Rights by country
| Breakout | Right | Section | Contents |
|---|---|---|---|
| Afghanistan | Freedom of Association | History | Article 32 of the 1964 Constitution articulated protections of Freedom of Assembly and Freedom of Association. With reference to freedom of assembly, it stated: "Afghan citizens have the right to assemble unarmed, without prior permission of the State, for the achievement of legitimate and peaceful purposes, in accordance with the provisions of the law." With reference to freedom of association, it stated: "Afghan citizens have the right to establish, in accordance with the provisions of the law, associations for the realisation of material or spiritual purposes."
Freedom of association is mentioned in the Afghanistan constitution of 2004 under Chapter II article 35. However, according to a US State Department 2022 report, the Taliban has restricted freedom of association and assembly and does not respect the constitution. References: 1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish 2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en US State Department Afghanistan 2022 Human Rights Report: https://www.state.gov/wp-content/uploads/2023/03/415610_AFGHANISTAN-2022-HUMAN-RIGHTS-REPORT.pdf |
| Albania | Freedom of Association | History | Article 199 of the 1928 Fundamental Statute of the Kingdom of Albania guaranteed freedom of association "in conformity with the law." Article 53 of the 1976 Albanian Constitution states that “citizens enjoy the freedom of speech, the press, organization, association, assembly and public manifestation. The state guarantees the realization of these freedoms, it creates the conditions for them, and makes available the necessary material means” (“The Albanian Constitution of 1976").
Freedom of Association is also asserted in the Albanian Constitution of 1998, in Chapter III, Article 46. References: 1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html 1976 Albania Constitution: https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf 1998 Albania Constitution: https://www.constituteproject.org/constitution/Albania_2012 |
| Algeria | Freedom of Association | History | Article 19 of the 1963 Algerian Constitution states that “the Republic guarantees freedom of the press and of other means of information, freedom of association, freedom of speech and public intervention, and freedom of assembly” (Middle East Journal, 1963) .
References: “The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450. |
| Andorra | Freedom of Association | History | Freedom of association is guaranteed in the Constitution of the Principality of Andorra of 1993 in Chapter III, Article 17.
References: 1993 Andorra Constitution: https://www.constituteproject.org/constitution/Andorra_1993#s101 |
| Angola | Freedom of Association | History | Article 22 of the 1975 Angolan Constitution states: "Within the framework of the realization of the basic objectives of the People's Republic of Angola, the law will ensure freedom of expression, assembly, and association."
Freedom of assembly in Angola is asserted in the 1992 Angolan constitution, part II, article 32: "Freedom of expression, assembly, demonstration and all other forms of expression shall be guaranteed." The 2010 constitution of Angola guarantees freedom of association in Chapter II, section I, article 48 References: 1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197 1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf 2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010 |
| Antigua and Barbuda | Freedom of Association | History | Freedom of association is asserted in Chapter II, article 13(1) of the Antigua and Barbuda Constitution of 1981.
References: The 1981 Constitution of Antigua and Barbuda: https://www.legislation.gov.uk/uksi/1981/1106/pdfs/uksi_19811106_en.pdf |
| Argentina | Freedom of Association | History | The first assertion of the freedom of association of Argentina can be found in Part I, Chapter 1, Article 14 of the Constitution of the Argentine Nation of 1853. The 1853 Constitution as amended to 1957 specifies association rights with reference to labor unions and trade unions. This language remains in the Constitution as amended to 1994.
References: 1853 Argentina Constitution:French translation of the original Constitution of 1853 780 (2010) Chapter I: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzar0007&id=2&men_tab=srchresults 1853 Argentina Constitution as amended to 1957: English text of the Constitution of 1853 consolidated as amended to 1957. 3 (2011) First Part: Declarations, Rights, and Guarantees: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzar0015&id=7&men_tab=srchresults# Argentina Constitution as of 1994: http://www.biblioteca.jus.gov.ar/Argentina-Constitution.pdf |
| Armenia | Freedom of Association | History | Freedom of association is asserted in Article 25 of the 1995 Constitution of the Republic of Armenia:
"Everyone has the right to form associations with other persons, including the right to form or join trade unions. Every citizen is entitled to form political parties with other citizens and join such parties. These rights may be restricted for persons belonging to the armed forces and law enforcement organizations. No one shall be forced to join a political party or association." References: 1995 Constitution of the Republic of Armenia: http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng |
| Australia | Freedom of Association | History | The right to association is mentioned in the ICCPR article 22. Australia ratified this treaty in 1980. In the Australian constitution there is no free-standing right to association.
References: Australian Law Reform Commission, "Traditional Rights and Freedoms - Encroachments by Commonwealth Laws", ALRC, Sydney (2014), ch. 4: https://www.alrc.gov.au/wp-content/uploads/2019/08/ip46_ch_4._freedom_of_association.pdf Australian Human Rights Commission, "Freedom of Association: https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-association |
| Austria | Freedom of Association | History | Freedom of association was articulated in Article 12 of Austria's “Basic Law on the General Rights of Nationals in the Kingdoms and Länder represented in the Council of the Realm” in 1867.
According to a report on human rights practices from the US State Department, "The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights." Austria ratified the ILO "Freedom of Association and Protection of the Right to Organise Convention" in 1950. References: 1867 Basic Law: https://www.servat.unibe.ch/icl/au03000_.html US State Department Report on Human Rights Practices in Austria: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/austria/ 1950 International Labor Organization Convention: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300_INSTRUMENT_ID:312232 |
| Azerbaijan | Freedom of Association | History | The first assertion of freedom of association in the 1995 constitution of the Azerbaijan Republic is mentioned under Chapter III Article 58 section I through IV.
References: Constitution Of The Azerbaijan Republic, as amended on August 24, 2002: https://constitutionnet.org/sites/default/files/Azerbaijan%20Constitution.pdf Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971. |
| Bahrain | Freedom of Association | History | The first assertion of freedom of association in the 1973 Constitution of the State of Bahrain that was ratified May 26th is mentioned under chapter III, article 27: "Freedom to form associations and trade unions on a national basis and for lawful objectives and by peaceful means shall be guaranteed in accordance with the conditions and procedures prescribed by the law. No one shall be compelled to join or remain in any association or union."
One finds similar language in Article 27 of the 2002 Constitution with amendments through 2017: "The freedom to form associations and unions on national principles, for lawful objectives and by peaceful means is guaranteed under the rules and conditions laid down by law, provided that the fundamentals of the religion and public order are not infringed. No one can be forced to join any association or union or to continue as a member." References: “Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html Bahrain 2002 (Rev. 2017) Constitution.” Constitute: https://www.constituteproject.org/constitution/Bahrain_2017?lang=en. |
| Bangladesh | Freedom of Association | History | Article 38 of the 1972 Bangladesh Constitution asserts: "Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order."
References: 1972 Bangladesh Constitution: http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf |
| Barbados | Freedom of Association | History | Article 21 of the 1966 Barbados Constitution held: "1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests. 2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -
a. that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or c. that imposes restrictions upon public officers or members of a disciplined force." References: 1966 Barbados Constitution: https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html |
| Belarus | Freedom of Association | History | The first assertion of freedom of association in the Republic of Belarus is mentioned in the Belarus constitution of 1994, ratified March 15 on section II, article 36. The constitution was amended through a referendum November 26th, 1996. Article 36 remains the same.
References: 1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults 1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e |
| Belgium | Freedom of Association | History | Article 25 of the 27 October 1830 Draft Constitution of Belgium asserted the right to association.
The 1831 Constitution of Belgium, ratified February 7th, asserted the right to freedom of association in Article 20. In the current constitution freedom of association is found in Article 27. References: English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults 1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831 English translation of the Belgian Constitution as updated following the revision of 17 March 2021: https://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf |
| Belize | Freedom of Association | History | The first assertion of freedom of association in Belize is mentioned in the Belize Constitution of 1982 under Part II, Article 13. Section one articulated the right: "Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests or to form or belong to political parties or other political associations." Section two articulated exceptions and limitations:
"Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision- that is required in the interests of defence, public safety, public order, public morality or public health; that is required for the purpose of protecting the rights or freedoms of other persons; that imposes restrictions on officers in the public service that are required for the proper performance of their functions; or that is required to prohibit any association the membership of which is restricted on grounds of race or colour." References: 1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html |
| Benin | Freedom of Association | History | Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed freedom of association, though in the context of respecting public order.
Freedom of association in the Republic of Benin was also guaranteed in the Constitution of Benin that was adopted at the referendum on December 2nd, 1990 under Title II, article 25 References: "Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=# 1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf |
| Bhutan | Freedom of Association | History | Freedom of association is asserted in the Constitution of Bhutan of 2008, enacted July 18th under Article 7(12): "A Bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association."
References: Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008 |
| Bolivia | Freedom of Association | History | Article 6d of the 1938 Bolivian Republican Constitution listed a number of "fundamental rights" enjoyed by all. Among these rights was the right "To meet and associate for any purpose, which is not contrary to the security of the state...."
Freedom of association of Bolivia is described in the Constitution of 2009 of the Plurinational State of Bolivia under Chapter III, Section I, Article 21 (4) References: 1938 Bolivian Republican Constitution: English text of the Constitution of 1938 376 (2010) Section II: Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Pagecollection=cow&handle=hein.cow/zzbo0010&id=2&men_tab=srchresults “Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009 |
| Bosnia and Herzegovina | Freedom of Association | History | Freedom of association in Bosnia and Herzegovina is guaranteed in the Constitution of the Federation of Bosnia and Herzegovina of 1995 under Chapter II, Article 2, Section 3(i)
References: https://advokat-prnjavorac.com/legislation/constitution_fbih.pdf |
| Botswana | Freedom of Association | History | According to Article 13 of the 1966 Botswana Constitution:
"(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; (b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; (c) that imposes restrictions upon public officers, employees of local government bodies, or teachers; or (d) for the registration of trade unions and associations of trade unions in a register established by or under any law, and for imposing reasonable conditions relating to the requirements for entry on such a register (including conditions as to the minimum number of persons necessary to constitute a trade union qualified for registration, or of members necessary to constitute an association of trade unions qualified for registration) and conditions whereby registration may be refused on the grounds that any other trade union already registered, or association of trade unions already registered, as the case may be, is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which registration of a trade union or association of trade unions is sought, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society." References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana |
| Brazil | Freedom of Association | History | According to Thiago Luís Santos Sombra the right to freedom of association in Brazil dates to 1891: "The freedom of association is, thus, an extension of private autonomy and, although it was only included in the Brazilian legal order as a
constitutional guarantee in the 1891 Constitution (art. 72), it represents a social phenomenon that precedes the Declarations of Rights and the Constitutions of the 19th Century." Brazil’s current constitution ( 1988) has exceptionally detailed freedom of association provisions. Title II-I-5 states that: - there is total freedom of association for lawful purposes, but any paramilitary association is prohibited; - creation of associations and, as set forth in law, of cooperatives, requires no authorization, prohibiting state interference in their operations; - associations may be compulsorily dissolved or their activities suspended only by a judicial decision, which in the former case must be a final and unappealable decision; - no one can be compelled to join an association or to remain in one; - when expressly authorized, associations have standing to represent their members judicially and extrajudicially References: Sombra, Thiago Luís Santos, "Representation and Deliberation: Does Every Vote Have The Same Influence In The Voting Process Of Associations?" Thurgood Marshall Law Review n. 41, issue 2, December 2015 “Federal Supreme Court Constitution - Stf.jus.br.” Accessed September 14, 2022. https://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf. |
| Brunei | Freedom of Association | History | According to the US Department of State in 2021, "The law does not provide for freedom of association. The law requires formal groups, including religious, social, business, labor, and cultural organizations, to register with the Registrar of Societies and provide regular reports on membership and finances."
References: 2021 Country Reports on Human Rights Practices: Brunei: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/brunei/ |
| Bulgaria | Freedom of Association | History | Article 83 of the 1879 Constitution of the Principality of Bulgaria states: "Bulgaria subjects have the right of forming associations without any previous authorization, on condition that the object in view of, and the means employed by, these
assoclatIons be not prejudicial to public order, religion, or good morals." After independence, Article 83 of the revised version of the 1879 Constitution as amended to 1911 continued to guarantee freedom of association using very similar language. References: 1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XIV: The Ordinary National Assembly: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=8&men_tab=srchresults 1879 Constitution as amended to 1911 : English text of the Constitution of 1879, as amended to 1911 95 (2010) Section 10: The Right of Petition: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0005&id=8&men_tab=srchresults |
| Burkina Faso | Freedom of Association | History | According to Article 7 of the 1959 Constitution of Upper Volta, "The political parties and groups participate in the expression of suffrage. They form themselves and exercise their activities freely within respect for the democratic principles and of the sovereignty of the State."
Article 13 of the 1970 Constitution of Upper Volta stated: "Citizens shall enjoy freedom of speech, press, assembly, association, procession and demonstration in the conditions laid down by law. The exercise of these rights shall be limited only by the freedom of others, security and public order" According to Article 21 of the 1991 Constitution of Burkina Faso, as revised in 2015, "The freedom of association is guaranteed. Every person has the right to constitute associations and to participate freely in the activities of the associations created. The functioning of the associations must conform to the laws and regulations in force. The syndical freedom is guaranteed. The unions exercise their activities without constraint and without limitation other than those specified by the law." References: English Translation of the French Official Original Text of the Constitution of 1959 3-4 (2021) Title I: Of the State and of Sovereignty: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbf0033&id=3&collection=cow&index= 1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults 1991 Constitution of Burkina Faso 1991 as revised in 2015: https://www.constituteproject.org/constitution/Burkina_Faso_2015 |
| Burundi | Freedom of Association | History | In the 1962 Constitution of Burundi, Article 18 provides for freedom of association: "All Barundi have the right of association and of assembly, except in regard to associations or assemblies which are illegal or contrary to morals."
References: English translation of the Constitution of 1962, "Title II: Barundi and their Rights," Constitution of the Kingdom of Burundi : 20-21: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbi0002&id=3&men_tab=srchresults |
| Cambodia | Freedom of Association | History | Article 10 of the 1947 Constitution states: "All Cambodians have a right to associate freely, unless their association endangers or tends to endanger the liberties guaranteed by the present Constitution. They are also granted liberty of meeting."
According to Article 42 of the 1993 Constitution, "Khmer Citizens shall have the right to establish associations and political parties. These rights shall be determined by law. Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order." References: 1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf 1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539 |
| Cameroon | Freedom of Association | History | The 1961 Cameroon Constitution offered a general guarantee of those rights in the UDHR (of which one is freedom of association): "The Federal Republic of Cameroon is democratic, secular and social. It shall ensure the equality of all citizens before the law. It affirms its adherence to the fundamental freedoms set out in the Universal Declaration of Human Rights and the Charter of the United Nations." However, the 1961 Constitution did not discuss the right to freedom of association specifically.
Freedom of association is specifically guaranteed in the 1972 Cameroon Constitution: "the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law" References: 1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf 1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en |
| Canada | Freedom of Association | History | Chapter 345 Section 5 of Saskatchewan’s Bill of Rights (1947) states that “every person and every class of persons shall enjoy the right to peaceable assembly with others and to form with others associations of any character under the law.”
Part 1 of the Canadian Bill of Rights (1960) lists “freedom of assembly and association” as a guaranteed right. This was an ordinary act of parliament, and it has been replaced by the Canadian Charter of Rights and Freedoms, an amendment to the Canadian Constitution. References: 1947 Saskatchewan Bill of Rights Act: https://www.canlii.org/en/sk/laws/astat/ss-1947-c-35/latest/ss-1947-c-35.html 1960 Canadian Bill of Rights: https://laws-lois.justice.gc.ca/eng/acts/c-12.3/page-1.html |
| Cape Verde | Freedom of Association | History | Article 51 of the 1980 Cape Verde Constitution articulated the right to freedom of association.
References: Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992 |
| Central African Republic | Freedom of Association | History | Article 12 of the 1994 Constitution stated: "Every citizen has the right to freely constitute associations, groups, societies, and establishments of public utility under reservation of conformity to laws and regulations. The associations, groups, societies and establishments, of which the activities are contrary to public order as well and the unity and the cohesion of the Central African people, are prohibited."
References: Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf |
| Chad | Freedom of Association | History | According to Article 5 of the 1959 Constitution of Chad, "citizens have the right to associate, to petition and to manifest freely their thoughts. The exercise of these rights has as its only limit the rights or the freedom of others and public security."
Freedom of Association continued to be protected under Article 28 of the 2018 Constitution of Chad: "The freedoms of opinion and of expression, of communication, of conscience, of religion, of the press, of association, of assembly, of movement, and of demonstration are guaranteed to all. They can only be limited in respect of the freedoms and rights of others and by the imperative to safeguard the public order and good mores. The law determines the conditions of their exercise." References: 1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults 2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en |
| Chile | Freedom of Association | History | Article 12.6 of the Chile Constitution of 1833, as amended to 1865 protected freedom of association.
References: Chile Constitution of 1833, as amended to 1865: Spanish text of the Constitution of 1833 as amended to 1865. 69 (2016) Chapter V: Public Law of Chile https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0286&id=3&men_tab=srchresults# |
| China | Freedom of Association | History | Chapter 2-4 of the Provisional Constitution of the Republic of China (1912) stated that “citizens shall have the freedom of speech, of composition, of publication, of assembly and of association.”
Under the current government of China, Article 35 of the 2018 Constitution of the People’s Republic of China states: “Citizens of the People’s Republic of China shall enjoy freedom of speech, the press, assembly, association, procession and demonstration.” References: 1912 Provisional Constitution of the Republic of China: “The Provisional Constitution of the Republic of China.” The American Journal of International Law 6, no. 3 (1912): 149–54. https://archive.org/details/jstor-2212590/page/n1/mode/2up China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018 |
| Colombia | Freedom of Association | History | Article 5(8) of the 1853 Constitution of New Grenada offered a broad discussion of the freedom of assembly, including the right to unarmed assembly for the purpose: "to discuss any matters of public or private interest, and to express freely and without responsibility opinions upon the same." Article 56(11) of the 1858 Constitution of the Grenadine Federation guaranteed: "Freedom of unarmed association with such restrictions as the law may establish".
According to Article 38 of the 1991 Colombia Constitution: The right of free association for the promotion of various activities that individuals pursue in society is guaranteed." References: 1853 Constitution of New Grenada: English translation of the Spanish original text of the Constitution of 1853 202 (2009) Title I: The Republic of New Granada; and Granadines https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzco0029&id=2&men_tab=srchresults 1858 Constitution of the Grenadine Federation: English translation of the Spanish original text of the Constitution of 1858 240 (2009) Title V: Rights of Individuals 1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015 |
| Comoros | Freedom of Association | History | Article 21 of the 2018 Comoros Constitution asserts: "The freedom of thought and of expression, of association, of intellectual, artistic or cultural creation, of protest and the other freedoms consecrated by the Constitution, the laws and by the international law received within the juridical internal order, are guaranteed." |
| Costa Rica | Freedom of Association | History | According to Article 25 of the 1949 Constitution, "The inhabitants of the Republic have the right of association for lawful purposes. No one may be compelled to form a part of any association whatsoever." http://hrlibrary.umn.edu/research/costarica-constitution.html |
| Croatia | Freedom of Association | History | Article 43 of the 1991 Croatia Constitution states: "Everyone shall be guaranteed the right to freedom of association for the purposes of protection of their interests or promotion of their social, economic, political, national, cultural and other convictions and objectives. For this purpose, everyone may freely form trade unions and other associations, join them or leave them, in conformity with law. The exercise of this right shall be restricted by the prohibition of any violent threat to the democratic constitutional order and independence, unity and territorial integrity of the Republic of Croatia." https://www.constituteproject.org/constitution/Croatia_2013?lang=en |
| Cuba | Freedom of Association | History | Article 54 of the 1976 Cuba Constitution states: "The rights of assembly, demonstration and association are exercised by workers, both manual and intellectual; peasants; women; students; and other sectors of the working people, [rights] to which they have the necessary ability (los medios necesarios) to exercise. The social and mass organizations have all the facilities they need to carry out those activities in which the members have full freedom of speech and opinion based on the unlimited right of initiative and criticism." https://constituteproject.org/constitution/Cuba_2002 |
| Cyprus | Freedom of Association | History | Article 21, Section 2 of the 1960 Cyprus Constitution states: "Every person has the right to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.". There are limitations to this right in Article 21, Section 3-4: "No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are absolutely necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person, whether or not such person participates in such assembly or is a member of such association. Any association the object or activities of which are contrary to the constitutional order is prohibited." https://www.constituteproject.org/constitution/Cyprus_2013?lang=en |
| Czech Republic | Freedom of Association | History | Article 20, section 1 of the 1992 Czechoslovakia Charter of Fundamental Rights and Freedoms guaranteed freedom of association. Section 3 of that same article described some limitations to this freedom: "The exercise of these rights may be limited only in cases specified by law, if it involves measures that are necessary in a democratic society for the security of the state, the protection of public security and public order, the prevention of crime, or the protection of the rights and freedoms of others." CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS. https://www.usoud.cz/fileadmin/user_upload/ustavni_soud_www/Pravni_uprava/AJ/Listina_English_version.pdf |
| Democratic Republic of the Congo | Freedom of Association | History | According to Article 28 of the 1964 Constitution of the Democratic Republic of the Congo, citizens have the right to freedom of association. They also have the right to strike, and this entails the responsibility of the government to ensure that "vital public services or services of public interest" continue even during a strike. However, Article 29 forbids police officers, members of the military, and the Gendarmerie from striking and from joining trade unions or other political associations.
References: 1964 Constitution of the Democratic Republic of the Congo: https://en.wikisource.org/wiki/Translation:Constitution_of_the_Democratic_Republic_of_the_Congo_(1964)#Title_II._Fundamental_rights |
| Denmark | Freedom of Association | History | According to Article 87 of the Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: "The citizens shall have the right, without previous authorization, to form associations for any lawful purpose. No association shall be dissolved by an order of the government. However, associations may be forbidden temporarily, but in such cases an action shall immediately be brought for the dissolution of such associations."
References: Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: English translation of the Fundamental Law of 1866, revising that of 1849. 279 (1866) VIII: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdk0009&id=13&men_tab=srchresults |
| Djibouti | Freedom of Association | History | Article 15 of the 1992 Constitution of the Republic of Djibouti guarantees both freedom of association and the right to strike.
References: 1992 Constitution of the Republic of Djibouti: "Title I: Of the State and Of Sovereignty," Constitution of the Republic of Djibouti, 15 September 1992 : 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdj0005&id=3&men_tab=srchresults |
| Dominica | Freedom of Association | History | Article 11 of the 1978 Constitution of the Commonwealth of Dominica guarantees freedom of association, including trade union membership.
References: 1978 Constitution of the Commonwealth of Dominica: "Chapter I: Protection of Fundamental Rights and Freedoms," Commonwealth of Dominica Constitution Order, 1978 (1978): 2919-2934: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdm0004&id=17&men_tab=srchresults |
| Dominican Republic | Freedom of Association | History | Article 30 of the 1844 Constitution of the Dominican Republic guarantees freedom of association.
References: 1844 Constitution of the Dominican Republic: Spanish orignal text of the Constitution of 1844 57 (2012) Chapter I: Of Sovereignty https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdo0015&id=5&men_tab=srchresults |
| East Timor | Freedom of Association | History | The first assertion of freedom of association in East Timor comes in its Constitution, ratified on May 20, 2002. The right is found in Part II, Title II, Section 43 (“Constitution of the Democratic Republic of Timor-Leste”, 2002). Section 43 states: "1. Everyone is guaranteed freedom of association provided that the association is not intended to promote violence and is in accordance with the law.
2. No one shall be compelled to join an association or to remain in it against his or her will. 3. The establishment of armed, military or paramilitary associations, including organisations of a racist or xenophobic nature or that promote terrorism, shall be prohibited." Also relevant to freedom of association is the defense of freedom of assembly in Section 42 of the 2002 East Timor Constitution: "1. Everyone is guaranteed the freedom to assemble peacefully and unarmed, without a need for prior authorisation. 2. Everyone is recognised the right to demonstrate in accordance with the law." References: 2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf. |
| Ecuador | Freedom of Association | History | Elements of freedom of association in Ecuador can be found in the Constitution of 1869, ratified on August 11. The right comes in Title XI, Article 109: "Equatorians have the right to assemble without arms, provided they respect religon, morality, and public order."
Article 24 of the 1897 Constitution of Ecuador was more explicit about freedom of association: "There shall be liberty of meeting and association, without arms, for purposes not prohibited by the laws." The current Constitution, ratified in 2008, asserts the right in Article 66 (“Ecuador 2008 (rev. 2021) Constitution”, 2021). References: 1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults 1897 Constitution of Ecuador: English translation of the original Constitution of 1897 1098 (2010) Chapter IV: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0008&id=4&men_tab=srchresults 2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en. |
| Egypt | Freedom of Association | History | The first known assertion of the right to association in Egypt was in the Royal Decree No. 42 of 1923, which established a Constitutional system of government in monarchical Egypt. The right is established in Part II, Article 21 (“Royal Decree No. 42 of 1923”, 1923).
