Freedom of Religion/Traditions
Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right?
Article 18 of the Universal Declaration of Human Rights (1948) protects an individual’s right to freedom of thought, conscience, and religion. The classification of freedom of religion as a fundamental right is to allow public choice of worship and to ensure protection from persecution on religious grounds and from conformity to a cultural majority through government influence. A state authority cannot interfere with how one chooses to worship or practice their religion, or whether one chooses if they worship at all. However, there is a philosophical and moral tradition of state secularism that challenges the classification of this freedom. From a secular state perspective, a state with separation between religious institutions and law making bodies or governance powers, is intended to offer a neutral standpoint on the matter of religion. The institutional order separates church and state, in order to prevent religious powers from advancing their interests with the use of political influence, and to keep political duties prioritized over religious obligations. “In a secular state, the protection of freedom of conscience and the equal treatment of people in religious matters does require restrictions on religious freedom in official spaces (Castro, 2021)” This perspective puts into question how fundamental religious freedom really is in practice compared to the freedom of conscience, whether in a public or private manner. Hobbes suggests that rather than separation of church and state, the subordination of church to the state for the sake of survival through unity is well within the authority of the state (Curley, 2015, 2). Unity through a common religion would then in theory benefit the survival of the state. In Leviathan, Hobbes discusses the Rights of Sovereigns by Institutions, articulating how the sovereign is judge of what is necessary for the peace and defense of its subjects, including the judgment of what doctrines are fit to be taught by them (Hobbes, 1651, XVIII). In his analysis, Edwin Curley discusses the extent to Hobbsian theory where he believes this repression is just so far it does not exceed its limits. “Repression of thought and expression beyond what is necessary for political purposes is not only an abrogation of the sovereign's duty, it is counter-productive, provoking bitterness and resentment, and undermining the loyalty of his subjects (Curley, 2015, 3). While there is still the right to private conscience, as long as one adheres to the doctrines of the state publicly, based on the previous argument, Hobbes advocates for the private beliefs of whatever one chooses, as long as it does not affect the actions of an individual as a subject to the sovereign state. “Hobbesian theory states that laws bind actions; people are thus free to do whatever they like as long as this doing stays in their thoughts (Tralau, 2011, 67).” This restriction on free practice, public or private, and the individual classifications of religious liberty and liberty of conscience, declassify freedom of religion as a fundamental right completely, but still includes freedom of conscience as acceptable under the limit that it still does not threaten the state. According to this theory by Hobbes, Freedom of conscience is the only guaranteed element of this freedom, truly classified as a fundamental right, in order to avoid disparity and conflict within the body of state subjects. While Hobbes advocated for absolute state authority, removing religious freedom from the state completely, the secular state allows religious liberty but only to an extent. In both a Hobbesian state and a secular state, freedom of conscience can only truly be protected as a fundamental right, to ensure true neutrality or stability. Freedom of conscience and religion combat one another in each of these perspectives, thus disputing the classification of freedom of religion in the philosophical tradition of a Hobbesian state, or a moral tradition of state secularism and neutrality.
Castro, Faviola Rivera. 2021. “Rawls’ Critique of the Secular State.” IDEES. December 17, 2021. https://revistaidees.cat/en/rawls-critique-of-the-secular-state/.
Curley, Edwin. 2015. “Hobbes and the Cause of Religious Toleration.” https://sites01.lsu.edu/faculty/voegelin/wp-content/uploads/sites/80/2015/09/Edwin-Curley.pdf.
Hobbes, Thomas. April 1651. Leviathan. “The Project Gutenberg EBook of Leviathan, by Thomas Hobbes.” n.d. Www.gutenberg.org. https://www.gutenberg.org/files/3207/3207-h/3207-h.htm#link2H_4_0215.
Tralau, Johan. 2011. “Hobbes Contra Liberty of Conscience.” Political Theory 39, no. 1: 58–84. https://www.jstor.org/stable/23036034?seq=14.