable religious minorities” (“2023 Annual Report” 2023, 12-16).

On an international level, there is a belief that freedom of religion is a fundamental human right that should be protected, with few exceptions. Intergovernmental organizations, which a majority of the countries in the world belong to, such as the UN, the AU, and the CoE, reaffirm the importance of the right and push its members to uphold it. On an individual state by state basis, however, the amount of protection and importance the right receives varies. The majority of countries include provisions safeguarding freedom of religion in the constitution, but their rules and regulations differ, as well as their practices. Overall, the right to freedom of religion is generally regarded as an intrinsic and fundamental by a large number of states and other actors.

References:

“About the Asia Pacific Forum.” 2023. Asia Pacific Forum. Accessed July 4. https://www.asiapacificforum.net/about/.

“Annual Report” 2023. United States Commission on International Religious Freedom. https://www.uscirf.gov/sites/default/files/2023-05/2023%20Annual%20Report.pdf

Asia Pacific Forum. 2013. Human Rights Education: A Manual for National Human Rights Institutions. Asia Pacific Forum National Human Rights Institutions. https://apf- prod.s3.amazonaws.com/media/resource_file/2019_HRE_Manual_for_NHRIs.pdf?AWS AccessKeyId=AKIA57J6V557ISASX34R&Signature=NXImyA3dX%2FFHi6h08a uFkAwzEnE%3D&Expires=1688487584.

“Declaration of the OAS General Secretariat.” 2023. Organization of American States. General Secretariat https://www.oas.org/en/media_center/press_release.asp?sCodigo=E-008/23.

European Court of Human Rights. 1950. European Convention on Human Rights. Council of Europe. https://www.echr.coe.int/Documents/Convention_ENG.pdf.

Juviler, Peter. 2003. Freedom and Religious Tolerance in Europe . University of Michigan. https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1316&context=mjil.

“OAS: Who We Are.” 2023. Organization of American States. https://www.oas.org/en/about/who_we_are.asp.

Organization of African Unity. 1981. African Charter on Human and Peoples’ Rights. https://au.int/sites/default/files/treaties/36390-treaty-0011.pdf.

UN General Assembly. 1981. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, OHCHR. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination

UN General Assembly. 1948. Universal Declaration of Human Rights, 217 A (III), https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf

U.S. Department of State. 2022. France 2022 International Religious Freedom Report. https://www.state.gov/wp-content/uploads/2023/05/441219-FRANCE-2022- INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf.

Does public polling reveal insights about the right as experienced in different countries? ＋ create

Is this right exercised in different ways depending on the political governance regime in place (democracy, autocracy, hybrid regime)? 🖉 edit

Regime type affects all facets of political life within a country, and the exercise of religious freedom is no exception. As might be expected, governments and societies in democratic states like New Zealand and Canada tend to show greater levels of respect for religious freedom than states with different regime types. Citizens living in states controlled by hybrid regimes tend to still experience some level of religious freedom, but this right is severely restricted by government-required registries and heavy oversight of religious practice. Autocracies, predictably, are the regime type that shows the least respect for their citizens’ right to religious freedom.

The right to religious freedom is expressed openly and without fear in the world’s most democratic states. Countries like New Zealand and Canada, both of which are listed among the most democratic states in the word, both stipulate in their constitutions that citizens shall enjoy total freedom of faith, belief, and religion. A 2018 U.S. State Department report on religious freedom in Canada mentions a constitutional guarantee that citizens shall enjoy “freedom of conscience, religion, thought, belief, opinion, expression, and the right to equal protection and benefit of the law without discrimination based on religion” (U.S. State Department, “Canada,” 2018, 1). New Zealand’s constitution makes a very similar guarantee, and both countries are reported to enjoy high levels of religious liberty. Discrimination on the basis of religion is usually outlawed in democratic states, and while religious intolerance may sometimes be observed in the form of citizen anti-semitism or vandalism, democratic governments as a whole work to limit any religious injustice within their borders. Even democracies with obvious religious majorities like Italy tend to allow the free exercise of religious practices, though most do require religious organizations to register with the government in order to receive tax exemptions (U.S. State Department, “Italy,” 2018, 1).

Hybrid regimes usually exert more significant influence over the exercise of religious freedom within their borders. Egypt, for example, is a state governed by limited democracy which also shows clear autocratic tendencies. In Egypt, “The constitution states that ‘freedom of belief is absolute’ and ‘the freedom of practicing religious rituals and establishing worship places for the followers of divine (i.e. Abrahamic) religions is a right regulated by law’” (U.S. State Department, “Egypt,” 2018). However, U.S. State Department reports show that these freedoms are subject to a number of restrictions. It mentions that Muslim citizens are prohibited from converting to a new relition under Egyptian law, and it notes that the Ministry of Interior Religious Affairs Department has the power to deny religious groups official recognition if they are determined to pose a threat to the nation (U.S. State Department, “Egypt,” 2018). A U.S. State Department report on religious freedom in Russia reveals a similar willingness within the Russian government to restrict religious practices if they are deemed “extremist” or “dangerous” (U.S. State Department, “Russia,” 2018). In hybrid regimes like Russia and Egypt, religious practice is protected but heavily regulated.