References: 1923. Royal Decree No. 42 of 1923. https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf. |
| El Salvador | Freedom of Association | History | Chapter 16, Section 73 of the 1841 Constitution of the State of Salvador discusses a right relevant to freedom of association - freedom of assembly: "Every citizen and inhabitant may freely express, write, and publish his opinion, without being subject to censorship, and with the sole condition of being answerable for the abuse of that liberty before a jury established by the law. In like manner, Salvadoreans may assemble peaceably and orderly to discuss questions of public interest, or to address petitions to the constituted authorities; but the originators of such meetings shall be held responsible for any disturbance which may occur."
The first assertion of the right to association in El Salvador was the Constitution of 1872, ratified November 9th. The right is located in Title III, Article 42 (“Constitución Política de la República de El Salvador de 1872”, 1872). English translation of the Constitution of 1841. 218 (2010) "Chapter XVI: Declaration of the Rights, Duties, and Securities of the Nation, and of Salvadoreans in Particular," Political Constitution of the State of Salvador (1841): 218-222 “Constitución Política de La República de El Salvador de 1872.” 1872. Biblioteca Virtual Miguel de Cervantes. November 9. https://www.cervantesvirtual.com/obra-visor/constitucion-politica-de-la-republica-de-el-salvador-de-1872/html/04982632-e83f-491a-873b-3bbf5d5fb62f_2.html. |
| Equatorial Guinea | Freedom of Association | History | The first assertion of the right to association in Equatorial Guinea was in their first constitution, ratified on October 12, 1968. The right is established in Chapter 1, Article 3 (“Constitution of Equatorial Guinea (1968)”, 2023). “Constitution of Equatorial Guinea (1968).” 2023. Wikisource. Wikimedia Foundation, Inc. June 27. https://en.wikisource.org/wiki/Constitution_of_Equatorial_Guinea_(1968). |
| Eritrea | Freedom of Association | History | The first assertion of the right to freedom of association in Eritrea is in the Constitution ratified on May 23, 1997. The right is located in Chapter 1, Article 19 (“Eritrea 1997 Constitution”, 1997). “Eritrea 1997 Constitution.” 1997. Constitute. May 23. https://www.constituteproject.org/constitution/Eritrea_1997?lang=en. |
| Estonia | Freedom of Association | History | The first assertion of a right to association in Estonia is in the Estonian Declaration of Independence, written on February 23, 1918. The right is asserted as the third of the numbered principles in the Declaration. (“Estonian Declaration of Independence”, 1918) “Estonian Declaration of Independence.” 1918. Declaration Project. February 23. https://declarationproject.org/?p=1725. |
| Eswatini | Freedom of Association | History | The Constitution of Eswatini, ratified October 4, 2004, was the first official document to protect association. The right is protected under Chapter III, Article 25 (“Eswatini 2005 Constitution”, 2004). “Eswatini 2005 Constitution.” 2004. Constitute. October 4. https://www.constituteproject.org/constitution/Swaziland_2005?lang=en. |
| Ethiopia | Freedom of Association | History | The first assertion of the right to association in Ethiopia was in the 1955 revised Constitution, ratified on 24 Tekempt in the Ethiopian Calender, which is November 3rd. The assertion of the right is located in chapter 1, article 47 (“1955 revised constitution of Ethiopia”, 1948). “1955 Revised Constitution of Ethiopia.” 1948. European Legal Brief. November 3. https://chilot.files.wordpress.com/2011/04/1955-revised-constitution-of-ethiopia1.pdf. |
| Federated States of Micronesia | Freedom of Association | History | Freedom of association is protected in the Federated States of Micronesia’s Constitution of 1978. Article IV Section 1 states that: “No law may deny or impair freedom of expression, peaceable assembly, association, or petition” (constituteproject.org). “Micronesia (Federated States of) 1978 (Rev. 1990) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Micronesia_1990. |
| Fiji | Freedom of Association | History | The first assertion of association is in Fiji’s first constitution, going into effect October 10, 1970. The right is found in Chapter II, Article 13 (“Fiji Independence Order 1970 and Constitution of Fiji, 1970).
References: 1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf |
| Finland | Freedom of Association | History | The Finnish right to association was first enshrined on July 17th, 1919 in the Constitution Act of Finland. The right is found in Section 10a. (“Constitution Act of Finland”, 1919). “Constitution Act of Finland.” 1919. Refworld. July 17. https://www.refworld.org/docid/3ae6b53418.html. |
| France | Freedom of Association | History | Title I of the French Constitution of 1791 guarantees the right of peaceful assembly.
“Liberty to citizens to assemble peaceably and without arms in accordance with police regulations.” Though the French Constitution of 1791 protected the right to assemble, French revolutionaries considered explicitly excluding free association (Boyd 257). The French enacted a law protecting free association in 1901, and enshrined it in their constitution in 1971 (Boyd 2008, 237). References: Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262. |
| Gabon | Freedom of Association | History | Gabon asserted their right to association first in their 1963 Constitution, ratified May 31. The right is found in Title 1, Article 8 (“CONSTITTUTION DE LA RÉPIJBLIQIJE GABONAISE”, 1963) “CONSTITTUTION DE LA RÉPIJBLIQIJE GABONAISE.” 1963. Wix.Com. May 31. https://support.wix.com/en/article/wix-editor-staticwixstaticcommedia-appears-in-url-of-wix-images. |
| Georgia | Freedom of Association | History | Georgia proclaimed the right to association in the 1995 constitution, ratified on November 6th. The right is located in Chapter II, Article 22 (Georgia 1995 (rev. 2018) Constitution, 1992). “Georgia 1995 (Rev. 2018) Constitution.” 1992. Constitute. November 6. https://www.constituteproject.org/constitution/Georgia_2018?lang=en. |
| Germany | Freedom of Association | History | Article 7 of the of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted freedom of association.
The right to free association for the German state was later asserted in the 11 August 1919 Constitution of the German Reich (The Weimar Constitution), ratified on August 11, 1919. The right can be found in Chapter II, Section II, Article 124. Article 124 states: "All the Germans have the right to form associations or societies for purposes not contrary to criminal law. This right may not be curtailed by preventive measures. The same provisions apply to religious associations and societies. Every association may become incorporated (Erwerb der Rechtsfähigkeit) according to the provisions of the civil law. The right may not be refused to any association on the grounds that its aims are political, social-politica! or religious." References: "IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 213: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index= The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840 |
| Ghana | Freedom of Association | History | Ghana first asserts their right to freedom of association in their 1979 constitution, ratified on September 24th. The right is found in Chapter Six, Article 29 (“Constitution of the third republic of Ghana”, 1979). 1979. Constitution of the Third Republic of Ghana. September 24. https://constitutionnet.org/sites/default/files/constitution_of_the_third_republic_of_ghana.pdf. |
| Greece | Freedom of Association | History | The Greek Constitution of 1927 established the right to association, being ratified on June 3. The right to association is found in Chapter III, Article 14 (“Constitution of Greece (1927)”, 2022). “Constitution of Greece (1927).” 2022. Wikisource, the Free Online Library. Wikimedia Foundation, Inc. May 16. https://en.wikisource.org/wiki/Constitution_of_Greece_(1927) |
| Grenada | Freedom of Association | History | The first assertion of the right to association in Grenada was in the Constitutional Order of 1973, ratified on October 12th. The right can be found in Chapter I, Article 1, Point B (“Grenada Constitution of 1973”, 1973). 1973. Grenada Constitution of 1973. December 19. https://constitutionnet.org/sites/default/files/Grenada%20Constitution.pdf. |
| Guatemala | Freedom of Association | History | The first assertion of the right to associate in Guatemala is located in the Constitutive Law of 1879, which was the Constitutive order issued on December 11. The right is found in Title II, Article 25 (“Constitutions 1830-1900 Reform”, 2015). “Constitutions 1830-1900 Reform.” 2015. Internet Archive: Wayback Machine. May 5. https://web.archive.org/web/20150505003356/http://www.minex.gob.gt/ADMINPORTAL/Data/DOC/20100930181643120Consti1830-1900reform.ydcretos.pdf. |
| Guinea | Freedom of Association | History | The first assertion of the right to associate in Guinea was in their 1958 Constitution, ratified on November 10th. The right is asserted in Title X, Section 40 (Maury, “République de Guinée, Constitution du 10 Novembre 1958”, 1958). Maury, Jean-Pierre. 1958. “République de Guinée, Constitution Du 10 Novembre 1958.” République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm. |
| Guinea-Bissau | Freedom of Association | History | Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.
References: Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s second Constitution, created in 1973, groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17. |
| Guyana | Freedom of Association | History | The first assertion of the right to freedom of association in Guyana is in the 1966 Constitution, ratified on May 16th. The right is found in Chapter II, Article 13 (“National Assembly of the Parliament of Guyana”, 1966). 1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf. |
| Haiti | Freedom of Association | History | The first assertion of the right to associate in Haiti is in the Constitution of 1843, ratified on December 30th. The right is found in Title III, Article 34 (Maury, “Haiti: Constitution du 30 Décembre 1843”, 1843). The Constitution of 1807 makes mention in Title X, Article 30 that “No association…which intends to disturb the public order shall be tolerated in Haiti”, insinuating a right to association that does not disturb the public order, but it does not outright assert the positive right to associate (“The 1807 Constitution of Haiti”, 1807).
Maury, Jean-Pierre. 1843. “Haiti: Constitution Du 30 Décembre 1843.” Haïti, Constitution de 1843, Digithèque MJP. December 30. https://mjp.univ-perp.fr/constit/ht1843.htm. “The 1807 Constitution of Haiti.” 1807. Haiti: 1807 Constitution. February 17. https://web.archive.org/web/20060419010800/http://www.webster.edu/~corbetre/haiti/history/earlyhaiti/1807-const.htm. |
| Honduras | Freedom of Association | History | The first assertion of the right to associate in Honduras was in their Constitution of 1880. The right is located in Chapter Two, Article 9, Number 5 (“Constitución de Honduras de 1880”, 1880). “Constitución de Honduras de 1880.” 1880. Biblioteca Virtual Miguel de Cervantes. Biblioteca Virtual Miguel de Cervantes. November 1. https://www.cervantesvirtual.com/obra-visor/constitucion-de-honduras-de-1880/html/44ec3699-d923-4453-8da4-3f3ab7f0fe36_2.html#I_0_. |
| Hungary | Freedom of Association | History | The first assertion of the right of association in Hungary is the 1949 Constitution, ratified on August 20. The right is found in Chapter 8, Article 56 (“1949 Hungarian Constitution”, 1949). 1949. 1949 Hungarian Constitution. August 20. https://lapa.princeton.edu/hosteddocs/hungary/1949%20Hungarian%20constitution.pdf. |
| Iceland | Freedom of Association | History | The first assertion of the right of association in Iceland is in their 1944 Constitution, ratified on June 17, 1944. The right was asserted in Chapter VII, Article 74 (“Constitution of the Republic of Iceland”, 1944). 1944. Constitution of the Republic of Iceland. June 17. https://www.government.is/library/01-Ministries/Prime-Ministrers-Office/constitution_of_iceland.pdf. |
| India | Freedom of Association | History | The following is from Gandhi’s “Liberty of the Press” from 12 January 1922:
“Freedom of association is truly respected when assemblies of people can discuss even revolutionary projects, the State relying upon the force of public opinion and the civil police, not the savage military at its disposal, to crush any actual outbreak of revolution that is designed to confound public opinion and the State representing it…. The fight for swaraj means a fight for this threefold freedom before all else." Part III Article 19 of the Indian Constitution (1950) grants citizens the right to “form associations or unions” (Dalton). |
| Indonesia | Freedom of Association | History | The Indonesian right of association is first asserted in their 1945 Constitution, ratified on August 18. The right was asserted in Chapter XA, Article 28E (“The 1945 constitution of the Republic of Indonesia”, 1945). 1945. The 1945 Constitution of the Republic of Indonesia. August 18. https://jdih.bapeten.go.id/unggah/dokumen/peraturan/116-full.pdf. |
| Iran | Freedom of Association | History | Article 21 of the Supplementary Constitutional Law of 7 October 1907 states the following:"Societies and associations which do not provoke religious or civil strife are free throughout the realm; but their members must be unarmed and must obey the regulations which the law on this subject shall lay down. Meetings in the high roads or public squares must be held in accordance with the laws of the police."
Under Article 26 of the Constitution of the Islamic Republic of Iran (1979), “The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them” (constituteproject.org). References: Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults# “Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iran_1989. |
| Iraq | Freedom of Association | History | Article 12 of Iraq’s 1925 Constitution protected freedom of association: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law”.
Freedom of association is protected in two different sections of the Iraqi Constitution of 2005. Article 22 Section 3 states that: “The State shall guarantee the right to form and join unions and professional associations, and this shall be regulated by law” while Article 39 Section 1 states that: “The freedom to form and join associations and political parties shall be guaranteed, and this shall be regulated by law” (constituteproject.org). References: Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html “Iraq 2005 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iraq_2005. |
| Israel | Freedom of Association | History | While freedom of association is not explicitly outlined in the Israeli Constitution, the addendum Basic Law: Human Dignity and Liberty of 1992 outlines the fundamental freedoms of life, dignity, and protection afforded to all people (Basic Law: Human Dignity and Liberty, 1992). "[Basic Law: Human Dignity and Liberty]," [Basic Law: Human Dignity and Liberty] (1992): 150-150 |
| Italy | Freedom of Association | History | Part 1 Title 1 Article 18 of the Italian Constitution ( 1947) states that:
- “Citizens have the right to form associations freely and without authorization for those ends that are not forbidden by criminal law.” - “Secret associations and associations that, even indirectly, pursue political aims by means of organisations having a military character shall be forbidden.” |
| Ivory Coast | Freedom of Association | History | The 1960 Constitution of the First Republic of the Côte D’Ivoire openly states its adherence to “the principles of Democracy and of the Rights of Man, as they have been identified by the Declaration of the Rights of Man and of the Citizen of 1789…” (World Constitutions Illustrated). But, it makes no explicit reference to the right of free association until the 2016 Constitution of the Third Republic— Article 20 states that “Freedoms of association, assembly and peaceful demonstration are guaranteed by law” (constituteproject.org).
“Côte d’Ivoire 2016 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Cote_DIvoire_2016. "Title I: Of the State and of Sovereignty," Constitution of the Republic of Cote d'Ivoire 3 November 1960 (1960): 3-4 |
| Jamaica | Freedom of Association | History | Freedom of association has been a protected right since the ratification of the first Constitution of 1962. Chapter III Article 13b states that “Whereas every person in Jamaica is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: … freedom of conscience, of expression and of peaceful assembly and association…” (World Constitutions Illustrated). "Chapter III: Fundamental Rights and Freedoms," Constitution of Jamaica : 812-824 |
| Japan | Freedom of Association | History | Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association."
Article 21 of Japan's 1947 Constitution guaranteed freedom of association as well: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed." References: 1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889 1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html |
| Jordan | Freedom of Association | History | Part I Article 18 of the Jordanian Constitution provides the first mention of freedom of association in Jordan: “18. All Transjordanians shall have the right to assemble together and to form associations within the provisions of the law” (World Constitutions Illustrated). "Part I: Rights of the People," Constitution of Transjordan : 980-981 |
| Kazakhstan | Freedom of Association | History | Freedom of association is protected in several places in the 1993 Constitution of Kazakhstan, but most directly in Chapter 4 Article 16 which states that “Citizens of the Republic shall have the right to form public associations on the basis of free expression of will and community of interests for the implementation of their rights and freedoms”.
References: "The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 112 |
| Kenya | Freedom of Association | History | Freedom of association is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 24(1): "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests."
Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of association: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or (b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or (c) that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society." The language found in Articles 14(b) and 24(1) of the 1963 Constitutions is repeated exactly in Articles 70 and 80(1) of the the 1969 Constitution. The language from 24(2) of the 1963 Constitution is also repeated in Article 80(2) of the 1969 Constitution, but further points are added to Article 80(2) of the 1969 Constitution. References: 1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf 1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1 |
| Kingdom of the Netherlands | Freedom of Association | History | Freedom of association is protected under Article 8: “The right of association shall be recognized. This right may be restricted by Act of Parliament in the interest of public order” (constituteproject.org). “Netherlands 1814 (Rev. 2008) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Netherlands_2008. |
| Kiribati | Freedom of Association | History | Kiribati conditionally protects freedom of association under Chapter II Section 13.1-2 in their 1979 Constitution: “1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association… 2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—(a) in the interests of defence, public safety, public order, public morality or public health; (b) for the purpose of protecting the rights or freedoms of other persons; or (c) that imposes restrictions upon public employees…” (constituteproject.org). “Kiribati 1979 (Rev. 2013) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Kiribati_2013. |
| Kuwait | Freedom of Association | History | - The first Constitution of Kuwait was ratified in 1962 and reinstated in 1992. Freedom of association is protected in Part III Article 43 which provides that “The liberty of forming societies and unions on a national basis and by peaceful means is guaranteed in conformity with the conditions and the stipulations specified by Law; and no person shall be constrained to join any society or union” (constituteproject.org). “Kuwait 1962 (Reinst. 1992) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Kuwait_1992. |
| Kyrgyzstan | Freedom of Association | History | According to Article 8.1 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Political parties, trade unions and other public associations may be organized in the Kyrgyz Republic on the bases of free will and unity or
interests. The State shall guarantee the rights and lawful interests of public associations." References: 1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html |
| Laos | Freedom of Association | History | - The first Constitution of the Lao People’s Democratic Republic protects freedom of association in the preamble which states that “Laos recognizes these as fundamental rights of Laotians: individual freedom, freedom of conscience, freedom of property, freedom to speak, write and publish, freedom to teach, freedom of assembly and association, freedom of profession, equality before the law, security of livelihood” (World Constitutions Illustrated). “Constitution of Laos 11th May, 1947.” World Constitutions Illustrated, n.d. https://heinonline-org.uc.idm.oclc.org/HOL/Page?handle=hein.cow/bfsprs0149&id=1&collection=cow&index=#. |
| Latvia | Freedom of Association | History | Legal protection of freedom of association was not added to the Latvian Constitution until 1998, 78 years after its original ratification (constituteproject.org). In this version, Article 102 states that “Everyone has the right to join associations, political parties and other public organisations” (constituteproject.org). “Latvia 1922 (Reinst. 1991, Rev. 2016) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Latvia_2016. |
| Lebanon | Freedom of Association | History | - Freedom of association is protected under Chapter 1 Article 13 of the 1926 Lebanese Constitution which states: “The freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law” (constituteproject.org). “Lebanon 1926 (Rev. 2004) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Lebanon_2004. |
| Lesotho | Freedom of Association | History | The first Constitution of Lesotho, ratified in 1966, conditionally protects freedom of association in Chapter II Article 15.1-2c: “(1) Every person shall be entitled to, and (except with his own assembly and consent) shall not be hindered in his enjoyment of freedom of association that is to say, freedom to assemble and associate with other persons and in particular to form or belong to trade unions and other associations for the protection of his interests. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons; or (c) for the purpose of imposing restrictions upon public officers” (World Constitutions Illustrated). This Constitution was suspended in 1970, but it is today protected under Article 13 of the 1993 constitution (constituteproject.org).
References: “Lesotho - Africa.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/countries/Africa/Lesotho. “Lesotho Independence Order, 1966.” HeinOnline World Constitutions Illustrated. Accessed July 19, 2023. https://heinonline-org.uc.idm.oclc.org/HOL/COWShow?collection=cow&cow_id=234. |
| Liberia | Freedom of Association | History | The Liberia Constitution of 1825 was written by the American Colonization Society. Article I states that “ALL persons born within the limits of the territory held by the American Colonization Society, in Liberia, in Africa, or removing there to reside, shall be free, and entitled to all such rights and privileges, as are enjoyed by the citizens of the United States” while Article VI further establishes that “The common law, as in force and modified in the United States, and applicable to the situation of the people, shall be in force in the Settlement” (World Constitutions Illustrated).
Article 17 of the 1984 Liberia Constitution states: "All persons, at all times, in an orderly and peaceable manner, shall have the right to assemble and consult upon the common good, to instruct their representatives, to petition the Government or other functionaries for the redress of grievances and to associate fully with others or refuse to associate in political parties, trade unions and other organizations."
1984 Constitution of Liberia: "Schedule," Constitution of the Republic of Liberia https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzlr0001&id=4&men_tab=srchresults "Constitution for the Government of the African Colony at Liberia," Constitution for the Government of the African Colony at Liberia; Plan for the Civil Government of Liberia; Digest of the Laws now in force in the Colony of Liberia, August 19th, 1824 (1825): 5-6 |
| Libya | Freedom of Association | History | Freedom of association is protected under Article 26 of the 1951 Libyan Constitution: “Freedom of peaceful association shall be guaranteed, and the exercise thereof shall be regulated by law. Secret societies and associations that aim to achieve political goals through organizations of a military character are prohibited” (World Constitutions Illustrated). "Constitution of the Kingdom of Libya of 1951," [Constitution of the Kingdom of Libya of 1951] (1951): 1-26 |
| Liechtenstein | Freedom of Association | History | - The Constitution of 1848 of Liechtenstein guarantees freedom of association in Part III Section 51: “The Constitution guarantees the free right of association for peaceful discussions of state and community affairs, which everyone is free to attend” (World Constitutions Illustrated). "Part III: The People and Their Rights," Entwurf: Einer Verfassung fur das Furstenthum Liechtenstein vom 1. Oktober 1848 (1848): 6-8 |
| Lithuania | Freedom of Association | History | - Lithuania’s 1992 Constitution protects freedom of association under Chapter II Article 35 which states that: “Citizens shall be guaranteed the right to freely form societies, political parties and associations, provided that the aims and activities thereof are not contrary to the Constitution and laws. No one may be compelled to belong to any society, political party, or association” (constituteproject.org). “Lithuania 1992 (Rev. 2019) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Lithuania_2019. |
| Luxembourg | Freedom of Association | History | Chapter I Article 26 of the 1868 Constitution of Luxembourg states that: “The Constitution guarantees the right of association, in compliance with the laws that govern the exercise of this right without having to be submitted to a prior authorization” (constituteproject.org). “Luxembourg 1868 (Rev. 2009) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Luxembourg_2009. |
| Madagascar | Freedom of Association | History | The 1992 Constitution of Madagascar was a democratic document that gave citizens the right to freedom of association. Article 10 of the Constitution states that freedom of association, among other rights, is guaranteed to all and may only be limited in the circumstances outlined (“Madagascar: Constitution”).
“Madagascar: Constitution” 1992. Refworld https://www.refworld.org/docid/3ae6b5a98.html |
| Malawi | Freedom of Association | History | The 1964 Malawi Constitution guaranteed freedom of association in Article 11(b) and in Article 21(1). According to Article 21(1): "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests."
Adopted on May 16, 1994, the Constitution of Malawi asserts the right to freedom of association to all citizens in the country’s legal code. Article 32 states that “[e]very person shall have the right to freedom of association, which shall include the freedom to form associations” and “[n]o person maybe be compelled to belong to an association” (Malawi 1994, 16). References: 1964 Malawi Constitution: http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf Malawi. "Malawi's Constitution of 1994 with Amendments through 1999." Constitute Project. 1994. https://faolex.fao.org/docs/pdf/mlw136089.pdf. |
| Malaysia | Freedom of Association | History | The 1957 Federal Constitution of Malaysia is the first piece of legal documentation that assured the right to freedom of association in Malaysia after it gained complete independence from British rule. The document declares that “all citizens have the right to form associations” in Section 1C of article 10 concerning the right to freedom of speech, assembly, and association (Malaysia 1957). Article 10, Section 2C states that " "Parliament may by law impose ... on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality." Article 10 Section 3 states: "Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education."
References: 1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html |
| Maldives | Freedom of Association | History | The first Constitution of the Maldives, created in 1932, protected several civil and political rights, including the freedom to join or form associations and societies in Article 17. The Constitution proved to be short lived, being quite unpopular, and was amended in 1934 and later completely replaced in 1942. The Maldives eventually transitioned from a monarchy to a republic, and the current constitution provides greater protection of the right (Nazeer 2022, 125). Article 16 of the 1969 Constitution of the Republic of Maldives As Amended to 1975 states: "There shall be freedom to form societies and associations as long as they do not contravene provisions specifically laid down in the law."
