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.

Instruments protecting the right to freedom of religion

International instruments:

• Article 18, Universal Declaration of Human Rights
• Article 18, International Covenant on Civil and Political Rights
• General Comment No. 22 on Article 18 (The Right to Freedom of Thought, Conscience and Religion), Human Rights Committee
• Article 12, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
• UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
• Article 6, Resolution 36/55 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, General Assembly

Regional instruments:

• Article 8, African Charter on Human and Peoples’ Rights
• Article 12 and 13, American Convention on Human Rights
• Articles III and XXIII, American Declaration of the Rights and Duties of Man
• Articles 9 and 14, European Convention on Human Rights
• Articles 10, 14, 21 and 22, Charter of Fundamental Rights of the European Union

Relevant jurisprudence

International cases:

• Malakhobsky and Pikul v Belarus, Human Rights Committee, 2003
• Hudoyberganova v Uzbekistan, Human Rights Committee, 2000

Regional cases:

• Jehovah’s Witnesses of Moscow v Russia, European Court of Human Rights, 2010
• Refah Partisi and Others v Turkey, European Court of Human Rights, 2001
• Free Legal Assistance Group and Others v Zaire, African Commission of Human and People’s Rights, 2000
• Cha’are Shalom Ve Tsedek v France, European Court of Human Rights, 1999
• Manoussakis and Others v Greece, European Court of Human Rights, 1996
• Valsamis v Greece, European Court of Human Rights 1995
• Wingrove v UK, European Court of Human Rights, 1993

Domestic cases:

• R v Headteachers of Y School, United Kingdom High Court, 2006  
• Wittmann v Deutscheer Schulverein, Pretoria and Others, High Court of South Africa, 1998

Photo: A man stands outside a Catholic church in Peshawar, June 2009. Credit: Jared Ferrie.