Autocratic regimes are generally the most restrictive of religious freedom. China, perhaps the world’s most powerful autocracy, shows the lack of respect that it has for its citizens’ religious convictions in its treatment of Muslims, in particular. The constitution of the People’s Republic of China allows for the free practice of approved religions, but a Forbes article from 2019 reports that “China is participating in the practice of forced conversion whereby Muslims are forced to ‘eat pork and drink alcohol’” (Ochab, “Is China Conducting a Crackdown On Religion?” 2019). A U.S. State Department report from 2018 similarly notes that “there continue to be reports of deaths in custody and that the government tortured, physically abused, arrested, detained, sentenced to prison, or harassed adherents of both registered and unregistered religious groups for activities related to their religious beliefs and practices” (U.S. State Department, “China,” 2018). Belarus, which is ruled by an authoritarian dictatorial regime, imposes similar restrictions on the free practice of religion. Like China, North Korea, and a number of other autocratic nations, Belarus guarantees religious freedom within its constitution but fails to guarantee this right for its citizens. However, a State Department report notes that Belarusian law “prohibits religious activities directed against the sovereignty of the state, its constitutional system, and ‘civic harmony’” (U.S. State Department, “Belarus,” 2018). It states that the Belarusian regime bans all religious activity by unregistered groups, and explains that there are a number of administrative and legal obstacles that prevent most religious organizations from being officially recognized (U.S. State Department, “Belarus,” 2018).

Regime type plays a significant role in determining the extent to which a government protects the exercise of religious freedom. In general, the more democratic a regime is, the more likely it is to guarantee and respect its citizens’ right to freedom of religion.

REFERENCES:

United States, Congress, Bureau of Democracy, Human Rights, and Labor. IRAN 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. www.state.gov/wp-content/uploads/2019/05/IRAN-2018-INTERNATIONAL-RELIGIOUS-FRE EDOM-REPORT.pdf.

United States, Congress, Bureau of Democracy, Human Rights, and Labor. CHINA (INCLUDES TIBET, XINJIANG, HONG KONG, AND MACAU) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/CHINA-INCLUSIVE-2018-INTERNATIONAL-R ELIGIOUS-FREEDOM-REPORT.pdf.

Ochab, Ewelina U. “Is China Conducting A Crackdown On Religion?” Forbes, Forbes Magazine, 20 Apr. 2019, www.forbes.com/sites/ewelinaochab/2019/04/20/is-china-conducting-a-crackdown-on-religion/.

United States, Congress, Bureau of Democracy, Human Rights, and Labor. ITALY 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/ITALY-2018-INTERNATIONAL-RELIGIOUS-FR EEDOM-REPORT.pdf.

United States, Congress, Bureau of Democracy, Human Rights, and Labor. IRAN 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/IRAN-2018-INTERNATIONAL-RELIGIOUS-FRE EDOM-REPORT.pdf.

United States, Congress, Bureau of Democracy, Human Rights, and Labor. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (DPRK) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/KOREA-DEM-REP-2018-INTERNATIONAL-RE LIGIOUS-FREEDOM-REPORT.pdf.

United States, Congress, Bureau of Democracy, Human Rights, and Labor. RUSSIA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/RUSSIA-2018-INTERNATIONAL-RELIGIOUS-F REEDOM-REPORT.pdf.

U.S. Mission Egypt, 23 June, 2019, Topics: News. “2018 Report on International Religious Freedom: Egypt.” U.S. Embassy in Egypt, 27 June 2019, eg.usembassy.gov/2018-report-on-international-religious-freedom-egypt/.

United States, Congress, Bureau of Democracy, Human Rights, and Labor. BELARUS 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/BELARUS-2018-INTERNATIONAL-RELIGIOUS -FREEDOM-REPORT.pdf.

United States, Congress, Bureau of Democracy, Human Rights, and Labor. CANADA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/CANADA-2018-INTERNATIONAL-RELIGIOUS- FREEDOM-REPORT.pdf.

United States, Congress, Bureau of Democracy, Human Rights, and Labor. NEW ZEALAND 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/NEW-ZEALAND-2018-INTERNATIONAL-RELI GIOUS-FREEDOM-REPORT.pdf.

