Religion
The particular religious and philosophical beliefs held by a minority group are often what distinguishes them from the majority. It is therefore vital that the rights relating to religion and spirituality are protected in both law and fact. They include the right to freedom of conscience, thought and religion; the right to profess or not to profess to a religion; the right to change religion and protection against coercion to change religion; the right to manifest religion; and finally, the right of parents to have their children educated in line with their particular beliefs and convictions. However, the practice of forced assimilation still occurs in countries in which there is a dominant majority religion.
According to obligations set out in international treaties, states must allow groups and not just individuals the opportunity to practice and manifest their religious beliefs. Majority religious groups should be afforded no preferential treatment by governments, even if they are the recognised state religion. Although the right to manifest one’s beliefs is not an absolute right, any restrictions imposed by the state must be prescribed by law, necessary in a democratic society and for the purpose of serving the public. Therefore, no state should restrict this right just because the religion in question is not the recognised state religion, or because of differing beliefs.
One particular right allows parents to withdraw their children from particular classes if they do not feel the teachings are in line with their own religious and moral convictions. This can be crucial for minority groups, as state education may reflect the views of the majority religion, possibly to the detriment of other religious groups.
Regional and international instruments which protect the right to freedom of religion:
- Article 18 International Covenant on Civil and Political Rights
- Article 18 Universal Declaration of Human Rights
- Article 9 European Convention on Human Rights
- Article 6 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
- Article 12 American Convention on Human Rights
- Article 8 African Charter on Human and Peoples’ Rights
Relevant jurisprudence:
- Kokkinakis v. Greece May 1993
- Manoussakis and Others v. Greece September 1996
- Wingrove v. UK November 1996
- Cha’are Shalom Ve Tsedek v. France March 1999
- Serif v. Greece December 1999
- Thlimmenos v. Greece April 2000
- Hasan and Chaush v. Bulgaria October 2000
- Dahlab v. Switzerland January 2001
- Refah Partisi and Others v. Turkey July 2001