References: Nazeer, Ahmed. "The Maldives: From Dictatorship to Constitutional Democracy and the Quest for Consolidation ." University of Portsmouth, 2022. 1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723# |
| Mali | Freedom of Association | History | Mali:
Mali’s 1974 Constitution protects the right of its citizens to form unions and associations to protect their professional interests under Article 13 (“Journal Officiel De La République Du Mali” 1974, 2). The freedom to form all associations is found in Mali’s current 1992 constitution under Article 5 (Mali 1992). “Journal Officiel De La République Du Mali” 1974. https://sgg-mali.ml/JO/1974/mali-jo-1974-440.pdf Mali 1992. “Mali 1992 Constitution” Constitute https://www.constituteproject.org/constitution/Mali_1992 |
| Malta | Freedom of Association | History | Achieving its independence as the State of Malta in September of 1964, the country adopted a constitution that included a provision guaranteeing its citizens the right to freedom of association. Article 32 of Chapter IV of the 1964 constitution states that every person in Malta is entitled to the freedom of “peaceful assembly and association” (Mali 1964).
Mali. “Mali 1964 (rev. 2016) Constitution.” Constitute 1964 https://www.constituteproject.org/constitution/Malta_2016 |
| Marshall Islands | Freedom of Association | History | Written before they gained formal independence in 1986, the 1979 Constitution of the Marshall Islands ensures freedom of association to every person. The right to freedom of association is included in the Bill or Rights found under Section 1 of Article II of the Constitution (Marshall Islands 1979)
Marshall Islands. “Marshall Islands 1979 (rev. 1995) Constitution.” Constitute 1979 https://www.constituteproject.org/constitution/Marshall_Islands_1995 |
| Mauritania | Freedom of Association | History | The country’s 1964 Law of Associations acknowledges the existence of associations within Mauritania’s legal code, though it requires them to be registered and authorized by the government. It “gives the Ministry of Interior far-reaching powers to refuse such permission on vague grounds” (MENA Rights Groups 2021). Mauritania’s original constitution, adopted in 1961, affirmed the country’s commitment to the Declaration of the Rights of Man and of the Citizen (1789) which discusses political associations, but does not explicitly state its commitment to the right (Mauritanie 1961).
Mauritanie. “Constitution du 20 mai 1961” Digithéque MJP 1961 https://mjp.univ-perp.fr/constit/mr1961.htm MENA Rights Groups. “Mauritania’s human rights record examined by UN Member States” MENA Rights 2021 https://menarights.org/en/articles/mauritanias-human-rights-record-examined-un-member- |
| Mauritius | Freedom of Association | History | The Constitution of Mauritius, adopted in 1968 after the country’s independence, protects the right to association. This provision is found in section 3 “Fundamental rights and freedoms of an individual” under Chapter II of the Constitution. (Mauritius 1968)
Mauritius. “Mauritius 1968 (rev. 2016) Constitution” Constitute 1968 https://www.constituteproject.org/constitution/Mauritius_2016 |
| Mexico | Freedom of Association | History | The Federal Constitution of the United Mexican States, put in place after the end of the dictatorship of Antonio López de Santa Anna in 1857, greatly expanded human rights in the country. Though it does not explicitly mention association, it refers to related rights. Section 1, Article 9 states, “No one shall be deprived of the right peaceably to assemble or to come together for any lawful purpose; but only citizens shall be permitted to exercise this right for the purpose of taking part in the political affairs of the country” (“Federal Constitution of the United Mexican States of 1857.” 2023). “Federal Constitution of the United Mexican States of 1857.” 2023. Federal Constitution of the United Mexican States of 1857, World History Commons. Accessed July 14. https://worldhistorycommons.org/federal-constitution-united-mexican-states-1857. |
| Moldova | Freedom of Association | History | After its independence from the Soviet Union, Moldova ratified its constitution in 1994 and protected the right to freedom of association. Article 41 of the constitution states that all citizens “shall be free to associate in parties and other socio-political organizations” and outlines the freedom’s restrictions. (Moldova 1994).
Moldova. “Moldova (Republic of) 1994 (rev. 2016)” Constitute 1994 https://www.constituteproject.org/constitution/Moldova_2016 |
| Monaco | Freedom of Association | History | Monaco’s constitution, first adopted in 1911 and then heavily revised in 1962, protects the right to freedom of association in the country. Article 30 states that freedom of association is guaranteed by law, though subject to regulation of law (Monaco 1911).
Monaco. “Constitution of the Principality of Monaco” Council of Europe 1911 https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2013)021-e |
| Mongolia | Freedom of Association | History | Chapter 1, Article 3(i) of the 1924 Constitution of the Mongolian People's Republic states: " With a view to securing for the labouring masses of the people freedom of association, the Mongolian People's Republic affords material and moral assistance to the poorest of the working masses (arats and artisans) for union and organisation."
The right to freedom of association in Mongolia can also be found in the 1940 Constitution of the Mongolian People’s Republic. Article 82 grants citizens the right to “unite in public organizations,” which includes trade unions, cooperative associations, youth organizations, sports and defense organizations, cultural, technical, and scientific societies (Anon 19948. 199). The modren Mongolian state also protects freedom of association in its 1992 Constitution in Article 10 (Mongolia 1992). References: 1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults Anon. Far Eastern Section, “Constitution of the Mongol People's Republic”, 23 Wash. L. Rev. & St. B.J. 181 (1948). Mongolia. “Mongolia 1992 (rev. 2001)” Constitute 1992 https://www.constituteproject.org/constitution/Mongolia_2001 |
| Montenegro | Freedom of Association | History | According to Article 212 of the 1905 Montenegro Constitution: "Citizens have the right to assemble in peace according
to the law." Article 213 of the 1905 Constitution augments this point: "Citizens have the right of assembly when it concerns objects which are not contrary to the laws." After Montenegro’s formal independence and separation from its union with Serbia in 2006, the country adopted a constitution the following year that included an article on freedom of association. The right is granted to all Montenegro citizens in Article 53 (Montenegro 2007). Montenegro’s earlier constitution, adopted after the breakup of Yugoslavia in 1992, includes a provision promoting freedom of association in Article 40 (“Constitution of the Republic of Montenegro” 1992) 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index= “Constitution of the Republic of Montenegro” 1992: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2005)096-e Montenegro. “Montenegro 2007” Constitute 2007: https://www.constituteproject.org/constitution/Montenegro_2007 |
| Morocco | Freedom of Association | History | The earliest assertion of the rights to freedom of association in Morocco is found in a 1958 decree, dhahir 1-58-376. The law gives citizens the right to form associations, with Article 5 setting “forth the procedure for declaring an association and maintaining its declared status” (Human Rights Watch 2009, 7).
Human Rights Watch. 2009 “Morocco: Freedom to Create Associations” https://www.hrw.org/reports/morocco1009webwcover.pdf |
| Mozambique | Freedom of Association | History | After its independence from Portugal in 1975, the People’s Republic of Mozambique established a socialist state with a constitution that protected freedom of association in its first constitution under Article 27 (Mozambique 1990. 9). In 1990 a new constitution was put into place that reformed the country into its present form, with Article 34 ensuring freedom of association to all (“Constitution of the People’s Republic of Mozambique” 17)
“The Constitution of the People’s Republic of Mozambique.” 2023. Mozambique History. https://mozambiquehistory.net/justice/constitution/19800000_english_constitution.pdf. Mozambique “Constitution of Mozambique” 1990 |
| Myanmar | Freedom of Association | History | Myanmar’s first constitution, created and adopted in 1947 after its independence, contains the earliest provision protecting the right to freedom of association in the country. Found in Section iii of Article 17, it allows citizens to form and join associations, as long as their goal is not to undermine the Constitution (“The Constitution of the Union of Burma” 1948, 3).
“The Constitution of the Union of Burma” 1948 Myanmar Law Library http://www.myanmar-law-library.org/law-library/laws-and-regulations/constitutions/1947 |
| Namibia | Freedom of Association | History | Adopted in 1990, shortly before Namibia’s independence from South Africa, The Constitution of the Republic of Namibia contains the first assertion of the right to freedom of association in the country’s legal code. Provision e of Article 21 guarantees the right to join and form associations, including political parties and trade unions (Namibia 1990).
Namibia. 1990 “Namibia 1990 (rev. 2014)” Constitute https://www.constituteproject.org/constitution/Namibia_2014 |
| Nauru | Freedom of Association | History | Nauru’s Constitution of 1968 explicitly mentions the right to freedom of association in its preamble, as well as in Section 1, 2, and 3 of Article 13. Written shortly after national independence, it is the earliest assertion of this right in the country (Nauru 1968)
Nauru. 1968 “Nauru’s Constitution of 1968” Constitute https://www.constituteproject.org/constitution/Nauru_1968.pdf?lang=en |
| Nepal | Freedom of Association | History | The Nepal Interim Government Act of 1951, put into effect after the Revolution of 1951, proclaims that all citizens have the right to form associations and unions. This is found under Section c of Article 17: Fundamental principles of law (Nepal 1951, 3)
Nepal. 1951 “The Interim Government of Nepal Act, 1951” Constitutionnet https://constitutionnet.org/sites/default/files/1951%20Constitution%20English.pdf |
| New Zealand | Freedom of Association | History | Part 2 Section 17 of the Bill of Rights Act ( 1990) states that, “Everyone has the right to freedom of association.”
Although New Zealand does not have a codified constitution, the first explicit mention of freedom of association in New Zealand law is the Bill of Rights Act of 1990, Article 17 of which states that “everyone has the right to freedom of association.” The country had earlier promised to uphold freedom of association by its 1978 ratification of the International Covenant on Civil and Political Rights, which protects this right in Article 22. “International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights#:~:text=Article%2019,-1.&text=Everyone%20shall%20have%20the%20right,other%20media%20of%20his%20choice. New Zealand Legislation. “New Zealand Bill of Rights Act 1990.” Parliamentary Counsel Office, July 24, 2023, https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html. UN Treaty Body Database. “Ratification Status for CCPR – International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR&Lang=en. |
| Nicaragua | Freedom of Association | History | The first mention of freedom of association in Nicaraguan law is found in the 1838 Political Constitution of the Sovereign, Free, and Independent State of Nicaragua, promulgated shortly after the country’s final independence. In Article 14, the constitution states that “popular gatherings that have as [their] object any honest pleasure, the discussion concerning politics, or to examine the public conduct of the [state] functionaries” cannot be impeded. “Political Constitution of the Sovereign, Free, and Independent State of Nicaragua.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzni0040&collection=cow. |
| Niger | Freedom of Association | History | Freedom of association is found in the first Constitution of Niger, enacted in 1960 shortly after independence. Under Article 7, “political parties and groups shall be instrumental in the expression of the suffrage. They shall be formed and shall carry on their activities freely on condition that they respect the principles of national sovereignty and democracy and the laws of the Republic.” “Constitution of Niger.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzne0002&id=1&men_tab=srchresults. |
| Nigeria | Freedom of Association | History | Chapter IV Section 37 of the constitution of the Second Republic ( 1979) states that “every person shall be entitled to assemble freely and associate with other persons, and any political party, trade union, or other association for the protection of his interests.”
Freedom of association is enumerated in the first constitution of independent Nigeria, enacted in 1960. Under Article 25, “every person shall be entitled to … associate with other persons and in particular he may form or belong to trade unions and other associations for the protection of his interests.” The article subsequently lays out broad reservations on this article, precluding its application to laws “reasonably justifiable in a democratic society” that are in the interest of “defense, public safety, public order, public morality, or public health,” as well as those “for the purpose of protecting the rights and freedoms of other persons.” “The Constitution of the Federation of Nigeria.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzng0011&id=1&men_tab=srchresults. |
| North Korea | Freedom of Association | History | The Constitution of the Democratic People’s Republic of Korea, adopted in 1948, purports to grant freedom of association to its citizens. Under Article 13, citizens have the freedom of “assembly, and freedom to form associations, or participate in public demonstrations.” The article specifically says that “every citizen shall have the freedom of organizing and joining democratic political parties, trade unions, cooperative associations, and physical culture, cultural, technical, and scientific organizations.” Central Intelligence Agency. “Constitution of the Democratic People’s Republic of Korea.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzkp0005&collection=cow. |
| North Macedonia | Freedom of Association | History | Freedom of association is enumerated in the constitution of the Republic of North Macedonia, passed in 1991 shortly after independence from Yugoslavia (when the country was called the Republic of Macedonia). Under Article 20, “citizens are guaranteed freedom of association to exercise and protect their political, economic, social, cultural and other rights and convictions.” Citizens may “freely establish associations of citizens and political parties, join them, or resign from them.” Earlier, the 1946 Constitution of the Federal People’s Republic of Yugoslavia, of which North Macedonia was a constituent republic as the People’s Republic of Macedonia, protected freedom of association in Articles 20 and 27.
“Constitution of the Federal People’s Republic of Yugoslavia.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/cyugo0001&id=11&men_tab=srchresults. “Constitution of the Republic of Macedonia.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzmk0010&id=10&men_tab=srchresults. |
| Norway | Freedom of Association | History | The Constitution of Norway, which was initially enacted in 1814 (making it the world’s second oldest constitution to still be in effect today, after the United States Constitution), was amended around 2014 to guarantee the right to freedom of association. Under Article 101, “everyone has the right to form, join, and leave associations, including trade unions and political parties.” Before this, Norway pledged to uphold freedom of association when it ratified the International Covenant on Civil and Political Rights in 1972.
“The Constitution, as laid down on 17 May 1814 by the Constituent Assembly at Eidsvoll and subsequently amended, most recently in May 2014.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzno0023&id=1&collection=cow&index=. UN Treaty Body Database. “Ratification Status for CCPR – International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR&Lang=en. |
| Oman | Freedom of Association | History | Limited freedom of association is protected under the Basic Statute of the State, instituted in 1996, which effectively functions as a constitution for Oman. Under Article 33, “the freedom of forming societies on a national basis and for legitimate objectives and by peaceful means – provided that it is not in conflict with the provisions and objectives of this Basic Statute – is guaranteed in accordance with the terms and conditions stipulated by the [Statute].” Further, “it is prohibited to form societies the activities of which are adverse to the order of society, secret or of a military nature.” “The Basic Statute of the State.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzom0002&id=1&collection=cow&index=. |
| Pakistan | Freedom of Association | History | The following is from Part II, Chapter I, Section 17 of Pakistan’s current constitution ( 1973) .
“Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.” “Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.” A limited form of freedom of association is provided by the Constitution of the Islamic Republic of Pakistan, enacted shortly after Pakistan became a republic in 1956. Under Article 10, “every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of morality or public order.” “Constitution of the Islamic Republic of Pakistan.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpk0008&collection=cow. |
| Palau | Freedom of Association | History | Palau protects freedom of association in the Constitution of the Republic of Palau, enacted in 1981. Under Article IV, Section 3, “the government shall take no action to deny or impair the right of any person to … associate with others for any lawful purpose including the right to organize and to bargain collectively.” “Constitution of the Republic of Palau.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpu0001&id=5&collection=cow&index=. |
| Panama | Freedom of Association | History | Freedom of association is protected under the first constitution of Panama, enacted in 1904 shortly after the country’s independence. Article 20 guarantees Panamanians’ right to “to form associations for all the legitimate purposes of life.” Comparative Constitutions Project. “Constitution of the Republic of Panama.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzpa0048&id=1&men_tab=srchresults. |
| Papua New Guinea | Freedom of Association | History | Papua New Guinea makes provision for freedom of association in its constitution, enacted upon independence in 1975. Under Section 47, every individual has the right to freely associate with “political parties, industrial organizations, or other associations.” This right, however, is listed under the heading of “qualified rights,” so that its application is subjected to several qualifications laid out in Section 38. “Constitution of the Independent State of Papua New Guinea.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/COWShow?collection=cow&cow_id=322. |
| Paraguay | Freedom of Association | History | Freedom of association is recognized in Paraguayan law in the 1870 constitution. Under Article 18, Paraguayans have the right to “associate with each other for useful purposes,” though “subject to the proper rules and regulations.” Comparative Constitutions Project. “Constitution of the Republic of Paraguay.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0009&id=2&men_tab=srchresults. |
| Peru | Freedom of Association | History | Peru protects freedom of association in the Political Constitution of the Republic of Peru, promulgated in 1856. According to Article XXVIII, “all citizens possess the right of meeting together peaceably, whether in public or in private, provided public order be not compromised.” British and Foreign State Papers (1856-1857). “Political Constitution of the Republic of Peru – Lima, October 13, 1856.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0047&id=1171. |
| Philippines | Freedom of Association | History | The constitution of the First Philippine Republic, also known as the Malolos Constitution and passed in 1899 during the struggle for independence from Spain, represents the first mention of freedom of association in Philippine law. Under Article 20, no Filipino may be deprived of the “right of association for purposes of human life and which are not contrary to public morals.” The LawPhil Project. “1899 Constitution of the Republic of the Philippines (Malolos Convention).” Arellano Law Foundation, July 24, 2023, https://lawphil.net/consti/consmalo.html. |
| Poland | Freedom of Association | History | Freedom of association was initially protected in the 1921 constitution, passed following the establishment of the first modern Polish state in the aftermath of World War I. Article 108 says that citizens have “the right of meeting and of association, as well as that of founding societies and unions;” it then says that “the application of these rights is regulated by law.” “The Constitution of the Polish Republic.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpl0051&collection=cow. |
| Portugal | Freedom of Association | History | Article 46 of the Portugese Constitution ( 1976) :
“Citizens shall possess the right to freely associate with one another without requiring any authorisation, on condition that such associations are not intended to promote violence and their purposes are not contrary to the criminal law.” “Associations shall pursue their purposes freely and without interference from the public authorities and shall not be dissolved by the state or have their activities suspended, except in such cases as the law may provide for and then only by judicial order.” “No one shall be obliged to belong to an association, or be coerced to remain therein by any means.” “Armed associations, military, militarised or paramilitary-type associations and organisations that are racist or display a fascist ideology shall not be permitted.” Portugal first protected freedom of association in the Constitution of the Portuguese Monarchy, promulgated in 1838. Under Article XIV, “all citizens have the right of assembling together conformably to the laws.” The article subsequently lays out specifications for how it is to be applied, and concludes with “a special law shall regulate, in other respects, the exercise of this right.” British and Foreign State Papers (1838-1839). “Constitution of the Portuguese Monarchy – Promulgated at Lisbon, April 4, 1838.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0027&id=775&men_tab=srchresults. |
| Qatar | Freedom of Association | History | The first mention of freedom of association in Qatar’s laws is found in the Permanent Constitution of the State of Qatar, promulgated in 2004. Article 45 says that “the right of citizens to establish association is guaranteed in accordance with the conditions and circumstances set forth in the law.” Qatar Ministry of Foreign Affairs. “Permanent Constitution of the State of Qatar.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzqa0002&id=2&men_tab=srchresults. |
| Republic of Ireland | Freedom of Association | History | Freedom of association is conditionally protected “personal liberty” under Article 40, Section 6, Subsection 1.iii of the 1937 Irish Constitution which states that “The right of the citizens to form associations and unions [is a guaranteed liberty]. Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right” (constituteproject.org). “Ireland 1937 (Rev. 2019) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Ireland_2019. |
| Republic of the Congo | Freedom of Association | History | According to Article 10 of the 1963 Constitution of the Republic of the Congo, "Freedom of association is guaranteed to all under the conditions established by law. Meetings or groups whose purpose or activity would be illegal or contrary to public order shall be prohibited." 1963 Constitution of the Republic of the Congo: English translation of the French original text of the Constitution of Constitution of the Republic of the Congo (Brazzaville), December 8, 1963. 87 (2016) Title II: Public Liberties and Liberties of the Human Person: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcg0022&id=2&men_tab=srchresults |
| Romania | Freedom of Association | History | Romania protects freedom of association in its first constitution, adopted in 1866. Under Article 27, “Romanians have the right to associate, [in accordance with] the laws that regulate the exercise of this right.” “Constitutiunea Romaniei din 1866.” Constitutia Romaniei, July 24, 2023, https://www.constitutia.ro/const1866.htm. |
| Russia | Freedom of Association | History | Possibly the first mention of freedom of association in the law of the Russian state is in the October Manifesto, issued by Tsar Nicholas II in response to the mass unrest of the Revolution of 1905. The Manifesto pledged to guarantee to all Russian citizens “the essential foundations of civil freedom, based on the principles of genuine inviolability of the person, freedom of conscience, speech, assembly, and association.” “Manifesto of October 17, 1905.” Seton Hall University, July 24, 2023, https://academic.shu.edu/russianhistory/index.php/Manifesto_of_October_17th,_1905#:~:text=The%20disturbances%20that%20have%20taken,is%20dangerous%20to%20Our%20state. |
| Rwanda | Freedom of Association | History | Rwanda provides for freedom of association in its 1962 constitution, promulgated shortly after independence. Under Article 19, “all citizens have the right to freely form associations or societies, subject to… the formalities [laid down by] laws and regulations.” Nouvelles Constitutions Africaines. “Constitution de la Republique Rwandaise.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/noucoaf0001&collection=cow&index=alpha/N_cowbooks&id=15. |
| Saint Kitts and Nevis | Freedom of Association | History | Chapter 2 Article 13 specifies the protection of freedom of assembly and association. Saint Kitts and Nevis became fully independent from Britain in 1983. The constitution was adopted the same year. Also in this section are the conditions under which limitations of this freedom may be imposed. The Government of St. Kitts and Nevis. “The Constitution of Saint Christopher and Nevis. 2023. https://www.gov.kn/the-constitution/ |
| Saint Lucia | Freedom of Association | History | Chapter 1 Article 11 of the Constitution of Saint Lucia regards freedom of association and assembly. Saint Lucia became independent from the British Commonwealth in February 1979, however, the Constitution was drafted in 1978, then coming into operation on the day of independence.
Georgetown University. “Saint Lucia Constitutional Order 1978” https://pdba.georgetown.edu/Constitutions/Lucia/Luc78.html Saint Lucia “let her inspire you.” History and culture. https://www.stlucia.org/en/discover-saint-lucia/history-culture/ |
| Saint Vincent and the Grenadines | Freedom of Association | History | Chapter 1 Article 11 specifies the protection of freedom of assembly and association. Autonomy was granted in 1969 and the first draft of the constitution was written. When complete independence was gained in 1979, The constitution was revised and adopted.
Constitution of Saint Vincent and the Grenadines 1979. Organization of American States. http://www.oas.org/es/sla/dlc/mesicic/docs/mesicic4_svg_const.pdf CIA World Factbook. Saint Vincent and The Grenadines. https://www.cia.gov/the-world-factbook/countries/saint-vincent-and-the-grenadines/ |
| Samoa | Freedom of Association | History | Part 2 Section 13 of the Constitution lists the rights regarding freedom of speech, assembly, association, movement and residence. The Constitution was first drafted in 1954, in a constitutional convention with New Zealand. The Final draft was approved in 1962, The year of independence.
Britannica. Samoa https://www.britannica.com/place/Samoa-island-nation-Pacific-Ocean/History CONSTITUTION OF THE INDEPENDENT STATE OF SAMOA. International Labour Organization. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/44021/124322/F-82949215/WSM44021.pdf |
| San Marino | Freedom of Association | History | Article 6 of The Declaration of Citizens' Rights and of the fundamental principles of the San Marinese legal order specifies Freedom of Association. The Constitution of San Marino, from 1600, does not specify the individual rights so the Declaration of Citizen’s Rights and fundamental principles of San Marino was adopted on July 8,1974.
Declaration of Citizens Rights and Fundamental Principles of San Marino. Rights of Assembly. https://www.rightofassembly.info/assets/downloads/1974_Constitution_of_San_Marino.pdf CIA World Factbook. San Marino. https://www.cia.gov/the-world-factbook/countries/san-marino/ |
| Saudi Arabia | Freedom of Association | History | Saudi Arabia is an absolute monarchy with heavy restriction of civil liberties. According to the US State Department, as of 2022, Saudi Arabia’s law “provides for limited freedom of assembly and association, but the government did not respect these rights.”
“2022 Country Reports on Human Rights Practices: Saudi Arabia. U.S. Department of State. https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/saudi-arabia/ CIA World Factbook. Saudi Arabia. https://www.cia.gov/the-world-factbook/countries/saudi-arabia/#government Constitution of Saudi Arabia. University of Minnesota. http://hrlibrary.umn.edu/research/saudiarabia/saudi-constitution.html Freedom House. World Freedom Report. Saudi Arabia https://freedomhouse.org/country/saudi-arabia/freedom-world/2022 |
| Senegal | Freedom of Association | History | Title II article 8 covers freedom of association along with, opinion, expression, press, assembly, movement, and manifestation in the Constitution of the Republic of Senegal. Independence was gained from France in 1960, The constitution was adopted in 1963, most recently promulgated in 2001.
CIA World Factbook. Senegal https://www.cia.gov/the-world-factbook/countries/senegal/#government Constitution of the republic of Senegal. Translated. https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/sn/sn014en.pdf |
| Serbia | Freedom of Association | History | Serbia became independent in 2006 from the state union of Serbia and Montenegro. The 2006 constitution covers freedom of association under article 55 of the Constitution of the Republic of Serbia. However, The 1931 Constitution of the Kingdom of Yugoslavia covers freedom of association in Chapter II, Article 13.
