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The following article aims to highlight important features of the Right to Freedom of Religion.

※Quotes will be used in its introduction.

Note this article is based on personal opinion and does not promote any particular point of view or claim.

There will be mention of the elements and definitions that make up the Right to Freedom of Religion, as well as issues that exist.

While there are many different definitions of religious rights, none are incorrect or inferior to others.

To protect the beliefs of all, however different they may be, there is an obligation to better understand religious freedom.

Elements that make up the Right to Freedom of Religion

Let us take a look at the elements that make up the Right to Freedom of Religion, Faith and Belief.

Despite the differences in terminology, the right to freedom of religion is referenced by the United Nations and international conventions.

Then, let us examine the components that constitute the right to freedom of religion.

Freedom to adopt, change or renounce a religion or belief

The freedom to adopt, change or renounce a religion or belief is defined as the following:

• The Universal Declaration of Human Rights (UDHR) states…… “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief.”。
• International Covenant on Civil and Political Rights (ICCPR) states…… “Everyone shall have the right to freedom to thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice.”

Likewise, the 1981 General Assembly and the Commission on Human Rights also state the right to freedom of religion and belief.

Freedom from coercion

Freedom from coercion is a stipulation that religion and beliefs cannot be coerced.

• UDHR… “No one may be forced into or to belong to any religion.”
• ICCPR… “No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.”

Besides coercion and undermine, it is additionally prohibited to forcefully affiliate others to a religion or belief.

Right to manifest one’s religion or belief

Part of the right to manifest one’s religion and belief overlaps with the right to freedom of expression.

• UDHR… “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”
• ICCPR…“Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental right and freedoms of others.”

Everyone should have the right to freedom of expression with respect to their religion, beliefs or any other sentiment they may have toward any opinion.

Concerns related to the right to freedom of religion

Inconsistencies and conflicting factors exist in relation to the right to freedom of religion.

Examples of such cases below:

• Christianity… Opposition to LGBT rights as a part of freedom of religion.
• Secular Law… While polygamy is tolerated in Islamic culture, it is prohibited by many countries due to secular law. In India, it is permitted in cases under Muslim culture, belonging to the individual law of Islam.
• Islam… A person born to Muslim parents who later rejects Islam is called “murtad fitri”, while those who convert to Islam and later reject the religion are called “murtad milli”. In severe cases, male apostates have the possibility to be sentenced to capital punishment under Islamic law.。

Despite the existence of the right to freedom of religion as a universal human right, deprivation of their rights and freedom under the teachings of their religion still exists.

Consequently, the right to freedom of religion can still cause complications, dependent on the religion people belong to.

Countries concerned about the right to freedom of religion

In the 2011 annual report, the Freedom of Religion Commission of the United States nominated the following 14 countries as countries of notable concern:

• Burma
• China
• Egypt
• Eritrea
• Iran
• Iraq
• Nigeria
• North Korea
• Pakistan
• Saudi Arabia
• Sudan
• Turkmenistan
• Uzbekistan
• Vietnam

With regards to the appointment of these countries, the Chairman has commented the following: “These countries were those recognized as threatening to their promotion and protection of human rights; having involvement with religions that infringe on freedom and abuse human rights.”

Countries that refuse religious freedom

Granted most countries around the world protect the right to freedom of religion, there are still several countries in which they have strict restrictions implemented.

Currently, the government of 75 countries globally have instituted a system in which they limit the efforts of the conversion of religious groups. In addition, it is a prerequisite to register religious groups in 178 countries.

Furthermore, in numerous countries, religious minorities are often the target of social hostility.

Considering these facts, it cannot be said that the right to freedom of religion has spread sufficiently throughout the whole world.

Definitions of the right to freedom of religion

There exists a variety of definitions of the right to freedom of religion.

This article will inspect the following 3 definitions:

• Definition given by the Universal Declaration of Human Rights
• Definition given by Article 9 of the European Convention on Human Rights
• Definition given by Attorney-General’s Department (Australia)

Definition given by the Universal Declaration of Human Rights

The Universal Declaration of Human Rights lists 4 articles on the topic of religion.

• Article 2…All human beings are entitled to all rights and freedoms set forth in this declaration without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
• Article 16… Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family.
• Article 18…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 teaching, practice, worship and observance.
• Article 26…Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

Definition given by Article 9 of the European Convention on Human Rights

Article 9 of the European Convention on Human Rights stipulates the right to freedom of thought, conscience and religion.

The contents of Article 9 are as follows:

• 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.
• Freedom to manifest one’s religion or beliefs shall be subject only to such limitations 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.

Violations of Article 9 are as follows:

• Wearing religious clothing as part of uniforms at school
• Wearing religious clothing in public places such as workplaces and the court
• Taking days off from work or school for religious reasons

Examples include being forced to remove a crucifix necklace at your workplace as it is a violation of your right to freedom of religion.

Nevertheless, these are not absolute and there is a possibility that the employer’s opinions be advocated. Therefore, it is a demanding right to be unconditionally protected.

Definition given by the Attorney-General’s Department (Australia)

The Attorney-General’s Department expresses the right to freedom of thought, conscience, religion or belief as the following:

“With conditional restrictions, one has the right to express or manifest religion or beliefs through teaching, practice, worship and observance.”

All persons have the right to think freely, and to entertain ideas and hold positions based on conscientious or religious or other beliefs. Subject to certain limitations, persons also have the right to demonstrate or manifest religious or other beliefs, by way of worship, observance, practice and teaching. Legislation, policies and programs must respect the right to freedom of thought, conscience and religion or belief, unless they clearly fall within one of the permissible limitations discussed below.

Reference : “Right to freedom of thought, conscience and religion or belief – Attorney-General’s Department”

At its core, Australia protect the right to freedom for its people, however this fundamental liberty is subject to certain restrictions.

The right to freedom of choice of religion

All people have the right to freedom to choose or abandon their religion.

However, it is also true that there are restrictions on religion at the national level.

Disputes and contradictions on religion occur, yet the right to freedom of religion cannot be restricted or interfered with due to the fact that it originates from the United Nations.

To respect and protect the religions and beliefs of others, it is important to deepen our understanding of these rights.