Is this right interpreted and exercised in different ways in different countries? Focus on particular countries in which the right is interpreted distinctively 🖉 edit

The right to freedom of religion is interpreted and expressed in a number of different ways all over the world. Most modern states’ constitutions recognize freedoms of belief, faith, and practice of religion within their borders, so long as that practice does not pose a danger to the state or society. Many of these countries respect their citizens’ right to freedom of religion, though some do place certain restrictions on the right by requiring religious organizations to register, outlawing certain religious practices, or restricting religious toleration to a few choice faiths. The United States was one of the earliest countries to embrace the principle of freedom of religion, but its implementation of that right within its legal framework is rather unusual. While the country was founded upon the principles of liberty and freedom, it does not specify the right to religious freedom within its Constitution. Rather, the First Amendment of the Bill of Rights states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (United States Bill of Rights, Article I). This means that the government must respect the people’s religious freedom, but it does not specifically establish the right to the free practice of faith or belief. Of course, the right has been exercised freely throughout the country’s history, and over the years the courts have determined that the right is implied within the Constitution. Canada also guarantees the right to religious freedom, but it does so more directly than the United States. Its constitution guarantees that “freedom of conscience, religion, thought, belief, opinion, expression, and the right to equal protection and benefit of the law without discrimination based on religion” (U.S. State Department, “Canada,” 2018, 1). By directly invoking freedom of religion in its legal system, Canada leaves less to interpretation than the United States Bill of Rights. It also allows citizens to protect their own right to religious freedom by appealing directly to the right in legal cases. A 2018 U.S. State Department report on Canadian religious freedom notes that while Canadian law “imposes ‘reasonable limits’ on the exercise of these religious rights only where such restrictions can be ‘demonstrably justified in a free and democratic society,’” the law also “permits individuals to sue the government for ‘violations’ of religious freedom.” (U.S. State Department, “Canada,” 2018, 3).

Of course, not every country that guarantees the right to freedom of religion allows its citizens to exercise that right. The People’s Republic of China, for instance, guarantees its citizens the right to freedom of religion, but places heavy restrictions on the practice of that freedom. The U.S. State Department reports that the PRC government “limits protections for religious practice to ‘normal religious activities’ and does not define ‘normal,’” and that it “continues to exercise control over religion and restrict the activities and personal freedom of religious adherents when the government perceived these as threatening state or Chinese Communist Party (CCP) interests” (U.S. State Department, “China,” 2018, 1). The report also states that in 2018 “there continued to be reports of deaths in custody and that the government tortured, physically abused, arrested, detained, sentenced to prison, or harassed adherents of both registered and unregistered religious groups for activities related to their religious beliefs and practices” (U.S. State Department, “China,” 2018, 1). Reports show that Muslims have recently been the most heavily targeted religious group as the Chinese government continues to crack down on religious expression.

The Democratic People’s Republic of Korea is guilty of similar rights violations. While the North Korean constitution also guarantees freedom of religion for its citizens, the State Department reports that within the country“there was an almost complete denial by the government of the rights to freedom of thought, conscience, and religion, and in many instances, violations of human rights committed by the government constituted crimes against humanity” (U.S. State Department, “North Korea,” 2018, 1). While information on the North Korean government is notoriously difficult to acquire, accounts from witnesses and refugees indicate that the country is reluctant to allow the free practice of religion, and that it actively represses the people’s exercise of this right through the use of force. The State Department reports that “one [North Korean] refugee said there was no religious freedom in the country, and another said that if someone were found to be a Christian, he or she would immediately be shot.” (U.S. State Department, “North Korea,” 2018, 3). Such horrific conditions prove that while many states may claim to respect their citizens’ freedom of religion, this right is often subject to heavy regulation and restriction.

Iran is almost unique in its treatment of religious freedom, because its government does not guarantee the right at all. “The constitution defines the country as an Islamic republic, and specifies Twelver Ja’afari Shia Islam as the official state religion. It states all laws and regulations must be based on “Islamic criteria” and an official interpretation of sharia” (U.S. State Department, “Iran,” 2018, 3). The discussion of other religions is restricted within the country, and the constitution states that “no one may be ‘subjected to questioning and aggression for merely holding an opinion.’” According to the State Department, the law also “prohibits Muslim citizens from changing or renouncing their religious beliefs” (U.S. State Department, “Iran,” 2018, 3). This does not mean that minority religions are outlawed; recognized minority groups are allowed to operate private schools, though they are subject to a number of restrictions (U.S. State Department, “Iran,” 2018, 7). In such a theocracy, the exercise of religious freedom is very difficult and exceedingly dangerous.

Different countries interpret the right to freedom of religion in a number of varying ways, and this often leads governments to restrict their citizens’ exercise of that right. Most modern states guarantee the right within their constitutions, but the actual protection of citizens’ freedom of religion is not always observed in states controlled by authoritarian or oppressive regimes.

References:

United States, Congress, Bureau of Democracy, Human Rights, and Labor. IRAN 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. www.state.gov/wp-content/uploads/2019/05/IRAN-2018-INTERNATIONAL-RELIGIOUS-FRE EDOM-REPORT.pdf.

United States, Congress, Bureau of Democracy, Human Rights, and Labor. CHINA (INCLUDES TIBET, XINJIANG, HONG KONG, AND MACAU) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT.

International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/CHINA-INCLUSIVE-2018-INTERNATIONAL-R ELIGIOUS-FREEDOM-REPORT.pdf.