International Labour Organization. Constitution of the Republic of Serbia. 2006. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/74694/119555/F838981147/SRB74694%20Eng.pdf Constitution of the Kingdom of Yugoslavia. 1931. https://royalfamily.org/wp-content/uploads/2014/01/constitution.pdf |
| Seychelles | Freedom of Association | History | Chapter III article 22 of The Constitution of Seychelles (1976) covers freedom of association along with freedom of assembly. Seychelles gained independence from the United Kingdom in the same year of 1976. The constitution was redrafted in 1993, now covering the freedom of association under Article 23 of Chapter III.
CIA World Factbook. Seychelles. https://www.cia.gov/the-world-factbook/countries/seychelles/#government Seychelles Independence Order 1976. Constitution of Seychelles 1976. http://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Seychelles-Independence-Constitution-1976.pdf Constitute Project. Constitution of Seychelles 1993. https://www.constituteproject.org/constitution/Seychelles_2017 |
| Sierra Leone | Freedom of Association | History | The 1991 Constitution of Sierra Leone covers freedom of association in chapter III Article 15.A.
THE CONSTITUTION OF SIERRA LEONE. International Labour Organization. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/26723/90483/F311875481/SLE26723.pdf Constitutional History of Sierra Leone. Constitution Net. https://constitutionnet.org/country/sierra-leone |
| Singapore | Freedom of Association | History | Freedom of Association is mentioned in Article 14.1.C. of the Constitution of Singapore 1965. Singapore gained independence in 1965 From the Malaysian Federation, and the Constitution was revised from the 1963 Constitution of the State of Singapore. It states that restictions may be imposed by any law relating to labour or education.
Constitution of the Republic of Singapore. 1965. Singapore Statutes Online. https://sso.agc.gov.sg/Act/CONS1963?ProvIds=P14-#pr14- CIA World Factbook. Singapore https://www.cia.gov/the-world-factbook/countries/singapore/#government Constitution of the State of Singapore. 1963. https://media.bloomsburyprofessional.com/rep/files/singapore-constitution-1963.pdf |
| Slovakia | Freedom of Association | History | Of the 1920 Constitution of Czechoslovakia, Section V article 113 covers freedom of association. Slovakia and The Czech Republic became independent states in 1993 and the independent constitution came into force October 1, 1992. Freedom of Association is covered in Section 3, Article 29, as a Political right rather than a Fundamental Human Right or Freedom, which is covered by section 2.
CONSTITUTION OF THE SLOVAK REPUBLIC. https://www.prezident.sk/upload-files/46422.pdf University of California Press. New York Times Current History. The Constitution of Czechoslovakia: Full Text of the Most Modern and Complete Instrument of Democratic Self-Government. https://www.jstor.org/stable/pdf/45325393.pdf?refreqid=excelsior%3A4f1bbc1d288238311128e70a46ae2b12&ab_segments=&origin=&initiator=&acceptTC=1 CIA World Factbook. Slovakia. https://www.cia.gov/the-world-factbook/countries/slovakia/#government |
| Slovenia | Freedom of Association | History | The 1931 Constitution of the Kingdom of Yugoslavia asserts the right to form associations under Chapter II, Article 13. Slovenia gained independence in 1991, The 1991 Constitution of the Republic of Slovenia covers freedom of association in Chapter II, Article 42.
Constitute Project. Republic of Slovenia 1991. https://www.constituteproject.org/constitution/Slovenia_2013.pdf The Constitution of the Kingdom of Yugoslavia. 1931.https://royalfamily.org/wp-content/uploads/2014/01/constitution.pdf |
| Solomon Islands | Freedom of Association | History | Chapter 2 Article 13 Of the Constitution of the Solomon Islands covers the protection of freedom of association and assembly. The Constitution was adopted 31 of may, 1978 and effective July 7, 1978, when The country gained independence from the United Kingdom.
CIA World Factbook. Solomon Islands.https://www.cia.gov/the-world-factbook/countries/solomon-islands/#government Constitute Project. Constitution of the Solomon Islands. https://www.constituteproject.org/constitution/Solomon_Islands_2018 |
| Somalia | Freedom of Association | History | Part II, Article 12, of the 1960 Constitution of the Somali Republic covers the right to political association. Article 12 Section 2 states, Political parties and associations which are secret, have an organization of a military character or have a tribal denomination shall be prohibited. Article 13 separately covers the right to form trade unions. The Somali Republic was formed July 1, 1960, gaining independence from the United Kingdom(Somalia), and Italy(Somoliland).
CIA World Factbook. Somalia. https://www.cia.gov/the-world-factbook/countries/somalia/#government Constitution of the Somali Republic. http://citizenshiprightsafrica.org/wp-content/uploads/2020/10/Somalia-Constitution-1960.pdf |
| South Africa | Freedom of Association | History | The first assertion of Freedom of Association in South Africa was in the 1993 Interim Constitution, under Chapter III, Article 17. This Constitution was drafted during the transition to democratic processes leading up to the first post-apartheid elections in 1994, and came into force April 27, 1994, the day of the election.
CIA World Factbook. South Africa. https://www.cia.gov/the-world-factbook/countries/south-africa/#government United Nations. Peacemaker. SOUTH AFRICA INTERIM CONSTITUTION (1993). https://peacemaker.un.org/documents/south-africa-interim-constitution-1993 |
| South Korea | Freedom of Association | History | Article 21 of Chapter II of The Constitution of the Republic of Korea covers Freedom of Association, with the specification that licensing of assembly and association shall not be recognized. The 1948 constitution was adopted upon independence from Japan.
Constitutional History of the Republic of Korea. Constitution Net. 2018. https://constitutionnet.org/country/republic-korea Constitute Project. Constitution of Republic of Korea. 1948. https://www.constituteproject.org/constitution/Republic_of_Korea_1987 Britannica. Division of Korea. https://www.britannica.com/place/Korea/Division-of-Korea |
| South Sudan | Freedom of Association | History | The Bill of Rights, Part II of the Interim Constitution of Southern Sudan, first mentions freedom of Association under article 40. The Interim Constitution of Southern Sudan was adopted in 2005, prior to independence from Sudan in 2011.
CIA World FactBook. South Sudan. https://www.cia.gov/the-world-factbook/countries/south-sudan/#government The interim Constitution of Southern Sudan. 2005. https://www.refworld.org/pdfid/4ba74c4a2.pdf |
| Spain | Freedom of Association | History | The First assertion of freedom of association in Spain was in the 1978 Constitution. It is covered in section 22, of Division I. “The right of association is granted” However the limitations of this right are listed in the following 4 clauses, including the prohibition of secret and paramilitary associations. European University Institute. Spanish Constitution. 1978. https://www.eui.eu/projects/internationalartheritagelaw/documents/nationallegislation/spain/spanishconstitution1978.pdf |
| Sri Lanka | Freedom of Association | History | Chapter III, Article 14 of the Constitution adopted in 1978, allows for freedom of Association along with freedoms of speech, assembly, occupation, and movement. Section 1.c-g covers the circumstances of freedom of association.
CIA World Factbook. Sri Lanka. https://www.cia.gov/the-world-factbook/countries/sri-lanka/#government Constitute Project. Constitution of Sri Lanka 1978. https://www.constituteproject.org/constitution/Sri_Lanka_2015?lang=en |
| Sudan | Freedom of Association | History | The 1998 Constitution of The Republic of Sudan, does not explicitly mention freedom of association, however, Article 26 protects the freedom of succession and organization which is understood to be freedom of Association. The Following draft in the 2005 Constitution does specify freedom of association in article 40.
CIA World Factbook. Sudan. https://www.cia.gov/the-world-factbook/countries/sudan/#government Prior Constitution of The Republic of Sudan. 1998. University of Minnesota, Human Rights Library. http://hrlibrary.umn.edu/research/sudpriorconst.html Constitute Project. Constitution of the Republic of Sudan. 2005. https://www.constituteproject.org/constitution/Sudan_2005 |
| Suriname | Freedom of Association | History | The 1987 Constitution of the Republic of Suriname promulgates freedom of association under Chapter 5, Article 20. Organization of American States. Republic of Suriname Constitution 1987, http://www.oas.org/juridico/pdfs/mesicic4_sur_const.pdf |
| Sweden | Freedom of Association | History | Freedom of association is asserted in the 1974 Instrument of Government under chapter 2, article 1, section 5.
CIA World Factbook. Sweden https://www.cia.gov/the-world-factbook/countries/sweden/#government CONSTITUTION OF SWEDEN (1974). The Instrument of Government. https://www.equalrightstrust.org/ertdocumentbank/CONSTITUTION%20OF%20SWEDEN.pdf |
| Switzerland | Freedom of Association | History | First assertion of freedom of association in Switzerland was in the first Constitution of 1848. Freedom of association is guaranteed under article XLVI of Chapter 1, granted the proceedings nor objects of associations are not illegal. Swiss Parlament https://www.parlament.ch/centers/documents/de/BV_1848_EN.pdf |
| Syria | Freedom of Association | History | The first assertion of Freedom of Association in Syria was in the 2012 Constitution of the Syrian Arab Republic. It is covered under Title II, Chapter I, Article 45. The Article articulates that the associations or unions should have a national basis, for lawful purposes and peaceful means, and should adhere to the terms and conditions prescribed by law.
Constitution Net. Syria. 2021. https://constitutionnet.org/country/syria CIA World factbook. Syria. https://www.cia.gov/the-world-factbook/countries/syria/#government International Labour Organization. Constitution of The Syrian Arab Republic - 2012. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/91436/106031/F-931434246/constitution2.pdf |
| São Tomé and Príncipe | Freedom of Association | History | Part II article 35 covers the freedom of association in the Constitution of São Tomé e Principe. The country gained independence from Portugal in July 1975, adopting the constitution November 5, 1975.
CIA World Factbook. São Tomé e Príncipehttps://www.cia.gov/the-world-factbook/countries/sao-tome-and-principe/ Constitution of Sao Tome e Principe. Constitute Project. https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_1990 |
| Tajikistan | Freedom of Association | History | The constitution of 1994 of Tajikistan recognizes the freedom of association in Article 28 and is cited to ‘correspond to democratic norms’. Article 8 of the constitution states citizens may form associations that only function and exist within the framework of the constitution.
Tajikistan, Supreme Assembly. 2016. Constitution of the Republic of Tajikistan. https://www.constituteproject.org/constitution/Tajikistan_2016.pdf?lang=en. (Orig. pub. 1994.). |
| Tanzania | Freedom of Association | History | Tanzania’s constitution of 1977 article 20 provides every person the freedom to associate. The article highlights five restrictions to the freedom of association which include: violent associations, tribal or religious political associations, and the breakdown of the United Republic. Judiciary of Tanzania. 2005. THE CONSTITUTION of the UNITED REPUBLIC of TANZANIA. Www.judiciary.go.tz. http://www.judiciary.go.tz/wp-content/uploads/2015/09/constitution.pdf. (Orig. pub. 1977.). |
| Thailand | Freedom of Association | History | Thailand has had multiple constitutions since 1932 after the abolition of the absolute monarchy. Section 42 of the latest constitution of Thailand (2017) highlights the ‘liberty to unite and form an association, co-operative, union, organisation, community, or any other group.’ Provision 14 of the 1932 Constitution also highlighted the right to association.Thailand Constitution. 1932. https://media.bloomsburyprofessional.com/rep/files/thailand-constitution-1932-december.pdf. Constitution Drafting Committee. 2017. Constitution of Thailand. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/103607/132859/F-1348511433/THA103607%202019.pdf. |
| The Bahamas | Freedom of Association | History | According to Article 24(1) of the 1973 Bahamas Constitution "Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other association for the protection of his interests." Article 24(2) describes potential grounds or conditions for exception to this right: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision- (a) which is reasonably required- (i) in the interest of defence, public safety, public order, public morality or public health; or (ii) for the purpose of protecting the rights and freedoms of other persons; or (b) which imposes restriction upon person s holding office under the Crown or upon members of a discipline force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."
References: 1973 Bahamas Constitution: https://www.bahamas.gov.bs/wps/wcm/connect/04fb4632-1bd7-414f-b66e-9c499b382480/Chap+3+Protection+rights+and+freedoms.pdf?MOD=AJPERES |
| The Gambia | Freedom of Association | History | The first assertion of the freedom for association in Gambia was in their Constitution within their Independence Order of 1965, ratified February 18th. The independence order was submitted to Great Britain, and the right to association was included in Section 3, Chapter II, Article 11 (“The Gambia Independence Order 1965”, 1965). 1965. The Gambia Independence Order 1965. February 18. https://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Gambia-Constitution-1965.pdf. |
| Togo | Freedom of Association | History | The constitution of the fourth republic of Togo adapted in 1992 and revised in 2007 details in article 30 the right of association, assembly, and peaceful demonstration without violence. Togo. 2007. The 1963 constitution does not address freedom of association. “Togo 1992 (Rev. 2007) Constitution - Constitute.” Www.constituteproject.org. 2007. https://www.constituteproject.org/constitution/Togo_2007. |
| Tonga | Freedom of Association | History | The Tongan constitution was adopted in 1875 and was last revised in 2020. The constitution does not explicitly state a freedom of association, rather the freedom of assembly in Article 8 which highlights ‘The Freedom of Petition’ in which all people are free to peacefully send letters and petitions to the legislators and king. Kingdom of Tonga. 2021. CONSTITUTION of TONGA. https://www.parliament.gov.to/parliamentary-business/documents/constitution-of-tonga/file/487-act-of-constitution-of-tonga-2020-revised-edition. (Orig. pub. 1875.). |
| Trinidad and Tobago | Freedom of Association | History | The Trinidad and Tobago constitution Act of 1976 revised last in 2007 declares the rights enshrined in the constitution in Chapter 1 Part 1 article 4j which details: ) the ‘freedom of association and assembly’. Trinidad and Tobago. 1978. “THE CONSTITUTION of the REPUBLIC of TRINIDAD and TOBAGO.” https://www.oas.org/juridico/english/mesicic3_tto_constitution.pdf. |
| Tunisia | Freedom of Association | History | The Tunisian Constitution of 2014 (Arabic: 2014 دستور تونس) was adopted on 26 January 2014, article 35 of the constitution guarantees the freedom of establishment of political parties, unions, and associations while respecting financial transparency and the rejection of any incitement of violence. Tunisia had included the right of freedom of association after independence from France in 1959 as part of Article 8. The original short lived 1861 constitution does not highlight any freedom of association.
Bourguiba, Habib. 1959. “WIPO Lex, Tunisia, the Constitution of Tunisia, 1959.” Www.wipo.int. 1959. https://www.wipo.int/wipolex/en/legislation/details/7201. National Parliament. 2014. “WIPO Lex, Tunisia, the Constitution of the Republic of Tunisia, 2014.” Www.wipo.int. 2014. https://www.wipo.int/wipolex/en/legislation/details/14847. |
| Turkey | Freedom of Association | History | The first instance of the right of freedom of association was the second Turkish Constitution(1924 Türk Anayasası), in Section V which detailed multiple rights including the Freedom of Assembly. Earl, Edward Meade. "The New Constitution of Turkey." Political Science Quarterly 40, no. 1 (March 1925): 96-97. |
| Turkmenistan | Freedom of Association | History | Turkmenistan after independence from the Soviet Union had multiple constitutions; the earliest instance of the right of freedom of association is the 1992 Constitution which states in article 28 'Citizens have the right to form political parties and other social associations which operate within the framework of the Constitution and laws'. There are 3 constitutions which existed as the Turkmen SSR. Turkmenistan. 1992. “Constitution of Turkmenistan.” Web.archive.org. 1992. https://web.archive.org/web/20150414030847/http://www.uta.edu/cpsees/TURKCON.htm. |
| Tuvalu | Freedom of Association | History | The kingdom of Tuvalu’s constitution first asserts the freedom of association and assembly as part of section 11 of the 1982 constitution revised in 2008, and is developed in more detail in section 25 which describes the provisions and purposes of the freedom. Tuvalu is a part of the Commonwealth. Parliament of Tuvalu. 1986. THE CONSTITUTION of TUVALU. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/3899/95791/F656430737/TUV3899.pdf. (Orig. pub. 2008.). |
| Uganda | Freedom of Association | History | According to the constitution of the Republic of Uganda article 29 the first instance of the Rights and protections such as the freedom of association which include: “Protection of freedom of conscience, expression, movement, religion, assembly and association.” The Right is then defined in section e; which details the freedom to form and join associations or unions, including trade unions and political and other civic organisations. Republic of Uganda. 1995. Constitution of the Republic of Uganda. Www.parliament.go.ug. https://www.parliament.go.ug/documents/1240/constitution. (Orig. pub. 2018.). |
| Ukraine | Freedom of Association | History | The first instance of Ukraine allowing the freedom of association is the Ukraine SSR’s 1937 Constitution which entails the (в) свобода зборів і мітингів,г) свобода вуличних походів і демонстрацій.) which translates to the freedom of c) freedom of assembly and rallies, d) freedom of street marches and demonstrations, which can be equivalent to the freedom of association. Extraordinary XIV Ukrainian Congress of Soviets. 1937. “Constitution (Basic Law) of the Ukrainian Soviet Socialist Republic .” Wikisource. 1937. |
| United Arab Emirates | Freedom of Association | History | The United Arab Emirates constitution ‘dastūr’ of 1971 temporarily developed after the unification of the 6 Emirates details in article 33 that the Freedom of assembly and association are guaranteed within the limits of the law. Ras al Khaimah joined the Union in 1972 becoming the 7th Emirate. rulers of the emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain and Fujairah. 1971. The constitution was ratified permanently in 1996 “The Constitution of the United Arab Emirates of 1971.” Official Gazette. December 2, 1971 https://www.raalc.ae/wp-content/uploads/2020/09/The-Constitution-of-the-United-Arab-Emirates-of-1971-English-1.pdf. |
| United Kingdom | Freedom of Association | History | The 1990 Human Rights Act protects the Right to assemble and associate, subject to reasonable and proportionate restrictions. The HRA primarily serves to codify the European Convention on Human Rights into British Law (the ECHR and its associated court are not related to the EU, and the UK is still a signatory).
In 1776, Richard Price, a British writer who supported the American revolution published Observations on the Nature of Civil Liberty, the Principles of Government, and the Justice and Policy of the War with America. Unlike other commentaries on civil rights, he includes discussion on free assembly. He describes a prohibition on “associating for any purposes, except when leave should be given us by a Lord Lieutenant or Viceroy” as being part of a “state of oppression which no country can endure.” Though he does not phrase it as a fundamental right, the fact that Price deems draconian restrictions on association oppressive implies a belief in at least a limited freedom of association. This is the first instance I could find of a political theorist invoking the concept of freedom of association (or the lack thereof). There is a more explicit case for free association in John Stuart Mill’s On Liberty (1859). Mill lays a broad notion of individual liberty. He then argues that “from this liberty of each individual, follows the liberty, within the same limits, of combination among individuals; freedom to unite, for any purpose not involving harm to others: the persons combining being supposed to be of full age, and not forced or deceived (16).” Before any British thinkers espoused freedom of association as a right, John Locke, Thomas Hobbes, and David Hume addressed the issue (as Boyd helpfully summarizes). Hobbes detested associations, referring to them as “lesser commonwealths in the bowels of a greater, like worms in the entrails of a natural man” (257). Locke disagreed with Hobbes’ cynical perspective on groups. John Locke’s “A Letter Concerning Toleration” primarily concerns religious associations, but he extends certain arguments to associations in general. The italicized text below is Boyd’s summarization (241), where sections in quotes come directly from “A Letter.” As Boyd notes, though Locke defends policies that allow freer association, he does so because of their practical benefits, not because it is a fundamental right (2008, 241). “Suppose this Business of Religion were let alone,” Locke hypothesizes, “and that there were some other Distinction made between men and men, upon account of their different Complexions, Shapes, and Features.” Under conditions of differential treatment, such persons, “united together by one common persecution,” would become just as dangerous and disruptive.26 Conversely, if the state eliminated special privileges, on the one hand, or disproportionate burdens, on the other, then supposedly intractable religious or ethnic affiliations would become matters of complete indifference, no more or less contentious than other private decisions about how to spend one’s money, manage one’s estates, or marry off one’s daughter. Finally, David Hume’s “Of Parties in General” (1742) is another important piece of Enlightenment work skeptical of associations. His position is more nuanced that Hobbes; he understands that association may exist for different purposes. Factions “of interest” are deemed less dangerous than factions “of principle.” Regarding factions of principle, he wonders the following: “But where the difference of principle is attended with no contrariety of action, but every one may follow his own way, without interfering with his neighbour, as happens in all religious controversies; what madness, what fury can beget such unhappy and such fatal divisions?” References: Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262. Locke, John. “Letter Concerning Toleration” Mill, John Stuart. On Liberty Price, Richard. Observations on the Nature of Civil Liberty. London: Edward and Charles Dilly and Thomas Cadell, 1776. While there are multiple instance of implied rights of association and petition such as the Magna Carta and the Petition of Right in 1628, the first explicit right to association is Trade Union Act, 1871 which granted the right to form and join trade unions for the purpose of protecting their interests and improving working conditions. Trade Union Act, 1871. 1871. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/98373/117044/F1671923749/IRL98373.pdf. |
| United States | Freedom of Association | History | Listed at the bottom of this section is language from the State Constitutions of New Hampshire and North Carolina and the Pennsylvania Declaration of Rights, all from 1776, which articulate the right to assemble (assembly and association are not always interchangeable, but many constitutions group them together). These documents all contain rights to assemble written in remarkably similar language, and they describe the right as politically driven. These were the oldest references to something like the right of association in governing documents.
Despite modern views of assembly as related to association, at the time of America’s founding, it would have been better understood as related to the right to petition. According to Congress’s online annotated Constitution, the assembly clause meant that the people have a right to assemble in order to petition the government. The site says that assembly was initially seen as a “subordinate and instrumental” right ("Freedom of Assembly and Petition"). The aforementioned state constitutions should be interpreted the same way. In fact, this is even more clear in these state constitutions than in the national one. The state constitutions surround the right to assemble with expressly political language, such as the right to petition and advocacy for the “common good,” while the First Amendment’s guarantees are political, but not entirely political (it protects religion, and protected speech and press are often, but not always, political). As Richard Boyd argues in “The Madisonian Paradox of Free Association,” America’s founders did not explicitly include free association because at least some of them were skeptical of it, worrying that certain associations would be conspiratorial or seditious. He summarizes the British Enlightenment tradition skeptical of associations, which influenced the founders (I describe this in the last few paragraphs of the UK section, on Hobbes, Locke, and Hume). James Madison, the primary author of the Bill of Rights, feared the influence of factions, which private associations furthered. As Boyd notes, Madison viewed association as a “second-order” right (page 258), whose existence is tolerable because institutions can mitigate its worst effects (page 247). The following passage from “Federalist No. 10” illustrates his attitude toward factions arising from free association: It could never be more truly said than of the first remedy, that it was worse than the disease. Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency. As Boyd notes, there are several possible reasons why Madison may not have enumerated the right to associate. It is possible that he saw it as implied by other First-Amendment rights, such as free assembly. It also may have been seen as less important or vulnerable than other rights, and Madison may have seen it as the type of auxiliary right protected by the Ninth Amendment. Finally, the right’s exclusion may have been because the founders were too skeptical of it for its inclusion (258). Since the 1950s and 60s, SCOTUS has, to an extent, ruled that the speech and assembly rights imply a right to associate, especially for politically expressive purposes. For example, it ruled in NAACP v. Alabama that the NAACP cannot be forced to submit a membership roster to a state government. In 2000, in Boy Scouts v. Dale, the court held that the Boy Scouts could exclude gay members (in violation of state non-dsicrimination laws) because not being able to do so would undermine their ability to express a viewpoint - expressive association. In Roberts v. US Jaycees, an organization for young business leaders’ ban on female members was challenged because it violated state non-discrimination law. This case is notable because the court identified a new form of association: intimate association. The opinion of the court states that “certain intimate human relationships be secured against undue intrusion by the State because of the role of such relationships in safeguarding the individual freedom that is central to our constitutional scheme.” The opinion places this right under the general aims of the First Amendment. The court ruled against the organization, but in so doing, it established the idea that Americans have the right to free intimate and expressive association. Still, one could argue that in a state with true freedom to associate, any group of people would be able to enact whatever membership restrictions it wanted, regardless of whether or not it falls into the categories of “expressive” or “intimate.” Although assembly is the First-Amendment freedom that most seems to correspond with association, SCOTUS has not derived free association this way. Rather, it uses a more nebulous combination of various First-Amendment rights. As the majority held in NAACP v. Button, “It is not necessary to subsume such activity under a narrow, literal conception of freedom of speech, petition or assembly, for there is no longer any doubt that the First and Fourteenth Amendments protect certain forms of orderly group activity.” Article XVIII of North Carolina’s Constitution: “That the people have a right to assemble together, to consult for their common good, to instruct their Representatives, and to apply to the Legislature, for redress of grievances.” Section 21 of New Hampshire’s Constitution: “The citizens have a right in a peaceable manner to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or for other purposes, by petition, address, or remonstrance. No law abridging the freedom of speech shall be enacted.” Section XVI of the Pennsylvania Declaration of Rights: “That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance. References: Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262.
