Right to Freedom of Thought, Conscience, Religion and Expression

 

INTERNATIONAL

Universal Declaration of Human Rights - Article 18 and 19

The right to freedom of thought, conscience,religion, opinion and expression belongs to all people according to these articles. The right to freedom ofthought, conscience and religion under Article 18 includes freedom to change religion or belief, and freedom, either alone or in community with others and in public or private, to manifest religion or belief in teaching, practice, worship and observance. The right to freedom of opinion and expression under Article 19 includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

International Covenant on Civil and Political Rights - Article 18 and 19

According to Article18, everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and 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. Coercion to have or to adopt a religion or belief is forbidden. Exceptions are allowed as prescribed by law and if it is necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. The States Parties to the Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

According to Article 19, everyone shall have the right to hold opinions withoutinterference, the right to freedom of expression. The latter right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice. The right to freedom of expressions may be subject to certain restrictions, but only as provided by law and if it is necessary for respect of the rights or reputations of others or for the protection of national security or of public order (ordre public), or of public health or morals.

The Human Rights Committee in its General Comment 22 clarifies that the enumerated rights in Article 18 are deep and profound and encompass freedom of thought on all matters, personal conviction and the commitment to religion or belief, whether manifested individually or in community with others. It also emphasizes that the terms "faith" and "religion" should be broadly interpreted and thus include both theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.

Freedom to manifest one's religion should also be broadly interpreted. The Committee refers to both ceremonial acts and practices such as observance of dietary regulations, to wear distinctive clothing or head coverings, participation in rituals associated with certain stages of life, and the use of a particular language usually spoken by a group.

No limitations on the freedom of thought, conscience, religion and belief are permitted, the rights are therefore protected unconditionally.

The Human Rights Committee tackles other aspects of Article 18 as well.

The Human Rights Committee in its General Comment 10 clarifies its position on Article 19. "The right to hold opinions without interference" is declared an absolute right without exception or limitation. Freedom of expression may be subject to limitations. However, when a State Party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself.

AFRICA

African Charter on Human and Peoples' Rights - Article 8 and 9.2

Everyone shall have the right to express and disseminate his opinions within the law. The right to freedom of conscience, the profession and free practice of religion shall be guaranteed. The right is absolute.

AMERICAS

American Convention on Human Rights - Article 12 and 13

The individual's right to freedom of conscience and religion includes freedom to maintain or to change his religion or beliefs, and freedom to profess or disseminate his religion or beliefs, either individually or together with others, in public or private. The right to freedom to maintain or to change religion or beliefs may be subject to the limitations prescribed by law that are necessary to protect public safety, order, health, or morals, or the rights or freedoms of others. Parents or guardians have the right to provide for the religious and moral education of their children or wards that is in accord with their own convictions.

The individual's right to freedom of thought and expression includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of his choice. The exercise of this right shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure respect for the rights or reputations of others, or the protection of national security, public order, or public health or morals.

The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law.

EUROPE

Charter of Fundamental Rights of the European Union- Article 10 and 11

Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance. The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The freedom and pluralism of the media shall be respected. 

The Charter is consistent with the European Convention on Human Rights adopted in the framework of the Council of Europe: when the Charter contains rights that stem from this Convention, their meaning and scope are the same.

The provisions of the Charter are addressed to:

  • the institutions and bodies of the EU with due regard for the principle of subsidiarity; and
  • the national authorities only when they are implementing EU law.

The Charter does not extend the competence of the EU to matters not included by the Treaties under its competence.

European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 9 and 10

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.

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

MIDDLE EAST

Arab Charter on Human Rights – Article 30 and 32

Everyone has the right to freedom of thought, conscience and religion and no restrictions may be imposed on the exercise of such freedoms except as provided for by law. The freedom to manifest one's religion or beliefs or to perform religious observances, either alone or in community with others, shall be subject only to such limitations as are prescribed by law and are necessary in a tolerant society that respects human rights and freedoms for the protection of public safety, public order, public health or morals or the fundamental rights and freedoms of others. Parents or guardians have the freedom to provide for the religious and moral education of their children.

The Charter guarantees the right to information and to freedom of opinion and expression, as well as the right to seek, receive and import information and ideas through any medium, regardless of geographical boundaries. Such rights and freedoms shall be exercised in conformity with the fundamental values of society and shall be subject only to such limitations as are required to ensure respect for the rights or reputation of others or the protection of national security, public order and public health or morals.

 
 

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[23 October 2015]

 

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