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| Uruguay | Freedom of Association | History | The first instance of Freedom of Association in Uruguayan constitution is the 1934 constitution which stated in article 38 according to the translation: “Article 38.- All persons have the right to associate, whatever the object they pursue, provided that they do not constitute an illegal association declared by Law. ”“Constituci�N de La Rep�Blica - 1934.” 1934. Web.archive.org. 1934. https://web.archive.org/web/20131216185532/http://www.parlamento.gub.uy/Constituciones/Const934.htm. |
| Uzbekistan | Freedom of Association | History | The first instance of the right of association is guaranteed in the 1992 Constitution of Uzbekistan. The 34th article roughly states that all citizens have the right to association and that no one may infringe on the rights, freedoms and dignity of the individuals. 08.12.1992. The Constitution of the Republic of Uzbekistan. 1992. Lex.uz. 1992. https://lex.uz/docs/4032775. |
| Vanuatu | Freedom of Association | History | The first instance of the freedom of association in the Vanuatuan Constitution is in the first edition after independence in 1980 asserts in Chapter 2 Part 1 in article 5 sub article h that all individuals are entitled to freedom of assembly and association without discrimination. REPUBLIC OF VANUATU. 1980. “CONSTITUTION of the REPUBLIC of VANUATU.” https://parliament.gov.vu/images/pdf/constitution.pdf. |
| Venezuela | Freedom of Association | History | There are multiple constitutions and iterations of the Venezuelan constitution and the first instance of freedom of association is the 1961 constitution which indicated in article 70 that everyone has the right to associate for lawful purposes, in accordance with the law. Bolivarian Republic of Venezuela. 1961. “Constitución de Venezuela, 1961 Con Reformas de 1983.” Pdba.georgetown.edu. 1961. https://pdba.georgetown.edu/Constitutions/Venezuela/ven1961.html. |
| Vietnam | Freedom of Association | History | The first instance of the freedom of association in Vietnam is the 1946 constitution of the Democratic Republic of Vietnam, in Article 10 which states in translation; Vietnamese citizens have the right to: Freedom of organization and meeting, among other rights. Upon reunification of the North and South of Vietnam the 1992 Constitution indicated in article 69 that citizens are entitled to freedom of speech … assembly, association and demonstration in accordance with the law. “Hiến Pháp 1946 Việt Nam Dân Chủ Cộng Hòa.” 1946. Thuvienphapluat.vn. 1946. https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-1946-Viet-Nam-Dan-Chu-Cong-Hoa-36134.aspx?v=d. Socialist Republic of Vietnam. 1992. “1992 CONSTITUTION of the SOCIALIST REPUBLIC of VIETNAM (as Amended 25 December 2001).” Http://Www.vietnamlaws.com/Freelaws/Constitution92%28aa01%29.Pdf/. 1992. https://web.archive.org/web/20081016121441/http://www.vietnamlaws.com/freelaws/Constitution92%28aa01%29.pdf/. |
| Yemen | Freedom of Association | History | First instance of the right to association is the 39th Article in the 1991 constitution which stated: ‘Citizens all over the Republic may, in a manner that does not contravene the provisions of this constitution, associate politically, professionally, and in trade unions.‘ Further guaranteeing this right in the article stating the various types of associations permitted. LL.M., Prof. Dr. Axel Tschentscher,. 1991. “Yemen Constitution.” Www.servat.unibe.ch. ICL. May 16, 1991. http://www.servat.unibe.ch/icl/ym00000_.html. |
| Zambia | Freedom of Association | History | Zambia states in its constitution of 1991 that every person in Zambia has the right to: freedom of conscience, expression, assembly, movement and association according to article 11 as part of fundamental rights. President and Parliament of Zimbabwe. 1991. “Zambia 1991 (Rev. 2009) Constitution - Constitute.” Www.constituteproject.org. 1991. https://www.constituteproject.org/constitution/Zambia_2009?lang=en. |
| Zimbabwe | Freedom of Association | History | Zimbabwe first highlights the right of association in section 21. Protection of freedom of assembly and association of the 1980 constitution after independence from the United Kingdom. Zimbabwe. 1980. “CONSTITUTION of ZIMBABWE.” AceProject. 1980. https://aceproject.org/ero-en/regions/africa/ZW/Constitution%20of%20Zimbabwe%201980.pdf. |
| Afghanistan | Freedom of Expression | History | Article 31 of the 1964 Afghanistan Constitution states that “every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution” (University of Nebraska, “Constitution of Afghanistan,” 1964) .
In Afghanistan's 2004 constitution Article 34 explicitly protects the freedom of expression. With every Afghan having the right to “express through speech, writing, illustrations as well as other means in accordance with the provisions of the constitution.” References: 1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish 2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en |
| Albania | Freedom of Expression | History | Article 197 of the 1928 Fundamental Statute of the Kingdom of Albania guaranteed freedom of speech in peacetime under ordinary circumstance, but left room for exceptions in wartime or under extraordinary conditions. Freedom of speech was also asserted in Article 53 of the 1976 Constitution. Article 22 of the 1998 Albanian constitution guarantees the freedom of expression.
References: 1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html Albania Constitution (1976): https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf Albania Constitution (1998): “Albania 1998 (Rev. 2016) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Albania_2016?lang=en. |
| Algeria | Freedom of Expression | History | Article 19 of the 1963 Algerian Constitution states that “the Republic guarantees freedom of the press and of other means of information, freedom of association, freedom of speech and public intervention, and freedom of assembly”
Freedom of expression is currently guaranteed by the 52nd article of the 2020 Algeria constitution. References: “The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450. “Algeria 2020 Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Algeria_2020?lang=en. |
| Andorra | Freedom of Expression | History | The Andorran constitution ensures freedom of expression and the freedom to share information in the 12th article of their constitution. This right was codified in 1993 and includes a prohibition on public censorship. “Andorra 1993 Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Andorra_1993?lang=en. |
| Angola | Freedom of Expression | History | Article 22 of the 1975 Angolan Constitution states: "Within the framework of the realization of the basic objectives of the People's Republic of Angola, the law will ensure freedom of expression, assembly, and association."
Freedom of expression is asserted in the 1992 Angola constitution, part II, article 32: "Freedom of expression, assembly, demonstration and all other forms of expression shall be guaranteed." Under chapter two, article 31-32 of the 2010 Angolan Constitution, freedom of expression is guaranteed along with other civil rights and freedoms considered fundamental. References: 1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197 1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf 2010 Angola Constitution: Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Angola_2010?lang=en. |
| Antigua and Barbuda | Freedom of Expression | History | In Antigua and Barbuda the 1981 constitutions second chapter offers a broad variety of protections. They range from the freedom of expression to the protection from discrimination on the grounds of race.
References: “Republic of Antigua and Barbuda / República Del Antigua y Barbuda Constitution of 1981 Constituciones De 1981.” Antigua and Barbuda: Constitution, 1981: https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html. |
| Argentina | Freedom of Expression | History | In Argentina the 1853 constitution laid the groundwork for freedom of expression. "Freedom of speech, although not expressly granted by the Argentine Constitution as it is in the Constitution of the United States, is nevertheless impliedly recognized in Article 14, which guarantees freedom of the press and which provides that all inhabitants of the nation have the right to publish their ideas through the press without previous censorship; and in Article 33, which provides that the declarations, rights, and guarantees enumerated in the Constitution shall not be considered a denial of other rights and guarantees not enumerated but which arise from the principle of the sovereignty of the people and of the republican form of government." (Amadeo, 186-187)
References: Amadeo, Santos P.. Argentine Constitutional Law: The Judicial Function in the Maintenance of the Federal System and the Preservation of Individual Rights. New York Chichester, West Sussex: Columbia University Press, 1943. https://doi-org.proxygw.wrlc.org/10.7312/amad90398 |
| Armenia | Freedom of Expression | History | The 1990 Declaration of Independence of Armenia guaranteed freedom of speech. Article 24 of the 1995 Constitution of Armenia also guaranteed freedom of speech, using language that suggests modes of expression analogous to speech: "Everyone is entitled to assert his or her opinion. No one shall be forced to retract or change his or her opinion. Everyone is entitled to freedom of speech, including the freedom to seek, receive and disseminate information and ideas through any medium of information, regardless of state borders." This constitution was amended in 2005, and Article 27 of the version amended amended in 2005 specifies a guarantee of freedom of expression: "Everyone shall have the right to freely express his/her opinion. No one shall be forced to recede or change his/her opinion. Everyone shall have the right to freedom of expression including freedom to search for, receive and impart information and ideas by any means of information regardless of the state frontiers."
References: Armenian Declaration of Independence: https://www.gov.am/en/independence/ "Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng "Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng |
| Australia | Freedom of Expression | History | According to the Australian Human Rights Commission: "The Australian Constitution does not explicitly protect freedom of expression. However, the High Court has held that an implied freedom of political communication exists as an indispensable part of the system of representative and responsible government created by the Constitution. It operates as a freedom from government restraint, rather than a right conferred directly on individuals." Furthermore, the Australian Human Rights Commission sees freedom of expression as extant in common law, and described a presumption in favor of preservation of such rights, absent explicit claims by Parliament to the contrary: "A well-established principle of statutory interpretation in Australian courts is that Parliament is presumed not to have intended to limit fundamental rights, unless it indicates this intention in clear terms. This includes freedom of expression."
References: “Freedom of Information, Opinion and Expression.” The Australian Human Rights Commission. Accessed September 14, 2022. https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-information-opinion-and-expression. |
| Austria | Freedom of Expression | History | Article 13 of Austria’s 1867 “Basic Law on the General Rights of Nationals in the Kingdoms and Länder represented in the Council of the Realm” states that “Everyone has the right within the limits of the law freely to express his opinion by word of mouth and in writing, print, or pictorial representation. The Press may be neither subjected to censorship nor restricted by the licensing System. Administrative postal distribution vetoes do not apply to inland publication” (Basic Law of 21 December 1867) .
References: 1867 Basic Law: https://www.servat.unibe.ch/icl/au03000_.html |
| Azerbaijan | Freedom of Expression | History | In Azerbaijan’s 1995 constitution freedom of expression is protected via the 47th article on Freedom of Thought and Speech. It is accompanied by articles defending freedom of conscience, assembly, information and creative work.
References: https://constitutionnet.org/sites/default/files/Azerbaijan%20Constitution.pdf Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971. |
| Bahrain | Freedom of Expression | History | According to Article 23 of the 1973 Constitution of Bahrain, "Freedom of speech and freedom to carry out scientific research shall be guaranteed. Every person shall have the right to express and propagate his opinion in words or in writing or by any other means, in accordance with the conditions and procedures specified by the law."
Chapter Three, Article 23 of the 2002 Bahrain Constitution with amendments through 2017 describes freedom of expression in the following way: "Freedom of opinion and scientific research is guaranteed. Everyone has the right to express his opinion and publish it by word of mouth, in writing or otherwise under the rules and conditions laid down by law, provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord or sectarianism is not aroused." References: “Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html “Bahrain 2002 (Rev. 2017) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bahrain_2017?lang=en. |
| Bangladesh | Freedom of Expression | History | Article 39 of the 1972 Bangladesh Constitution states that “(1) Freedom or thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-(a) the right of every citizen of freedom of speech and expression; and freedom of the press, are guaranteed."
References: http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf |
| Barbados | Freedom of Expression | History | Article 20 of the 1966 Barbados Constitution states: "20. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences and freedom from interference with his correspondence or other means of communication. 2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -
a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or b. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or c. that imposes restrictions upon public officers or members of a disciplined force." References: https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html |
| Belarus | Freedom of Expression | History | The Constitution of Belarus originally adopted in 1994 including Section II outlines the protected freedom of expression in Article 33.
References: 1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults 1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e |
| Belgium | Freedom of Expression | History | Article 20 of the 27 October 1830 Draft Constitution of Belgium asserted the right to opinion: "The freedom of opinion in all matters is guaranteed."
In Belgium freedom of expression is guaranteed by Article 14 of the 1831 constitution: "The freedom of religions, their public exercise, as well as the liberty of expressing their opinions on every matter, are guaranteed; reserving the right of repressing crimes committed in the exercise of these liberties." References: English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults 1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831 |
| Belize | Freedom of Expression | History | Article 12 of the 1981 Constitution of Belize states, "Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence." However, the Constitution also articulates certain conditions under which exceptions to this might be necessary, including what might be necessary in the "interests of defence, public safety, public order, public morality or public health; ... for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or the technical operation of telephone, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or that imposes restrictions on officers in the public service that are required for the proper performance of their functions."
References: 1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html |
| Benin | Freedom of Expression | History | Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed freedom of expression, conditioned by respect for public order.
Article 23 of Benin’s 1990 Constitution offers a similar guarantee: " Every person has the right to freedom of thought, of conscience, of religion, of creed, of opinion and of expression with respect for the public order established by law and regulations." References: "Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=# 1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf |
| Bhutan | Freedom of Expression | History | In The Kingdom of Bhutan all Bhutanese citizens are granted the right to free speech and expression under article 7 of the 2008 constitution. This does however only apply to those citizens of Bhutan.
References: Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008 |
| Bolivia | Freedom of Expression | History | Article 145 of the 1826 Draft Constitution for the Republic of Bolivia states: "Every Person may communicate his thoughts, verbally or in writing, or publish them through the medium of the Press, 'without previous censorship; but under the responsibility which the Law may determine."
References: 1826 Draft Constitution for the Republic of Bolivia: English text of the draft Constitution of 1826. 892 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0002&id=18&men_tab=srchresults |
| Bosnia and Herzegovina | Freedom of Expression | History | In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." According to Section 12 of the 1910 Constitution of Bosnia and Herzegovina, "The right to express his opinion freely, verbally, in writing, print, or illustration is granted to every individual, without prejudice to the legal regulations dealing with the abuse of this right."
Bosnia and Herzegovina’s constitution adopted in 1995 lists freedom of expression as one of the thirteen rights afforded to any person that enters the territory. It is listed among rights like the right to life, right to marry and the right not to be subject to slavery. References: 1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults# “Bosnia and Herzegovina 1995 (Rev. 2009) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009?lang=en. |
| Botswana | Freedom of Expression | History | According to Article 12 of the 1966 Botswana Constitution:
"(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his or her correspondence. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or (b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or (c) that imposes restrictions upon public officers, employees of local government bodies, or teachers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society." References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana |
| Brazil | Freedom of Expression | History | Article 179 of the 1824 Political Constitution of the Empire of Brazil stated: "All are permitted to communicate their thoughts by words, writings and by publications in print without dependence upon censorship, the while they must respond for the abuses they may commit in the exercise of this right, in the cases and manner to be determined by law."
Freedom of expression can also be found in Article 5 of the 1988 Brazil Constitution. References: 1824 Political Constitution of the Empire of Brazil : English original text of the Constitution of 1824 250 (2010) Title VIII: General Provisions and Guarantees of the Civil and Political Rights of Brazilian Citizens https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0040&id=14&men_tab=srchresults “Federal Supreme Court Constitution - Stf.jus.br.” Accessed September 14, 2022. https://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf. |
| Brunei | Freedom of Expression | History | According to the U.S. Department of State, as of 2022 in Brunei: "Under the law and emergency powers, the government restricted freedom of expression, including for media."
References: https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/brunei/ |
| Bulgaria | Freedom of Expression | History | Article 79 of the 1879 Tarnovo Constitution guaranteed freedom of the press. Article 88 of the 1947 Constitution of the People's Republic of Bulgaria guaranteed freedom of speech and of the press, as did Article 54 of the 1971 Constitution of the People's Republic of Bulgaria.
Bulgaria’s constitution adopted in 1991 provides explicit protection of freedom of expression. References: 1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XI!: The Subjects of the Principality of Bulgaria: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=8&men_tab=srchresults 1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index= 1971 Constitution of the People's Republic of Bulgaria: "Chapter III: Basic Rights and Obligations of the Citizens," [Constitution of the People's Republic of Bulgaria] (1971): 14-22 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0021&id=17&men_tab=srchresults “Bulgaria 1991 (Rev. 2015) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bulgaria_2015?lang=en. |
| Burkina Faso | Freedom of Expression | History | Article 13 of the 1970 Constitution of Upper Volta stated: "Citizens shall enjoy freedom of speech, press, assembly, association, procession and demonstration in the conditions laid down by law. The exercise of these rights shall be limited only by the freedom of others, security and public order"
Burkina Faso’s constitution protected freedom of expression when it was adopted in 1991 in the forms of opinions, press and the right to free information in article 8 of the original constitution. References: 1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults “Burkina Faso 1991 (Rev. 2015) Constitution.” Constitute. Last modified 2015. Accessed September 16, 2022. https://www.constituteproject.org/constitution/Burkina_Faso_2015?lang=en. |
| Burundi | Freedom of Expression | History | Article 31 of the 2005 Burundi Constitution states: "The liberty of expression is guaranteed. The State respects the liberty of religion, thought, consciousness and opinion."
Burundi's current constitution was put in place in May of 2018. The new constitution guarantees freedom of expression in article 31. References: "Burundi 2005 Constitution": https://constituteproject.org/constitution/Burundi_2005 “Burundi 2018 Constitution.” Constitute. Last modified 2018. Accessed September 16, 2022. https://www.constituteproject.org/constitution/Burundi_2018?lang=en. |
| Cambodia | Freedom of Expression | History | According to Article 9 of the 1947 Constitution: "Every Cambodian is free to speak, write, print, and publish. He may, either by way of the press or any other means express, spread, defend every opinion so long as he makes no unauthorized use of that right or does not tend to disturb the public order."
In the Kingdom of Cambodia freedom of expression is currently protected by the 41st article of the 1993 constitution. The nation is a kingdom the however, king reigns but does not govern and the citizens are afforded a plethora of protected rights. References: 1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf 1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539 |
| Cameroon | Freedom of Expression | History | The 1961 Cameroon Constitution offered a general guarantee of those rights in the UDHR (of which one is freedom of expression): "The Federal Republic of Cameroon is democratic, secular and social. It shall ensure the equality of all citizens before the law. It affirms its adherence to the fundamental freedoms set out in the Universal Declaration of Human Rights and the Charter of the United Nations." However, the 1961 Constitution did not discuss the right to freedom of expression specifically.
Freedom of expression is specifically guaranteed in the 1972 Cameroon Constitution: "the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law" References: 1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf 1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en |
| Canada | Freedom of Expression | History | In Canada the "Canadian Charter of Rights and Freedoms" of 1982 a part of the Canadian constitution that set in stone the fundamental rights and freedoms afforded to all Canadians. It was preceded by the Constitution of Canada adopted in 1867, but the constitution makes no such explicit protection for the freedom of expression.
References: Canadian Heritage. “Government of Canada.” Canada.ca. / Gouvernement du Canada, March 24, 2022. Last modified March 24, 2022. Accessed September 20, 2022. https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html. |
| Cape Verde | Freedom of Expression | History | In Cape Verde Freedom of expression is protected by the 1980 constitution through Title 2, Article 27. The constitution further protects freedom of expression in articles 45 and 46.
References: “Cape Verde 1980 (Rev. 1992) Constitution.” Constitute. Last modified 1992. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Cape_Verde_1992?lang=en. |
| Central African Republic | Freedom of Expression | History | Article 13 of the 1994 Constitution reads: "The freedom to inform, to express and diffuse opinions by speech, the pen and image, under reservation of respect of the rights of others, is guaranteed."
This right is also found can be found in the 2016 Constitution: "The freedom to inform, to express and to disseminate one's opinions by speech, the pen and the image and any other means of communication under reserve of respect for the rights of others, is guaranteed individually and collectively." References: Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf “Central African Republic 2016 Constitution.” Constitute. Last modified 2016. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Central_African_Republic_2016?lang=en. |
| Chad | Freedom of Expression | History | According to Article 5 of the 1959 Constitution of Chad, "citizens have the right to associate, to petition and to manifest freely their thoughts. The exercise of these rights has as its only limit the rights or the freedom of others and public security."
Chad's 2018 Constitution offers freedom of expression in article 28. However, the same article offers the following condition: "The law determines the conditions of their exercise." References: 1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults “Chad 2018 Constitution.” Constitute. Last modified 2018. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Chad_2018?lang=en. |
| Chile | Freedom of Expression | History | Article 11 of the 1818 Provisional Constitution of Chile offered guarantees relevant to freedom of expression, though with noteworthy limitations: "Every man has the freedom to publish his ideas and to examine the subjects [objetos] within his scope [alcances], as long as he does not offend the individual [particular] rights of the members of society, the public tranquility and the Constitution of the State, [the] conservation of the Christian religion, [and the] purity of its moral and sacred dogmas; and as a consequence, the freedom of [the] press must be permitted, in accordance with the regulation that the Senate or [the] Congress will establish [formara] for it."
Article 10.3 of the 1925 Chile Constitution offered a more general iteration of the freedom of expression available to inhabitants of Chile: "Freedom to express, without prior censorship, opinions, orally or in writing, through the medium of the press or in any other form; yet without prejudice to the liability of answering for offenses and abuses that may be committed in the exercise of this liberty in the manner and in the cases as determined by law." Article 19.12 of the 1980 Constitution, as revised up to 2021, offered a similar formulation of freedom of expression: "Freedom to express opinions and to inform, without prior censorship, in any form and by any means, notwithstanding the liability for crimes and abuses committed in the exercise of these freedoms, in accordance with the law, which shall be of qualified quorum." References: Provisional Constitution of 1818: English translation of the Spanish original text of the Provisional Constitution of 1818. 5 (1818) Chapter I: On the Rights and Duties of Man in Society https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0112&id=5&men_tab=srchresults Chile 1925 Constitution: https://www.constituteproject.org/constitution/Chile_1925?lang=en “Chile 1980 (Rev. 2021) Constitution.” Constitute. Last modified 2021. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Chile_2021?lang=en. |
| China | Freedom of Expression | History | According to the 1908 Memorial and Edict on Constitutional Government: "Officers and people who keep within the law will have freedom of speech, of the press, and of assembly."
The Constitution of the People’s Republic of China of 1982 explicitly protects the freedom of expression. References: 1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults “People's Republic of China.” Constitution of the People's Republic of China. Accessed September 20, 2022. http://www.npc.gov.cn/englishnpc/constitution2019/201911/1f65146fb6104dd3a2793875d19b5b29.shtml. |
| Colombia | Freedom of Expression | History | Article 156 of the 1821 Constitution of the Republic of Colombia protected freedom of written expression: "All Colombians have the right of freely recording, printing, and publishing their thoughts and opinions, without the necessity of any examination, revision, or censorship, previous to publication. Those, however, who commit any abuse of this inestimable privilege, shall incur the punishments which they have deserved, conformably to the Laws."
Article 5(7) of the 1853 Constitution of New Grenada went further to describe in more general terms the scope of freedom of expression, and guaranteed: "The free expression of thought, it being understood that when done by the press it is without any limitation, and when done by word of mouth or any other means it is limited only in those ways established by law." In Colombia freedom of expression is constitutionally protected by articles 46 and 47 of the constitution originally adopted in 1995. References: 1821 Constitution of the Republic of Colombia: English translation of the Spanish original text of the Constitution of 1821 718 (2009) Title VIII: General Regulations: https://heinonline.org/HOL/Page?handle=hein.cow/zzco0007&id=21&collection=cow&index=# 1853 Constitution of New Grenada: English translation of the Spanish original text of the Constitution of 1853 202 (2009) Title I: The Republic of New Granada; and Granadines https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzco0029&id=2&men_tab=srchresults 1995 Columbia Constitution: “Conoce Nuestro Micrositio.” Contador De Visitas Gratis. Last modified 2021. Accessed September 20, 2022. https://www.corteconstitucional.gov.co/. |
| Comoros | Freedom of Expression | History | In Comoros freedom of expression, thought, assembly and cultural creation are all protected by article 21 of the nation’s constitution adopted in 2018. “Comoros 2018 Constitution.” Constitute. Last modified 2018. Accessed September 20, 2022. https://constituteproject.org/constitution/Comoros_2018?lang=en. |
| Costa Rica | Freedom of Expression | History | The Costa Rican constitution officially guaranteed freedom of expression (that does not harm third parties or infringe on the law) in article 28 of the 1949 constitution. “Costa Rica 1949 (Rev. 2011) Constitution.” Constitute Project. Last modified 2011. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Costa_Rica_2011?lang=en. |
| Croatia | Freedom of Expression | History | Croatia guarantees freedom of expression in article 38 of the 1991 constitution. “Croatia 1991 (Rev. 2013) Constitution.” Constitute. Last modified 2013. Accessed September 28, 2022. https://www.constituteproject.org/constitution/Croatia_2013?lang=en. |
| Cuba | Freedom of Expression | History | While the 1976 constitution protected freedom of expression that promoted the socialist society of Cuba, the 2019 constitution fully guarantees freedom of expression. “Cuba 2019 Constitution.” Constitute. Last modified 2019. Accessed September, 2022. https://www.constituteproject.org/constitution/Cuba_2019?lang=en. |
| Cyprus | Freedom of Expression | History | Cyprus protected freedom of expression with article 19 of their 1960 constitution. “Cyprus 1960 (Rev. 2013) Constitution.” 2013. Constitute. https://www.constituteproject.org/constitution/Cyprus_2013?lang=en. |
| Czech Republic | Freedom of Expression | History | The current constitution of 1992 superseded the 1960 constitution upon its adoption by the Czech national council. Both constitutions however, protected freedom of expression. “Czech Republic 1993 (Rev. 2013) Constitution.” 2013. Constitute. https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en. |
| Democratic Republic of the Congo | Freedom of Expression | History | According to Article 25 of the 1964 Constitution of the Democratic Republic of the Congo: "Everyone has the right to freedom of expression. This right implies the freedom to express one's opinions and feelings, in particular through speech, writing and images, subject to the respect of public order and morality."
In The Democratic Republic of the Congo expression in the form of speech, print, thought and pictures with respect to the law is protected by article 21 of the 2005 constitution. References: 1964 Constitution of the Democratic Republic of the Congo: https://en.wikisource.org/wiki/Translation:Constitution_of_the_Democratic_Republic_of_the_Congo_(1964)#Title_II._Fundamental_rights 2005 Constitution of the Democratic Republic of the Congo: “Congo (Democratic Republic of the) 2005 (Rev. 2011) Constitution.” Constitute. Last modified 2011. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011?lang=en. |
| Denmark | Freedom of Expression | History | Denmark has protected freedom of expression since their 1953 constitution was adopted. “Denmark's Constitution of 1953 - Constituteproject.org.” 2022. Accessed September 28. https://www.constituteproject.org/constitution/Denmark_1953.pdf?lang=en&lang=en. |
| Djibouti | Freedom of Expression | History | Under Article 15 of the 1992 Djibouti Constitution: "Each has the right to express and to disseminate freely their opinions by word, pen, and image. These rights may be limited by prescriptions in the law and in respect for the honor of others." (Constitute Project, “Djibouti's Constitution of 1992 with Amendments through 2010” ).
References: 1992 Djibouti Constitution: Constitute Project, Djibouti's Constitution of 1992 with Amendments through 2010 https://www.constituteproject.org/constitution/Djibouti_2010?lang=en |
| Dominica | Freedom of Expression | History | Chapter I, Section 1 of the 1978 Constitution of Dominica guaranteed freedom of expression to all persons in Dominica, subject only to limitations "designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest." Chapter 1, Section 10 of that Constitution went into greater detail, both concerning the right and concerning potential limitations.
References: 1978 Constitution of Dominica: "Chapter I: Protection of Fundamental Rights and Freedoms," Commonwealth of Dominica Constitution Order, 1978 (1978): 2919-2934 https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzdm0004&id=7&collection=cow&index= |
| Dominican Republic | Freedom of Expression | History | The 1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti offered a provisional guarantee of freedom of the press, and the 1844 Constitution of the Dominican Republic offered a more straightforward guarantee of press freedom.
Article 23 of the February 1854 Constitution of the Dominican Republic described freedom of expression in the context of the right to petition the government: "All Dominicans have the right of petitioning upon any matter whatsoever of public or private interest, and of expressing freely and without any responsibility, their opinion touching the same...." Article 11.2 of the 1877 Constitution of the Dominican Republic guaranteed freedom of thought and speech as well as the press. Article 11.2 of the 1887 Constitution of the Dominican Republic guaranteed freedom of expression understood in similar terms: "The liberty of thought, expressed by speech or by means of the press without previous censure, but subject to the law...." The 1924 Constitution of the Dominican Republic offered a still broader assertion of freedom of expression, described in terms of: "The right to express thought by any medium without prior censorship." References: 1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti: English translation of the Constitution of 1821 557 (2010) Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0002&id=8&men_tab=srchresults 1844 Constitution of the Dominican Republic: Spanish orignal text of the Constitution of 1844 [3] (2012) Chapter II: Public Right of Dominicans https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0014&id=3&men_tab=srchresults February 1854 Constitution of the Dominican Republic: English translation of the Constitution of February 1854 1321 (2010) Chapter 2 https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0003&id=7&men_tab=srchresults 1877 Constitution of the Dominican Republic: Spanish original text of the Constitution of 1877 218 (2010) Title III: Guarantees of Dominicans https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0033&id=3&men_tab=srchresults 1887 Constitution of the Dominican Republic: English translation of the Constitution of 1887. 757 (2010) Chapter III: National Guarantees https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0006&id=3&men_tab=srchresults 1924 Constitution of the Dominican Republic: "Section I: Individual Rights," Constitution of the Dominican Republic (1924): 4-5 https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0100&id=2&men_tab=srchresults |
| East Timor | Freedom of Expression | History | Section 40 of the 2002 East Timor Constitution states:
"1. Every person has the right to freedom of speech and the right to inform and be informed impartially. 2. The exercise of freedom of speech and information shall not be limited by any sort of censorship. 3. The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the Constitution and the dignity of the human person." Also relevant to freedom of expression is the defense of freedom of the press in Section 41 of the 2002 East Timor Constitution. References: 2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf. |
| Ecuador | Freedom of Expression | History | Article 64 of the 1830 Ecuador Constitution guaranteed freedom of the press: "Every citizen can express their thoughts and publish them freely through the press with respect for decency and public morals, and always subject to the liability of the law."
Article 102 of the 1869 Constitution of the Republic of Ecuador offered a more complete defense of freedom of expression: "The expression of ideas, whether verbal, written, or printed, is free, without previous censure, provided religion, morality, and decency are respected; but any one who. may abuse this right shall be punished according to the law, and by the ordinary judges, the jury of the press being abolished." Section III, Article 17, Part 8 of the 1878 Constitution of Ecuador guaranteed verbal expression of one's ideas as well as printed expression. References: 1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults 1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults 1878 Constitution of Ecuador: Spanish text of the constitution of 1878 414 (2017) Section III: Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0056&id=1&men_tab=srchresults |
| Egypt | Freedom of Expression | History | According to Article 14 of Royal Decree No.42 (1923): “Freedom of opinion shall be ensured. Every person may express their thoughts in saying, writing, depiction, or otherwise in consistency with the law.”
References: 1923. Royal Decree No. 42 of 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf |
| El Salvador | Freedom of Expression | History | Chapter 16, Section 73 of the 1841 Constitution of the State of Salvador reads: "Every citizen and inhabitant may freely express, write, and publish his opinion, without being subject to censorship, and with the sole condition of being answerable for the abuse of that liberty before a jury established by the law. In like manner, Salvadoreans may assemble peaceably and orderly to discuss questions of public interest, or to address petitions to the constituted authorities; but the originators of such meetings shall be held responsible for any disturbance which may occur."
References: English translation of the Constitution of 1841. 218 (2010) "Chapter XVI: Declaration of the Rights, Duties, and Securities of the Nation, and of Salvadoreans in Particular," Political Constitution of the State of Salvador (1841): 218-222 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzsv0002&id=14&men_tab=srchresults |
| Equatorial Guinea | Freedom of Expression | History | Equatorial Guinea were granted their independence from Spanish rule in 1968 which led to the enactment of the Equatorial Guinea Constitution. Title I, Article 3 of the 1968 constitution expressly recognizes and guarantees all rights outlined in the 1948 Universal Declaration of Human Rights. The Universal Declaration of Human Rights in which Article 19 guarantees the “the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,”(United Nations, 1948).
Sources: United Nations. 1948. “Universal Declaration of Human Rights.” https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translatio ns/eng.pdf. “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?men_tab=srchresults&handle=hein.cow/text gu0001&id=18&size=2&collection=cow&terms=libertades&termtype=phrase&set_as_cursor=. |
| Eritrea | Freedom of Expression | History | The 1997 constitution of Eritrea brought with it freedom of expression. |
| Estonia | Freedom of Expression | History | The country of Estonia has had three separate governing constitutions, the first of which was enacted in 1920. Section II, Article 13 of the Constitution of the Republic of Estonia declares that “In Esthonia there is freedom for the expression of personal ideas in words, print, letters, pictures and sculpture. This freedom can be restricted only in the defense of the State and morals. There is no censorship in Esthonia.”
Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 8, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=co w&handle=hein.cow/zzee0004&id=2&men_tab=srchresults. “Constitution of Estonia.” 2024. Wikipedia. April 25, 2024. https://en.wikipedia.org/wiki/Constitution_of_Estonia#cite_note-5. https://www.eesti.ee/en/republic-of-estonia/human-rights/freedom-of-speech-and-religion |
| Eswatini | Freedom of Expression | History | Eswatini has been considered an independent country since 1968 but the earliest assertion of the right to freedom of expression is presented in the Constitution of the Kingdom of Swaziland Act 2005. In Article 14, Chapter III secures the “freedom of conscience, of expression and of peaceful assembly and association and of movement.”
Sources: “Eswatini 2005 Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Swaziland_2005. |
| Ethiopia | Freedom of Expression | History | Chapter III, Article 41 of the 1955 Revised Constitution of the Empire of Ethiopia states: "Art. 41. Freedom of speech and of the press is guaranteed throughout the Empire in accordance with the law."
References: 1955 Revised Constitution of the Empire of Ethiopia: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nations. The Hague, M. Nijhoff. https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/conatio0001&id=192&men_tab=srchresults |
| Federated States of Micronesia | Freedom of Expression | History | Freedom of expression is protected in Micronesia by Article IV, Section 1 of the 1978 Constitution as Amended in 1990.
References: 1978 Constitution as Amended in 1990: Article IV: Declaration of Rights," Constitution of the Federated States of Micronesia, 1978 : [3]-[4] https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmf0001&id=3&men_tab=srchresults |
| Fiji | Freedom of Expression | History | Freedom of expression was first protected by Article II, Section 3 of the 1970 constitution of Fiji.
References: 1970 Constitution of Fiji: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff. https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=136&men_tab=srchresults |
| Finland | Freedom of Expression | History | According to Article 10 of the 1919 Form of Government, Finland protects the freedom of speech and the freedom to publish without restraint, although it does not explicitly state the freedom of expression. The 1999/2000 Constitution grants freedom of expression to all Finnish citizens, including “the right to express, disseminate, and receive information, opinions, and other communications without prior prevention by anyone.” There are limits to this freedom, such as to protect children or classified cases.
References English translation of the French official translation of the original text of the Constitution of 17 July 1919. 469 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfi0005&id=2&collection=cow&index= English translation Finnish original official text of the Constitution of 1999/2000. 3 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfi0015&id=3&men_tab=srchresults |
| France | Freedom of Expression | History | France laid the groundwork for inalienable rights to freedom of expression through the Declaration of the Rights of Man, and of the Citizen. Article 11 of this 1789 document states, “The free communication of ideas and of opinion is one of the most precious rights of man.” The 1791 French Constitution utilized this phrasing in its 11th Article to enshrine freedom of expression, and continues this tradition of citing the Rights of Man in the 1958 Constitution.
References: English translation of the French original text of the Declaration of 1789, 2 (2010) Declaration of the Rights of Man and Citizen, 1789 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0143&id=2&men_tab=srchresults English translation of the French original text of the Constitution of 1791, 60 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0138&id=3&men_tab=srchresults English original text of the Constitution of 1958, together with the Preamble of 1946, 77 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfr0147&id=3&collection=cow&index= |
| Gabon | Freedom of Expression | History | Following independence from France, Gabon’s 1959 Constitution did not explicitly grant freedom of expression. The 2nd Republic’s 1961 Constitution drew ideas from the 1789 Declaration of the Rights of Man and of the Citizen and from the 1948 Universal Declaration Of the Rights of Man. It added, “Everyone has the right to the free development of his personality, within the limits of respect for the rights of others and for the public order.” Moreover, the 3rd Republic’s 1991 Constitution expanded upon this conception of the freedom of expression to include “the freedom of conscience, of thought, of opinion, of expression, of communication, the free practice of religion,” based on the 1981 African Charter of the Rights of Man and of Peoples and the 1990 National Charter of Freedoms.
References: English Translation of the French Official Original Text of the Constitution of 1959, 3 (2022) https://heinonline.org/HOL/Page?handle=hein.cow/zzga0042&id=3&collection=cow&index= English translation of the French original text of the Constitution of 1961, 194 (2017) https://heinonline.org/HOL/Page?handle=hein.cow/zzga0032&collection=cow English Translation of the French Original Text of the Constitution of 1991, 3 (2022) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzga0054&id=3&men_tab=srchresults |
| Georgia | Freedom of Expression | History | The Constitution of the Democratic Republic of Georgia of 1921 protected freedom of expression, and the redrafted version of this constitution is still in place today. Article 19 of the 1995 Georgia Constitution grants freedom of expression to all individuals. It also stipulates that no one may be forced to express certain beliefs. Article 16 broadens this conceptualization of expression by postulating that “everyone has the right to free personal development.”
References: English Translation of the Georgian Original Text of the Constitution of 1995, 3 (1995) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzge0021&id=3&men_tab=srchresults |
| Germany | Freedom of Expression | History | Article 4of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted freedom of expression.
Article 118 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guaranteed freedom of expression. References: "IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 210-211: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index= The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840 |
| Ghana | Freedom of Expression | History | Article 22 of the 1969 Constitution grants freedom of expression. It also requires press mediums to provide equal opportunities for opposing views. The 1979 Constitution confirms this right and prohibits censorship. Ghana’s current Constitution from 1992 groups freedom of expression, press, and speech together.
References: English original text of the Constitution of 1969, 22 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgh0024&id=38&men_tab=srchresults English original text of the Constitution of 1979 as scheduled to the Order 29 (2010) Liberty https://heinonline.org/HOL/Page?handle=hein.cow/zzgh0003&id=42&collection=cow&index= English original text of the Constitution of 1992 as scheduled to the Promulgation Law, 23 (2009) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgh0001&id=53&men_tab=srchresults |
| Greece | Freedom of Expression | History | The 10th Article of the 1844 Greek Constitution cedes the right to free verbal and written expression. Notably, it restricts access to the position of newspaper editor to only Greek citizens. This designation is not changed until the 1975 Constitution of Greece designates free expression in Article 14, except in the cases of attempts to overthrow the government, criticize the President, or make offensive remarks against Christianity or another religion.
References: English translation of the Greek original text of the Constitution of 1844, 6 (1844) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgr0044&id=6&men_tab=srchresults English translation of the Greek original text of the Constitution of 1975, 14 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgr0016&id=12&men_tab=srchresults |
| Grenada | Freedom of Expression | History | Grenada’s 1973 Constitution declares the freedom of expression in its first Article. It groups freedom of expression with freedom of conscience, assembly, and association. This version of the Constitution was reinstated in 1991 and revised in 1992.
References: English original text of the Constitution of 1973 as scheduled to the Order 6 (1973) https://heinonline.org/HOL/Page?handle=hein.cow/zzgd0001&id=6&collection=cow&index= https://pdba.georgetown.edu/Constitutions/Grenada/gren73eng.html#mozTocId391068 |
| Guatemala | Freedom of Expression | History | The 1823 Constitutional Bases mentioned freedom of thought, which was officially installed as a right in the 1825 First Constitution the State of Guatemala in Article 25. The pattern of short, turbulent regimes during the 20th century manifested in numerous constitutions, all of which guaranteed freedom of expression and opinion. Most recently, the Political Constitution of the Republic of Guatemala from 1985/86 grants freedom of expression “through any means of dissemination, without censorship or prior permission.”
References: English translation of the Spanish original text of the fundamental law of 1823, 114 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgt0103&id=4&men_tab=srchresults English translation of the Spanish orignal text of the Constitution of 1825, 117 (2017) https://heinonline.org/HOL/Page?handle=hein.cow/zzgt0100&id=2&collection=cow&index= English Translation of the Spanish Original Text of the Constitution of 1985/86, 10 (1986) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgt0106&id=10&men_tab=srchresults |
| Guinea | Freedom of Expression | History | The 1958 Constitution of the First Republic of Ghana does not explicitly protect freedom of expression, but lays the groundwork for freedom of speech in Article 40. The seventh Article in the constitution of the Third Republic, crafted in 1990, dictates that everyone is “free to express, to manifest and to diffuse” ideas. The most recent 2020 Constitution guarantees freedom of expression and of opinion in Article 10.
References: Amos J.; Xydis Peaslee, Dorothy Peaslee. Constitutions of Nations, 3 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/conatio0001&id=251&men_tab=srchresults English Translation of the French Original Text of the Fundamental Law of 1990, 4 (2021) https://heinonline.org/HOL/Page?handle=hein.cow/zzgn0016&id=4&collection=cow&index= English Translation Based on a Transcription of Decree D/2020/073/PRG/SGG of 6 April 2020, as Published in the Journal Officiel de la Republique de Guinee of 14 April 2020, Provided by the Web Portal for the Law of Guinea [GuiLaw], 6 (2021) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgn0019&id=6&men_tab=srchresults |
| Guinea-Bissau | Freedom of Expression | History | Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17. The 1984 version, amended in 1993, individually grants freedom of expression in Article 51.
References: Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s English Translation of the Portuguese Original Text of the Constitution of 1984 as Amended by Constitutional Law No. 1/95 of 1 December 1995 and Constitutional Law No. 1/96 of 16 December 1996, 13 (2023) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgw0008&id=13&men_tab=srchresults |
| Guyana | Freedom of Expression | History | Following its declaration of independence from the British Empire, the government of Guyana published the 1966 Constitution, which permits freedom of expression in Article 3. This right was further protected in Article 40 of the 1980 Constitution of the Co-operative Republic of Guyana, which is still held today.
References: English text of the Constitution of 1966, 630 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgy0002&id=2&men_tab=srchresults English text of the Constitution of 1980, 26 (2011) https://heinonline.org/HOL/Page?handle=hein.cow/zzgy0004&id=26&collection=cow&index= |
| Haiti | Freedom of Expression | History | Haiti’s establishment of independence from France following the Haitian Revolution manifested in the 1806 Constitution. Revised in 1816, the Constitution stated, “No one can be hindered from telling, writing or publishing his opinions.” This tradition continued through the 19th and 20th century, with the 1987 Constitution of the Republic of Haiti stating that all Haitains have the right to express opinions, and censorship is only allowed in times of war. Following the regime changes in the 2020s, there are circulating Draft Constitutions of the Independent Advisory Committee.
References: English Translation of the French Text of the Constitution of 1806, as Amended to 1816, 64 (2014) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0060&id=3&men_tab=srchresults English original text of the Constitution of 1987, 8 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0028&id=9&men_tab=srchresults |
| Honduras | Freedom of Expression | History | Honduras first protected freedom of expression in Article 99 of the 1848 Constitution. Notably, it granted this right to both citizens and inhabitants. The 1865 Constitution continued to protect this right, but added the stipulation that “writing injurious to particular persons cannot be published unless subscribed by the author, and with the publication of his name.” Article 85 of the constitution written in 1965 cements the freedom of expression. In 1969 Honduras signed the American Convention on Human Rights, which asserted freedom of expression.
References: English translation of the Spanish original text of the Constitution of 1848, 1103 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0003&id=18&men_tab=srchresults English translation of the Spanish original text of the Constitution of 1865, 303 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0004&id=17&men_tab=srchresults Amos J.; Xydis Peaslee, Dorothy Peaslee. Constitutions of Nations, 3 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/conatio0004&id=861&men_tab=srchresults “Basic Documents - American Declaration - Cidh.oas.org.” 2022. Accessed October 31. https://www.cidh.oas.org/Basicos/English/Basic2.American%20Declaration.htm. |
| Hungary | Freedom of Expression | History | Hungary’s declaration of independence in 1791 included freedom of expression through the press in Article 1 of Law 18. During its time as a Communist nation, it granted freedom of press, speech, and assembly — but not explicitly expression. The current Fundamental Law of Hungary guarantees freedom of expression in Article 9.
References: Herbert F. Wright. Constitutions of the States at War 1914-1918 (1919). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=41&men_tab=srchresults English translation of the Hungarian original text of the Constitution of 1949, 669 (2013) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults English translation of the Hungarian original text of the Constitution of 2011, 8 (2012) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0016&id=9&men_tab=srchresults |
| Iceland | Freedom of Expression | History | The 54th Article of the 1874 Constitutional Law for the Special Affairs of Iceland guaranteed freedom of opinion in print. Interestingly, it also stipulated that no restrictive measures or attempts at censorship “can ever be introduced.” Thus, the 1944 Constitution of the Republic of Iceland still protects this freedom and restricts attempts to undo it.
References: British and Foreign State Papers (1873-1874). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0065&id=1005&men_tab=srchresultsBritish and Foreign State Papers (1943-1945). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0145&id=614&men_tab=srchresults |
| India | Freedom of Expression | History | The Constitution of India Bill (also referred to as the Swaraj Bill) codified in 1895 was the first to protect freedom of expression.
Following independence from Britain, India created its draft constitution in 1948, which was the first document to grant Indians freedom of speech and expression. This right was reaffirmed in the 1949/50 Constitution. References: “Constitution of India.” 2015. CAD. June. https://www.constitutionofindia.net/historical_constitutions/the_constitution_of_india_bill__unknown__1895__1st%20January%201895#:~:text=The%20Constitution%20of%20India%20Bill%201895%2C%20also%20referred%20to%20as,albeit%20within%20the%20British%20Empire. English original text of the Draft Constitution of 1948, 652 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0011&id=4&men_tab=srchresults English original text of the Constitution of 1949, 39 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0012&id=6&men_tab=srchresults |
| Indonesia | Freedom of Expression | History | The 1964 Provisional Constitution of the Republic of Indonesia guaranteed freedom of expression to all in Article 19.
References: R.; Jones Supomo, Garth N., Translator. Provisional Constitution of the Republic of Indonesia (1964) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/proconindo0001&id=29&men_tab=srchresults |
| Iran | Freedom of Expression | History | Article 18 of the Supplementary Constitutional Law of 7 October 1907 reads: "The acquisition and study of arts, letters and sciences is free, except in so far as they are forbidden by the Sheri." Article 20 of the same document states: "All publications, except heretical works containing matter harmful to the religion of Islam, are free, and are exempt from
censureship. Whenever anything contrary to the law of the press is found in them, the publisher or author will be punished in accordance with that law. If the author is well known and resident in Persia, the publisher, printer and distributor shall be secured from any action being brought against them." References: Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults# |
| Iraq | Freedom of Expression | History | Article 12 of Iraq’s 1925 Constitution protected freedom of expression: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law”.
Article 38 of the 2005 Iraq Constitution states that "The State shall guarantee in a way that does not violate public order and morality ... [f]reedom of expression using all means" References: Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html https://www.constituteproject.org/constitution/Iraq_2005 |
| Israel | Freedom of Expression | History | Israel is one of the few countries in the world that lacks an official written constitution. Multiple attempts have been made as early as 1948 but none have successfully drafted and implemented a formal constitution. Instead, Israeli leaders enacted several pieces of legislation known as the Basic Laws, or Knessets, eleven of which have passed. This has led to multiple changes in “constitutional” legislature from the first Knesset in 1958 to the final two Basic Laws enacted in 1992. Interestingly enough, the Basic Laws that were typically considered to hold constitutional weight, weren’t formally entrenched as laws that supersede common legislature until 1995(2020).
Under these Basic Laws, there is no official guarantee of the protection of freedom of expression. Instead, the Israeli Supreme Court has largely dictated the extent of the right to freedom of expression (Levush, 2019). In Alan Levi And Yaheli Amit v. Southern District Police Commander (1984), the Supreme Court ruled that “The right of demonstration and procession is a fundamental human right in Israel. It is recognized along with free speech, or emanating therefrom - as belonging to the freedoms that characterize Israel as a democratic state.” However, there are limitations on the freedom of expression should any acts of expression “that constitutes incitement for racism, terrorism and violence; outrage to religious feelings; publication of false news causing fear and alarm; as well as expression of denial of the holocaust and praise for atrocities committed by the Nazis.” (Levush, 2019) Insults to public servants are also punishable by law and result in imprisonment for six months. Furthermore, it is expected that courts balance competing interests when discerning the extent to which the freedom of expression encroaches on other rights that embody the Israeli state(Levush, 2019). Sources: 2020. Knesset.gov.il. 2020. https://knesset.gov.il/constitution/ConstIntro_eng.htm. Levush, Ruth. 2019. “Limits on Freedom of Expression.” Maint.loc.gov. June 1, 2019. https://maint.loc.gov/law/help/freedom-expression/israel.php. “Israel 1958 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Israel_2013. Alevi, Alan, Yaheli Amit, Alan Levi, and D Levin. n.d. “393 Police Ordinance (New Version), 1971, Sections 83, 84 Press Ordinance.” Southern District Police Commander 1 P.D 38, no. 2: 1214. Accessed June 7, 2024. https://versa.cardozo.yu.edu/sites/default/files/upload/opinions/Levi%20v.%2 Southern%20District%20Police%20Commander_0.pdf. |
| Italy | Freedom of Expression | History | Italy first ratified the Constitution of the Italian Republic in 1947 and it was officially law on January 1, 1948. Article 2 expressly guarantees inviolable rights, including freedom of expression, to any person “both as an individual and in the social groups where human personality is expressed.” Article 21 addresses the freedom of expression in the first line, “Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication,” and includes the right for the press to be protected from authorisation and censorship. Article 21 also includes certain limitations of freedom of expression deeming “Publications, performances, and other exhibits offensive to public morality shall be prohibited,” and that measures to ensure this prohibition “shall be established by law.”
Sources: “Italy 1947 (Rev. 2012) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Italy_2012. |
| Ivory Coast | Freedom of Expression | History | According to the Preamble of the 1960 Constitution of the Republic of Cote d'Ivoire, "The People of Cote d'Ivoire proclaim their adherence to the principles of Democracy and of the Rights of Man, as they have been defined by the Declaration of the Rights of Man and of the Citizen of 1789, by the Universal Declaration of 1948, and as they are guaranteed by this Constitution." Articles 9 & 10 of the 2000 Constitution of the Republic of Cote d'Ivoire was more definitive. Article 9 held that: "The freedom of thought and of expression, notably the freedom of conscience, of religious or philosophical opinion are guaranteed to all, under reserve of respect of the law, of the rights of others, of the national security and of the public order." Article 10 was both explicit about freedom of expression: "Each has the right to express and to freely disseminate their ideas. All propaganda having for [its] object or for [its] effect to make one social group prevail over another, or to encourage racial or religious hatred is prohibited." This last prohibition on propaganda intended to divide groups with the society was very similar to a like prohibition in the 1960 Constitution.
References: English translation of the French original text of the Constitution of 1960 Title I: Of the State and of Sovereignty," Constitution of the Republic of Cote d'Ivoire 3 November 1960 (1960): 3-4. English translation of the French original text of the Constitution of 2000. "Chapter I: Of the Freedoms and of the Rights," Constitution of the Republic of Cote d'Ivoire 1 August 2000 (2000): 3-5 |
| Jamaica | Freedom of Expression | History | Article 22 of the 1960 Jamaica Constitution protects freedom of expression.
References: English original text of the Constitution of 1962 820 (2011) Chapter III: Fundamental Rights and Freedoms: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzjm0004&id=15&men_tab=srchresults |
| Japan | Freedom of Expression | History | Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association."
Article 21 of Japan's 1947 Constitution guaranteed the right more broadly: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed." References: 1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889 1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html |
| Jordan | Freedom of Expression | History | Jordan has had a single constitution for almost the entirety of their independence. The Constitution of the Hashemite Kingdom of Jordan was enacted in 1952 and in article 15 of Chapter 2 it states “The State shall guarantee freedom of opinion; and every Jordanian shall freely express his opinion by speech, writing, photography and the other means of expression, provided that he does not go beyond the limits of the law.”
Sources: “Jordan 1952 (Rev. 2016) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Jordan_2016. |
| Kazakhstan | Freedom of Expression | History | Article 10 of the 1993 Kazakhstan Constitution states: "A citizen of the Republic shall have the right to freedom of speech, creed and their free expression. Nobody can be forced to express his views or be persecuted for having convictions."
References: "The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 111 |
| Kenya | Freedom of Expression | History | Freedom of expression is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 23(1): "Except with his own consent, no. person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence."
Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of expression: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or (b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, pre- venting the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or (c) that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society." The language found in Articles 14(b) and 23(1) of the 1963 Constitutions is repeated in Articles 70 and 79(1) of the the 1969 Constitution. The language from 23(2) of the 1963 Constitution is also repeated in Article 79(2) of the 1969 Constitution, but further points are added to Article 79(2) of the 1969 Constitution. References: 1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf 1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1 |
| Kingdom of the Netherlands | Freedom of Expression | History | The Kingdom of the Netherlands gained its independence in 1813 and established their constitution in 1814. Article 7, Chapter 1 of the Constitution of the Kingdom of the Netherlands describes freedom of expression, No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law. Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast. No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals. The preceding paragraphs do not apply to commercial advertising.”
Sources: “Netherlands 1814 (Rev. 2008) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Netherlands_2008. |
| Kiribati | Freedom of Expression | History | Kiribati gained its independence in 1979 which led to the creation of the Constitution of Kiribati that same year. Chapter II guarantees the protection of different fundamental rights and freedoms with the “freedom of conscience, of expression and of assembly and association” being listed as the second line of fundamental rights.
Sources: “Kiribati 1979 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Kiribati_2013. |
| Kuwait | Freedom of Expression | History | Kuwait’s 1962 Constitution grants “freedom of opinion and scientific research” in Article 36. Prior Orders of Council did not explicitly grant these freedoms.
References: English original text of the Constitution of 1962, 13 (2009) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzkw0002&id=13&men_tab=srchresults |
| Kyrgyzstan | Freedom of Expression | History | According to Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Every person in the Kyrgyz Republic shall enjoy the right ... to free expression and dissemination of one's thoughts, ideas, opinions." Freedom of expression continues to be protected with Article 32 of the 2021 Constitution. However, it does prohibit “propaganda of national, racial, religious hatred, gender and other social superiority.”
References: 1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html English Translation of the Constitution of 2021, Adopted by the Referendum of 11 April 2021, 9 (2021) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzkg0041&id=9&men_tab=srchresults |
| Laos | Freedom of Expression | History | The 1991 Constitution of the Lao People’s Democratic Republic does not formally protect freedom of expression, but does grant the right to free speech and press in Article 31. This freedom was not stated in the original 1947 Constitution.
References: Constitution of the Lao People’s Democratic Republic, 40 (1991). |
| Latvia | Freedom of Expression | History | The earliest modern legal assertion of freedom of expression in Latvia can be traced to the amendments made in October 1998 to its Constitution (the Satversme), which was originally adopted in 1922 and reinstated on August 21, 1991, following Latvia's independence from Soviet control.
These 1998 amendments formally incorporated human rights protections, including freedom of expression, which were previously safeguarded under an interim Constitutional Law. Article 100 of the 1998 states: "Everyone has the right to freedom of expression, which includes the right to freely receive, keep, produce and disseminate information and to express his or her views. Censorship is prohibited." References: Jānis Pleps, "The Constitution of the Republic of Latvia: History and Modern Days," (Riga: University of Latvia, 2016), URL: https://tzpi.lu.lv/files/2016/05/Satversme_Pleps_angliski.pdf "Constitution of Latvia," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Latvia_2016 "Constitution of the Republic of Latvia." Saeima of the Republic of Latvia. Accessed June 5, 2024. https://www.saeima.lv/LapasEnglish/Constitution_Visa.htm#:~:text=100.,Censorship%20is%20prohibited |
| Lebanon | Freedom of Expression | History | The right to freedom of expression in Lebanon was initially asserted in the Lebanese Constitution adopted on May 23,1926, during the French Mandate following the dissolution of the Ottoman Empire after WWI. It continued to serve as the basis for the protection of civil liberties in the country post-independence (1943).
Article 13 of the 1926 Lebanese Constitution states: “The freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law.” References: "Lebanon 1926 (rev. 2004)," Constitute Project, accessed June 7, 2024, https://www.constituteproject.org/constitution/Lebanon_2004 |
| Lesotho | Freedom of Expression | History | Freedom of expression was asserted in the 1966 Lesotho Constitution, as well as in the 2010 Lesotho Constitution.
References: 1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737. 1993 Lesotho Constitution:https://www.constituteproject.org/constitution/Lesotho_2018. |
| Liberia | Freedom of Expression | History | Article 15 of Liberia’s 1847 Constitution first protected freedom of the press, but did not speak to other elements of freedom of expression. Article 15 of the 1984 Liberia Constitution outlines the right to freedom of expression. Article 15(a) defines the scope of the right: "Every person shall have the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution." Article 15(b) outlines the content of the right: "The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent."
References: 1847 Constitution of Liberia: https://crc.gov.lr/doc/CONSTITUTION%20OF%201847%20final.pdf 1984 Constitution of Liberia: "Schedule," Constitution of the Republic of Liberia https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzlr0001&id=4&men_tab=srchresults |
| Libya | Freedom of Expression | History | The concept of freedom of expression in Libya was formally recognized in the Constitutional Proclamation of 1969 following the coup that brought Muammar Gaddafi to power. Article 13 of the proclamation states: “Freedom of opinion is guaranteed within the limits of public interest and the principles of the Revolution.”
The Constitutional Declaration of 2011, following the fall of Gaddafi, more clearly and robustly asserts the right to freedom of expression. Article 14 of this declaration states: “The State shall guarantee freedom of opinion, individual and collective expression, research, communication, press, media, printing and editing, movement, assembly, demonstration and peaceful sit-in in accordance with the statute.” The declaration also guarantees the freedom to form political parties and civil societies, regulated by law (Article 15). References: "Libyan Constitution 1969," ConstitutionNet, accessed June 11, 2024, https://constitutionnet.org/sites/default/files/1969_-_libyan_constitution_english.pdf "Libyan Constitution 2011," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Libya_2011. |
| Liechtenstein | Freedom of Expression | History | Freedom of expression in Liechtenstein “ in writing, in print or graphically” was specified in Article 40 of the 1921 Constitution of the Principality of Liechtenstein, granting it “within the limits of the laws and of morality.”
References: Constitution of the Principality of Liechtenstein, 1921. British and Foreign State Papers (1932), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/Page?handle=hein.cow/zzli0006&id=5&collection=cow&index= |
| Lithuania | Freedom of Expression | History | Freedom of speech is guaranteed to all Lithuanian citizens in Article 16 of the 1928 Constitution of the Republic of Lithuania. Article 16 continues, limiting this freedom only “when it is essential to protect morality or State order.” Post-independence from the Soviet Union, Lithuania’s 1992 Constitution expands the explanation of freedom of expression in Article 25: Individuals shall have the right to have their own convictions and freely express them. Individuals must not be hindered from seeking, obtaining, or disseminating information or ideas. Freedom to express convictions, as well as to obtain and disseminate information, may not be restricted in any way other than as established by law, when it is necessary for the safeguard of the health, honour and dignity, private life, or morals of a person, or for the protection of constitutional order. Freedom to express convictions or impart information shall be incompatible with criminal actions - the instigation of national, racial, religious, or social hatred, violence, or discrimination, the dissemination of slander, or misinformation.” However, in Article 145 this right is permitted to be temporarily limited during a state of emergency or martial law, as seen enacted in 2022 when Russia invaded Ukraine.
References: Constitution of the Republic of Lithuania, 1928. British and Foreign State Papers (1932), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlt0064&i=3 Constitution of the Republic of Lithuania, 1992. Parliament (Seimas) (consulted 2011), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlt0061&i=1 U.S. Department of State. 2022 Country Reports on Human Rights Practices: Lithuania. (2022): https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/lithuania |
| Luxembourg | Freedom of Expression | History | Article 25 of the 1848 Constitution of the Grand Duchy of Luxembourg grants freedom of expression along with freedom of the press to Luxembourgers “except for the repression of the offenses committed on the occasion of the exercise of these freedoms.” This is continued in Luxembourg’s 1868 Constitution.
References: Constitution of the Grand Duchy of Luxembourg, 1848. HeinOnline (2013), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=244 Constitution of the Grand Duchy of Luxembourg, 1868. H.F. Wright (2019), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlu0013&i=1 |
| Madagascar | Freedom of Expression | History | According to the preamble of the 1959 Constitution of the Malagasy Republic, "freedom of speech, freedom of assembly, freedom of association and freedom to unionize shall be guaranteed under conditions stipulated by law"
References: 1959 Constitution of the Malagasy Republic: "Preamble," Constitution of the Malagasy Republic (1959): 1-4: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmg0017&id=4&men_tab=srchresults |
| Malawi | Freedom of Expression | History | According to the 1964 Constitution of Malawi, Article 20(1): “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication to be the public generally or to any person or class of persons) and freedom from interference with his correspondence.”
References: 1964 Malawi Constitution: http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf |
| Malaysia | Freedom of Expression | History | The 1957 Constitution of Malaysia declares in Article 10, Section 1(a) that "every citizen has the right to freedom of speech and expression." Article 10, Section 2(a) modifies this, stating: "Parliament may by law impose ... on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence".
References: 1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html |
| Maldives | Freedom of Expression | History | Articles 13 and 14 of the 1969 Constitution of the Republic of Maldives As Amended to 1975 are relevant to freedom of expression. Article 13 describes this right directly: "Every person has freedom of speech and expression of thought, orally and in writing, so long as the express provisions of Shariath and the law are not contravened." Article 14 is relevant to freedom of expression as well: "There exists freedom of acquiring knowledge and imparting it to others in
a manner that does not contravene Shariath or law." References: 1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723# |
| Mali | Freedom of Expression | History | In 1959, the Sudanese Republic joined with Senegal to create the Federation of Mali but the withdrawal of Senegal shortly thereafter led to the declaration of the Sudanese Republic as the Republic of Mali (2024). In 1960, the Constitution of the Republic of Mali (“Constitutional History of Mali) was enacted which guaranteed the affirmation of rights enshrined in the 1948 Universal Declaration of Human Rights in which Article 19 guarantees the “the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,”(United Nations, 1948).
Sources: 2024. Familysearch.org. 2024. https://www.familysearch.org/en/wiki/Mali_History#:~:text=French%20Sudan %20joined%20with%20Senegal. “Constitutional History of Mali.” n.d. ConstitutionNet. https://constitutionnet.org/country/africa-mali. “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 8, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzml0024&collection=cow. United Nations. 1948. “Universal Declaration of Human Rights.” https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translatio ns/eng.pdf. |
| Malta | Freedom of Expression | History | Following their independence from British rule in 1964, Malta enacted their first constitution as an independent republic(Malta - Countries - Office of the Historian, n.d). Chapter IV, Article 33 guarantees the “freedom of conscience, of expression and of peaceful assembly and association.”
Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzmt006 0&id=16&men_tab=srchresults. “Malta - Countries - Office of the Historian.” n.d. History.state.gov. https://history.state.gov/countries/malta. |
| Marshall Islands | Freedom of Expression | History | Article 2, Section 1(1) of the 1979 Constitution of the Republic of the Marshall Islands guarantees freedom of speech. Article 2, Section 1(2) describes conditions for exceptions to this rule: "Nothing in this Section shall be construed to invalidate reasonable restrictions imposed by law on the time, place, or manner of conduct, provided: (a) the restrictions are necessary to preserve public peace, order, health, or security or the rights or freedoms of others; (b) there exist no less restrictive means of doing so; and (c) the restrictions do not penalize conduct on the basis of disagreement with the ideas or beliefs expressed."
References: 1979 Constitution of the Republic of the Marshall Islands: https://rmiparliament.org/cms/constitution.html?showall=1 |
| Mauritania | Freedom of Expression | History | Since its independence in 1960, Mauritania has operated under various constitutions. Its first constitution was written in 1961 in the nation's then official language: French(Mauritanie, Constitution de 1961, 2024). The Islamic Republic of Mauritania Constitution does not explicitly and directly guarantee the right to freedom of expression. However, in the preamble the country proclaims itself to follow the principles of democracy and the rights outlined in the 1789 Declaration of Human Rights, otherwise known as The Declaration of the Rights of Man and Citizen. The French National Assembly asserts that “The unrestrained communication of thoughts and opinions being one of the most precious rights of man, every citizen may speak, write, and publish freely, provided he is responsible for the abuse of this liberty, in cases determined by law.” The previous section also addresses relative aspects of the freedom of expression by providing that “No man ought to be molested on account of his opinions, not even on account of his religious opinions, provided his avowal of them does not disturb the public order established by law.”
Sources: https://constitutionnet.org/sites/default/files/declaration_of_the_rights_of_man_1789.pdf “Mauritanie, Constitution de 1961, Digithèque MJP.” 2024. Univ-Perp.fr. 2024. https://mjp.univ-perp.fr/constit/mr1961.htm. Robert Earl Handloff. 1990. Mauritania. U.S. Government Printing Office. |
| Mauritius | Freedom of Expression | History | Section 3(b) of the 1968 Mauritius Independence Act, created at the independence of the state, mentinos freedom of expression along with freedom of conscience, assembly, and association. Section 12 elaborates on freedom of expression, specifying that it refers to the “freedom to hold opinions and impart ideas and information without interference.”
References: 1968 Mauritius Independence Act, 1968. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmu0005&i=18 |
| Mexico | Freedom of Expression | History | Mexico has had several constitutions throughout its history with the first, the Constitution of Apatzingán, being in 1814. In Chapter V, Article 40 of the Constitution of Apatzingán, citizens are guaranteed the right to express themselves and manifest their opinions. Sources: |
| Moldova | Freedom of Expression | History | The Moldovan constitutional history is somewhat complex considering its historical association with the Soviet Union as a constituent of the USSR. In 1941, the Moldavian Socialist Republic adopted their first official constitution based on the 1936 Soviet Constitution. In Chapter X, Article 125 of the 1936 Soviet Constitution guarantees citizens of the U.S.S.R. “Freedom of speech; Freedom of the Press; Freedom of assembly and holding mass meetings; Freedom of street processions and demonstrations.” These rights were likely to have been the earliest official assertion of rights and liberties in the Moldavian Socialist Republic Constitution .
Sources: “Constitutional History of Moldova.” n.d. ConstitutionNet. https://constitutionnet.org/country/moldova. Was not able to get a citation: https://www.marxists.org/history/ussr/government/constitution/1936/1936-constitution.pdf |
| Monaco | Freedom of Expression | History | In Monaco's original 1911 Constitution, Title II guaranteed several rights to be protected by the constitution. Article 10, Title II declares “Liberty of religion and of its public exercise, as well as freedom to express opinions on all matters, are guaranteed, except that offenses committed on the occasion of the use of these liberties may be suppressed.”
Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 7, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.beal/connat0 002&id=475&men_tab=srchresults. |
| Mongolia | Freedom of Expression | History | According to Chapter 1, Article 3(g) of the 1924 Constitution of the Mongolian People's Republic, "In order to secure for the toilers real freedom for the expression of their opinions, the Mongolian People's Republic organises the press and transfers it to the labouring people."
Article 85 of the 1940 Constitution of the Mongol People's Republic refers specifically to several freedoms associated with expression: "In conformity with the interests of the workers, and in order to develop and strengthen the state system of the Mongol People's Republic, citizens of the Mongol People's Republic are guaranteed by law: (1) Freedom of speech (2) Freedom of the press (3) Freedom of assembly and meetings (4) Freedom of street processions and demonstrations." Article 16, Section 16 of the 1992 Constitution of Mongolia states: "Freedom of thought, opinion and expression, speech, press, assembly and peaceful demonstration. Procedures for organizing demonstrations and other assemblies shall be determined by law." References: 1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults 1940 Constitution of the Mongol People's Republic: Peaslee Amos J. Constitutions of Nations. Concord, Rumford Press (1950). https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.beal/connat0002&id=494&men_tab=srchresults 1992 Constitution of Mongolia: "Chapter Two: Human Rights and Freedoms," VI. The Constitution of Mongolia (1992): 73-76 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmn0003&id=6&men_tab=srchresults |
| Montenegro | Freedom of Expression | History | The Principality of Montenegro’s 1905 Constitution states in Article 209 that “every Montenegrin citizen has the right, within the limits of the law, to manifest his ideas by speech, writing, the press, and engraving.” After the breakup of Yugoslavia, the 1992 Constitution of the now Republic of Montenegro in Article 34 specifies freedom of expression in terms of national identity, language, culture, affiliation, and opinion. Articles 67, 68, and 69 guarantee the right to express ethnic identity, language, and symbols. Further, Article 47 of the 2007 Constitution grants the “right to freedom of expression by speech, writing, picture or in some other manner. The right to freedom of expression may be limited only by the right of others to dignity, reputation and honor and if it threatens public morality or the security of Montenegro.”
References: Constitution of the Principality of Montenegro, 1905. H.F. Wright (1919). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0013&i=1 Constitution of the Republic of Montenegro, 1992. World Constitutions Illustrated, HeinOnline:https://heinonline.org/HOL/Page?handle=hein.cow/zzmb0008&id=11&collection=cow&index= Constitution of the Republic of Montenegro, 2007. Venice Commission (consulted 2017), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0017&i=1 |
| Morocco | Freedom of Expression | History | Morocco’s 1962 Constitution, which was adopted 6 years after its independence from France (ConstitutionNet), guarantees the right to all forms of freedom of expression in Article 9 and that there will be “no limitation in the exercise of these freedoms may be imposed except by law.” The 2011 Constitution resulting from the Arab Spring omits this limitation in its mention of freedom of expression in Article 25.
References: ConstitutionNet. Constitutional History of Morocco, (Accessed 7 June, 2024): https://constitutionnet.org/country/morocco Constitution of the Kingdom of Morocco, 1962. A.J. Peaslee and D.P. Xydis (1965), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzma0011&i=1 Constitution of the Kingdom of Morocco, 2011. HeinOnline (2011), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzma0046&i=1 |
| Mozambique | Freedom of Expression | History | Article 27 of the 1975 Constitution of Mozambique, adopted the year after its independence from Portugal, realizes the right to freedom of opinion, and Article 40 Section H sanctions the suspension of the right if necessary during a state of siege or emergency. The 1990 Constitution specifically mentions freedom of expression in Article 74 and amends the limitation clause to have the right regulated “based on the necessary respect for the Constitution, for the dignity of the human person, and for the mandates of foreign policy and national defense.” The 1990 Constitution keeps the same language of freedom of expression, but Articles 286 and 287 detailing the rights limited during a state of emergency does not mention freedom of expression.
References: Constitution of the People’s Republic of Mozambique, 1975. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0011&i=1 Constitution of Mozambique, 1990. AIM (1991). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0006&i=1 |
| Myanmar | Freedom of Expression | History | The 1935 Government of Burma Act mentions the right to freedom of speech in the Legislature in Article 27. The 1947 Constitution details freedom of expression in Article 17(i), though Article 28 states “The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be restricted or abrogated for the members of the Defence Forces or of the Forces charged with the maintenance of public order so as to ensure fulfillment of their duties and the maintenance of discipline.” Similar sentiment is echoed in the 2008 Constitution, giving citizens the right to freedom of expression “if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality.”
References: Government of Burma Act, 1935. HMSO (1935). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0015&i=1 Constitution of the Union of Burma, 1947: A.J. Peaslee (1950 and 1956), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0014&i=1 Constitution of the Republic of the Union of Myanmar, 2008. Ministry of Information (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0002&i=1 |
| Namibia | Freedom of Expression | History | Article 21 of the 1990 Constitution of the Republic of Namibia guarantees in Article 21 freedom of expression, speech, and media. The right can be limited however, without discrimination, in the interests of security, public order, morality, decency of Namibia.
References: Constitution of the Republic of Namibia, 1990. Government of Namibia (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=286 |
| Nauru | Freedom of Expression | History | The Constitution of Nauru, enacted in 1968 promises in Article 12 the freedom of expression and in Article 12 Section 3a only limits the right if it is “reasonably required” in the interests of public defense, safety, security, health, and morality.
References: Constitution of Nauru, 1968. Government of Nauru (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznr0001&i=1 |
| Nepal | Freedom of Expression | History | The 1948 Constitution of Nepal grants citizens the right to freedom of speech in Article 4. This was amended in the 1959 Constitution in Article 7a to freedom of speech and expression, and then amended again in the 2007 Interim Constitution of Nepal in Article 13 Section 3a to freedom of opinion and expression. The 2015 Constitution is consistent with the wording in 2007.
References: Constitution of Nepal, 1948. British and Foreign State Papers (1956), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0020&i=1 Constitution of the Kingdom of Nepal, 1959. Government, ConstitutionNet (consulted 2018), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0017&i=1 Interim Constitution of Nepal, 2007. Supreme Court, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0001&i=1 Constitution of Nepal, 2015. Embassy of Nepal to Germany (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0004&i=1 |
| New Zealand | Freedom of Expression | History | New Zealand does not have a written constitution, as stated by the Governor-General of New Zealand: “New Zealand's constitution is not found in one document. Instead, it has a number of sources, including crucial pieces of legislation, several legal documents, common law derived from court decisions as well as established constitutional practices known as conventions.” The Imperial Laws Application Act of 1988 incorporated British constitutional legislation created prior to colonization of New Zealand into New Zealand law. As such, the oldest mention of freedom of expression with this application appears in the British 1688 Bill of Rights referring to freedom of speech (Office of the Governor-General of New Zealand). It specifically stated as freedom of expression in Article 14 of New Zealand’s 1990 Bill of Rights, a distinguished and elevated constitutional document in the country (New Zealand Parliament, 30 June 2017). The 1987 Maori Language Act additionally details freedom of expression specifically in terms of Maori national identity and language.
References: Maori Language Act, 1987, Parliamentary Council Office (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0168&i=1 New Zealand Bill of Rights, 1688. Parliamentary Council Office (consulted 2013), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0255&i=1 New Zealand Bill of Rights Act, 1990. Parliamentary Council Office (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0133&i=1 New Zealand Parliament. “New Zealand’s First Constitution Act Passed 165 Years Ago,” 30 June 2017: https://www.parliament.nz/en/get-involved/features/new-zealand-s-first-constitution-act-passed-165-years-ago/ Office of the Governor-General of New Zealand. “New Zealand’s Constitution,” Accessed 7 June 2024: https://gg.govt.nz/office-governor-general/roles-and-functions-governor-general/constitutional-role/constitution/constitution |
| Nicaragua | Freedom of Expression | History | The 1826 Constitution of Nicaragua expresses in Article 29 that “freedom of speech, of writing and of the press, is one of the first and most sacred rights of Nicaraguans. The Law may not prohibit it, or subject it to prior censorship, for any cause or pretext.” The 1838 Constitution, enacted after Nicaragua became an independent republic, details freedom of expression in Article 29 with specific mention of citizens “being responsible before the law for abusing this liberty.” Article 21 of the 1974 Constitution, enacted after the Nicaraguan Revolution additionally grants freedom of expression, but with multiple limitations by law if necessary for national security, order, public health, and dignity, or for the national economy. The 1987 Constitution, which is Nicaragua’s most recent Constitution, protects freedom of expression in Article 30, and specifically indigenous cultural expression in Article 90. Article 186 states the freedoms which the government can suspend in a state of emergency; Article 90 can not be suspended but Article 30 is not mentioned.
References: Constitution of the State of Nicaragua, 1826. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0038&i=1 Political Constitution of the Free State of Nicaragua, 1838. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0040&i=1 Constitution of the Republic of Nicaragua, 1972. PAU/OAS, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0032&i=1 Political Constitution of the Republic of Nicaragua, 1987. National Assembly (1989), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0022&i=1 |
| Niger | Freedom of Expression | History | Niger’s 1959 Constitution following its independence from France does not have a section for rights, but states in the Preamble: “The People of Niger solemnly reaffirm their attachment to the principles of democracy and to the rights and liberties of man, specified in the Historical Declaration of 1789 and guaranteed by the Constitution of the Community.” This refers to the French Declaration of the Rights of Man and of the Citizen, which proclaims the freedom of opinion in Articles 10 and 11 of Lafayette’s original draft (American Battlefield Trust). The Declaration was later revised and completed most prominently by Emmanuel-Joseph Sieyes, but its emphasis on freedom of expression was maintained (Mark, 2022). The 1960 Constitution of Niger similarly states that the rights professed in the Declaration of the Rights of Man and of the Citizen are protected in its Constitution. The 1989 Constitution, however, does gain a section for rights and protects opinion, thought, and expression “exercised within respect for the laws and regulations in force” in Article 13. The 1992 Constitution changes this part slightly and protects expression “exercised within respect for the public order, for social peace, and for national unity” in Article 24.
References: Constitution of Niger, 1959. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0010&i=1 Constitution of Niger, 1989. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0013&i=1 Constitution of Niger, 1992. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0014&i=1 Lafayette's Draft of the Declaration of the Rights of Man and of the Citizen. American Battlefield Trust, Accessed 7 June 2024: https://www.battlefields.org/learn/primary-sources/lafayettes-draft-declaration-rights-man-and-citizen Mark, Harrison. “Declaration of the Rights of Man and of the Citizen” World History Encyclopedia, 8 June, 2022: https://www.worldhistory.org/article/2012/declaration-of-the-rights-of-man-and-of-the-citize/ “The text of the Declaration of the Rights of Man and of the Citizen, written in 1789, translated into English.” Digital Public Library of America, Accessed 7 June, 2024: https://dp.la/primary-source-sets/declaration-of-the-rights-of-man-and-of-the-citizen/sources/889 |
| Nigeria | Freedom of Expression | History | Article 24 of the 1960 Constitution of Nigeria, created after its independence, entitles citizens to the right of freedom of expression. Section 2a of this Article states that this freedom can only be limited if it is “reasonably justifiable” in “the interest of defense, public safety, public order, public morality or public health.” This wording is consistent through Nigeria’s 1999 Constitution.
References: Constitution of Federation of Nigeria, 1960. National Assembly (2010), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0011&i=1 Constitution of the Federal Republic of Nigeria, 1999. Comparative Constitutions Project (2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0020&i=1 |
| North Korea | Freedom of Expression | History | Article 13 of North Korea’s 1948 Constitution grants citizens “freedom of opinion, publication, assembly, and freedom to form associations, or participate in public demonstrations” and the freedom to join a variety of social, political, and economic organizations.
References: Constitution of the Democratic People’s Republic of Korea, 1948. Central Intelligence Agency (1951), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=310 |
| North Macedonia | Freedom of Expression | History | The 1991 Constitution of the Republic of Macedonia, enacted after the breakup of Yugoslavia, protects the “free expression of national identity” in Article 8 and free thought and public expression in Article 16.
References: Constitution of the Republic of Macedonia, 1991. Government of North Macedonia (1991), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmk0010&i=1 |
| Norway | Freedom of Expression | History | Article 100 of Norway’s 1814 Constitution states, “It is allowed everybody freely to deliver his opinions of government or any other subject.” Nearly 200 years later in 2004, Article 100 was amended and lengthened providing an elaborate definition of freedom of expression:
“There shall be freedom of expression. No one may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual's freedom to form opinions. Such legal liability shall be prescribed by law. Everyone shall be free to speak their mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression.” According to the Norwegian Commission for Freedom of Expression Report, the new Article 100 was “built on the legal developments associated with Article 10 of the European Human Rights Convention (ECHR).” References: Rieber-Mohn, Thomas. “Proposed Amendments to Article 100 of the Norwegian Constitution (Freedom of Expression)” IRIS Merlin (2004): https://merlin.obs.coe.int/article/3198 Norwegian Commission for Freedom of Expression Report, 2022. Norwegian Ministry of Culture and Equality: https://www.regjeringen.no/contentassets/753af2a75c21435795cd21bc86faeb2d/en-gb/pdfs/nou202220220009000engpdfs.pdf Constitution of the Kingdom of Norway, 1814. Norwegian Government (1814), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=312 |
| Oman | Freedom of Expression | History | The 1996 Basic Statute of the State of Oman guarantees the freedom of expression and opinion through a variety of methods including oral and written within the limits of the law. The state of emergency provisions of the Statute does not mention any limitations of freedom of expression.
References: Basic Statute of the State of Oman, 1996. Government of Oman, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzom0002&i=1 |
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| Palau | Freedom of Expression | History | Palau’s 1981 Constitution was enacted prior to its termination as part of the Trust Territory of the Pacific Islands administered by the United States. In Article 4 Section 2 of the Constitution, freedom of expression and press are protected. The Article goes on to specify that “No bona fide reporter may be required by the government to divulge or be jailed for refusal to divulge information obtained in the course of a professional investigation.” The 1981 Constitution and its rights provisions were maintained when Palau became independent and known as the Republic of Palau.
References: Republic of Palau. U.S. Department of the Interior, Accessed 7 June 2024: https://www.doi.gov/oia/islands/palau Constitution of the Republic of Palau, 1981. Senate, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzpu0001&i=1 |
| Panama | Freedom of Expression | History | The state of Panama has had four separate governing constitutions with the first one being enacted in 1904. Title III, Section 27 of the 1904 Constitution of the Republic of Panama states, “Every person may freely express his opinion, either orally or in writing, by means of the press, or by any other process, without being first subject to censorship, provided always that he refers to the official acts of public functionaries.” Section 27 also recognizes that individuals will incur legal responsibility should “the honor of persons [be] assailed by any of these means.”
Sources: “Historical Documents - Office of the Historian.” 2024. State.gov. 2024. https://history.state.gov/historicaldocuments/frus1904/d550. |
| Papua New Guinea | Freedom of Expression | History | Papua New Guinea officially enacted their constitution in 1975. Within this constitution, a section titled, “Basic Rights,” officially affords individuals the “freedom of conscience, of expression, of information and of assembly and association.” The freedom of expression, along with the other enumerated rights listed, are not limited on the basis of “race, tribe, places of origin, political opinion, colour, creed or sex.”
Sources: “University of Minnesota Human Rights Library.” n.d. Hrlibrary.umn.edu. Accessed June 7, 2024. http://hrlibrary.umn.edu/research/newguinea-constitution.html. “Papua New Guinea 1975 (Rev. 2016) Constitution - Constitute.” n.d. www.constituteproject.org. https://www.constituteproject.org/constitution/Papua_New_Guinea_2016. |
| Paraguay | Freedom of Expression | History | Article 18 of the 1870 Constitution of Paraguay includes a reference to the right of inhabitants of Paraguay "to teach and to learn", and Article 23 protects "Private acts, which in no way affect public order or morals or do wrong to third parties." Article 72 of the 1967 Constitution of Paraguay offered an explicit guarantee of freedom of expression in peacetime.
References: English Translation of the Spanish Original Text of the Constitution of 1870 4-5 (2022) Chapter II: Rights and Guarantees: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0009&id=5&men_tab=srchresults English Translation of the Spanish Original Text of the Constitution of 1967 10 (2022) Section 1: Individual Rights: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0027&id=12&men_tab=srchresults |
| Peru | Freedom of Expression | History | Peru has classified 12 separate documents as constitutions throughout its history. The first was drafted in 1823 but was never officially put into effect and only two have lasted more than 20 years. The first explicit assertion of the right to freedom of expression was illustrated in Section CLIII, Title IX - General Dispositions of the 1928 Political Constitution of the Peruvian Republic, “All may communicate their thoughts verbally, or in writing, and publish them by means of the Press, without previous censorship, but under the responsibility which the Law may determine.”
Article 2 of the 1993 Constitution of Peru asserts the right of every person "To freedom of information, opinion, expression, and dissemination of thought, whether oral, written, or in images, through any medium of social communication, and without previous authorization, censorship, or impediment, under penalty of law." References: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=co w&handle=hein.cow/bfsprs0016&id=984. “Peru, Constitutions Encyclopedia.com.” n.d. Www.encyclopedia.com. Accessed June 7, 2024. https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts and-maps/peru-constitutions. https://www.constituteproject.org/constitution/Peru_2021?lang=en. |
| Philippines | Freedom of Expression | History | The Philippines has had six different governing constitutions since their proclamation of independence in 1898. The first constitution was put into effect in 1899 and is commonly known as the Malolos Constitution(Constitution Day GOVPH n.d). Article 20 guarantees any Filipino the “the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means.” It is also important to note the succeeding statement in Article 21, “The exercise of the rights provided for in the preceding article shall be subject to general provisions regulating the same.” Article 4, Section 9 of the Republic of the Philippines 1973 Constitution contains the first assertion of freedom of speech in the country’s independent history.
Sources: “Constitution Day GOVPH.” n.d. Official Gazette of the Republic of the Philippines. https://www.officialgazette.gov.ph/constitutions/constitution-day/#:~:text=Th %20Philippines%20has%20had%20a. “899 CONSTITUTION of the REPUBLIC of the PHILIPPINES (the MALOLOS CONSTITUTION).” n.d. Accessed June 7, 2024. https://www.chanrobles.com/PDF.LAWS/1899%20CONSTITUTION%20OF %20THE%20REPUBLIC%20OF%20THE%20PHILIPPINES.pdf. “1973 Constitution of the Republic of the Philippines.” Official Gazette of the Philippines. Accessed July 17, 2023. https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-2/ |
| Poland | Freedom of Expression | History | The Constitution of 1997 was the first document to protect freedom of expression in the present-day Republic of Poland, with Article 54 specifically outlining the right. Article 54 of the 1997 Constitution of Poland states: "The freedom to express opinions, to acquire and to disseminate information shall be ensured to everyone.” That said, past Polish governments have protected this right through a variety of legal documents, the earliest being the 1921 Constitution of the Republic of Poland.
Article 104 of the 1921 constitution states: “Every citizen has the right to express his ideas and opinions freely, provided that in so doing he does not violate the law.” Article 105 of the same further stipulates: “Liberty of the Press is guaranteed. The Press shall not be subject to censorship and shall not be subsidized…” Article 5 of the 1935 constitution reaffirms this right: “(2) The State assures its citizens the possibility of developing their personal capabilities, as also liberty of conscience, speech, and assembly. (3) The limit of these liberties is the common good.”
“Constitution of the Republic of Poland, March 17 1921.” Sejm of the Republic of Poland. Accessed July 17, 2023. http://libr.sejm.gov.pl/tek01/txt/kpol/e1921.html “Constitution of the Republic of Poland of 2nd April, 1997.” Sejm of the Republic of Poland. Accessed July 17, 2023. https://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm “Poland 1997,” Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Poland_1997 “The Polish Republic,” HeinOnline, accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.77) “Constitution of the Republic of Poland (April 23rd, 1935)”. HeinOnline. Accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.12) |
| Portugal | Freedom of Expression | History | Article 37 of Portugal’s 1976 Constitution is the first assertion of freedom of expression in the present-day Portuguese Republic. It provides: "Everyone shall possess the right to freely express and publicize his thoughts in words, images or by any other means, as well as the right to inform others, inform himself, and be informed without hindrance or discrimination."
Other Portuguese governments have also protected this right, with its earliest assertion found in Article 145(3) of the Kingdom of Portugal’s 1822 Constitution. The 1911 constitution also upheld this principle, providing in Article 3(14) that “Liberty of conscience and creed is inviolable.” Sub article 13 of the same stipulates, “The expression of thought in any form whatever is completely free, and not dependent upon the previous giving of security, submission to censure, or the obtaining of previous authorization, but the abuse of this privilege is punishable in the cases and in the manner prescribed by the law.”
“Constitution of the Portuguese Republic.” University of Minnesota Human Rights Library. Accessed July 17. http://hrlibrary.umn.edu/research/portugal-constitution.html “Constitution of the Republic of Portugal—Lisbon, August 21, 1911.” HeinOnline, accessed on June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p. 767) “Portugal 1976 (rev. 2005).” Constitute Project. Accessed June 7, 2024. https://www.constituteproject.org/constitution/Portugal_2005 |
| Qatar | Freedom of Expression | History | Qatar's first formal assertion of freedom of expression is relatively recent compared to many other nations. It was included in the Permanent Constitution of Qatar, which was approved in a public referendum in 2003 and adopted on June 8, 2004.
The constitution was part of broader reforms initiated by the Emir of Qatar to modernize the state and its institutions. This included greater political freedoms, though within the context of a conservative Gulf monarchy. Article 47 of the Qatari Constitution states: “ Freedom of expression of opinion and scientific research is guaranteed in accordance with the conditions and circumstances set forth in the law.” Article 48 adds: "Freedom of the press, printing and publication shall be guaranteed in accordance with the law." Article 50: “Freedom to practice religious rites shall be guaranteed to all persons in accordance with the law and the requirements of the maintenance of public order and morality.”
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| Republic of Ireland | Freedom of Expression | History | The right to freedom of expression in Ireland was formally asserted in the Irish Free State Constitution of 1922, following its independence from the UK, and later enshrined in the Constitution of Ireland (Bunreacht na hÉireann) in 1937.
Article 9 of the 1922 Constitution states, “The freedom of expression of opinion as well as the right to assemble peaceably and without arms, and to form associations or unions is guaranteed for purposes not opposed to public morality…” without discrimination on the basis of political orientation, religion, or class. Article 40.6.1° of the 1937 Constitution also provides, “The State guarantees liberty for the exercise of the following rights, subject to public order and morality: i. The right of the citizens to express freely their convictions and opinions.” References: "Constitution of the Irish Free State (Saorstát Eireann) Act, 1922," Irish Statute Book, accessed June 11, 2024, https://www.irishstatutebook.ie/eli/1922/act/1/enacted/en/print#:~:text=AN%20ACT%20TO%20ENACT%20A,6TH%20DAY%20OF%20DECEMBER%2C%201921 “Constitution of Ireland.”, Irish Statute Book, last updated 2020. Accessed June 7, 2024. https://www.irishstatutebook.ie/eli/cons/en/html#part13 |
| Republic of the Congo | Freedom of Expression | History | The right to freedom of expression in the Republic of the Congo was formally asserted in the Constitution adopted shortly after gaining independence from France on August 15, 1960.
Article 9 of the 1963 constitution states, “No one may be incommodated because of his opinions in so long as their manifestation does not disturb the public order established as law. Free communication of thought and opinion shall be exercised by word and the press subject to respect for the laws and regulations”. Article 19 of the 2001 constitution also provides, “Any citizen has the right to express and to freely diffuse his opinion by words, in writing, by images or all other mean of communication…Censorship is prohibited.” Article 25 of the 2015 guarantees freedom of expression. The article also expressly prohibits government censorship of the free media. References: “Constitution of the Republic of the Congo (Brazzaville).” HeinOnline. Accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.86) “Congo (Republic of the) 2001.” Constitute Project. Accessed June 13, 2024. https://www.constituteproject.org/constitution/Congo_2001.
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| Romania | Freedom of Expression | History | Freedom of expression was first protected by Romania’s current semi-presidential regime through Article 30 of the country’s 1991 Constitution. Article 30 of the 1991 constitution reads, "(1) The freedom to express ideas, opinions, and beliefs and the freedom of creation of any kind — orally, in writing, through images, by means of sound, or by any other means of public communication — are inviolable. (2) Censorship of any kind is prohibited."
However, the right was first protected in the land when it was known as the Kingdom of Romania through the 1866 Constitution. It was also asserted in the 1923 constitution, which was influenced by democratic principles following World War I. Article 5 of this constitution states, “Romanians, irrespective of ethnic origin, language or religion, shall enjoy freedom of conscience, freedom of education, freedom of the press, freedom of assembly, freedom of association and all freedoms and rights established by law”. References: “Constitution of 30 June/12 July 1866, as Amended 13/25 October 1876 and 8/20 June 1884.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.cow/stwar0001&i=525 “The Constitution of Romania.” President of Romania. Accessed July 17, 2023. https://www.presidency.ro/en/the-constitution-of-romania “Constitution of 1923.” Royal House of Romania Hohenzollern-Sigmaringen Accessed June 7, 2024. https://www.royalhouseofromaniahohenzollern-sigmaringen.com/text-constitution-of-1923.
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| Russia | Freedom of Expression | History | Article 29 of the 1993 Constitution of the Russian Federation is the first assertion of freedom of expression in the country’s independent history. It provides: “1. Everyone shall be guaranteed the freedom of thought and speech. 2. Propaganda or agitation, which arouses social, racial, national, or religious hatred or hostility shall be prohibited. Propoganda of social, racial, national, religious, or linguistic supremacy shall also be prohibited. 3. Nobody shall be forced to express his thoughts and convictions or to deny them. 4. Everyone has the right to freely seek, receive, transmit, produce, and disseminate information by any legal means. The list of information, which constitute State secrets, shall be determined by federal law."
That said, under the Russian Socialist Soviet Republic this right was articulated as early as 1923 through the Constitution (Basic Law) of the Union of Soviet Socialist Republics.
“Constitution of the Russian Federation.” University of Minnesota Human Rights Library. Accessed July 17, 2023. http://hrlibrary.umn.edu/research/constitution-russia.html “Constitution (Basic Law) of the Union of Soviet Socialist Republics, 1923/24.” World Constitutions Illustrated, Heinonline. Accessed July 17, 2023. https://heinonline.org/HOL/P?h=hein.journals/intcon5&i=426 “Russian Federation 1993 (rev. 2014)”. Constitute Project Accessed June 7, 2024. https://www.constituteproject.org/constitution/Russia_2014#s166. |
| Rwanda | Freedom of Expression | History | Freedom of expression is first mentioned in Article 18 of Rwanda’s first constitution, which entered into law in 1962. However, the document does place limits on the right in accordance with other laws, public security, and the honor of others.
A more explicit and internationally aligned assertion came with the post-genocide Constitution of 2003. Article 37 of the Rwandan Constitution of 2003 states: "Freedom of thought, conscience, religion, worship and public manifestation thereof is guaranteed by the State in accordance with the law." References: “Constitution de la République Rwandaise.” Library of Congress. Accessed July 10, 2023. https://www.loc.gov/item/2008700213/#:~:text=Summary,from%20the%20neighboring%20Belgian%20Congo. "Rwanda 2003 (rev. 2015) Constitution," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Rwanda_2015. |
| Saint Kitts and Nevis | Freedom of Expression | History | The Constitution of St. Kitts and Nevis, adopted in 1983, first protected freedom of expression in its 12th amendment. The section also stipulates that this right can be limited as “reasonably required” for a variety of public interests. “The Constitution of Saint Christopher and Nevis.” The Government of St. Kitts and Nevis. Accessed July 10, 2023. https://www.gov.kn/the-constitution/ |
| Saint Lucia | Freedom of Expression | History | St. Lucia first protected freedom of expression in the preamble as well as the 1st and 10th articles of its 1978 Constitution. Article 10 lists several exceptions to the right, including public interests and the protection of the rights of others. “Saint Lucia 1978.” Constitute. Accessed July 10, 2023. https://www.constituteproject.org/constitution/St_Lucia_1978 |
| Saint Vincent and the Grenadines | Freedom of Expression | History | Adopted in 1979, the Constitution of St. Vincent and the Grenadines is the first document in the country’s history to protect freedom of expression. This right is specifically mentioned in Article 1(b). “Saint Vincent and the Grenadines 1979.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/St_Vincent_and_the_Grenadines_1979 |
| Samoa | Freedom of Expression | History | Article 13(1)(a) of Samoa’s 1962 Constitution is the first assertion of freedom of expression in the country’s history. The article also states that this right can be limited for various reasons including public interests and national security. “Samos’s Constitution of 1962 with Amendments through 2017.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Samoa_2017.pdf?lang=en |
| San Marino | Freedom of Expression | History | Freedom of expression was first protected by Article 6 of San Marino Law 59, adopted in 1974. Also known as the Declaration of Citizen Rights, this legislation only allows for the limitation of this right in exceptional cases or to uphold public interests. “Decreto 8 luglio 2002 n. 79 Repubblica di San Marino.” FAO. Accessed July 11, 2023. https://www.fao.org/faolex/results/details/es/c/LEX-FAOC127860/ |
| Saudi Arabia | Freedom of Expression | History | Freedom of expression is not protected by any legal measures in Saudi Arabia. Expression itself is only mentioned in Article 39 of the Basic Law of Governance, adopted in 1992. It states that “mass media and all other vehicles of expression shall employ civil and polite language, contribute towards the education of the nation and strengthen unity. It is prohibited to commit acts leading to disorder and division, affecting the security of the state and its public relations, or undermining human dignity and rights.” “Basic Law of Governance.” The Embassy of the Kingdom of Saudi Arabia. Accessed July 11, 2023. https://www.saudiembassy.net/basic-law-governance |
| Senegal | Freedom of Expression | History | Freedom of expression was first mentioned in Article 4 of Senegal’s 1959 Constitution. However, as a part of the Mali Federation, the right was guaranteed by the 1959 Constitution of the Mali Federation.
“Constitution de la Federation du Mali 1959.” World Constitutions Illustrated, HeinOnline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsn0015&i=1 “Constitution of the Republic of Senegal 24 January 1959.” World Constitutions Illustrated, Heinonline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsn0033&i=4 |
| Serbia | Freedom of Expression | History | Article 46 of the 2006 Serbian Constitution is the first assertion of freedom of expression in the Republic of Serbia as it is known today. That said, the right has been protected in other historical documents that governed the land prior to the present-day regime; these include the Constitution of the Principality of Serbia (1869) and the Constitution of the Federal Republic of Yugoslavia (1992).
“Constitution de la Principauté de Serbie.” World Constitutions Illustrated, Heinonline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzcs0005&i=1 “Constitution of the Federal Republic of Yugoslavia.” Refworld. Accessed July 11, 2023. https://www.refworld.org/docid/3ae6b54e10.html “Serbia’s Constitution of 2006.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Serbia_2006.pdf?lang=en |
| Seychelles | Freedom of Expression | History | Freedom of expression was first protected under Article 21 of the Seychelles Independence Constitution of 1976. The section stipulates that this right can be limited for the purposes of public interests and protection of the rights of others. “Seychelles Independence Constitution 1976.” Citizenship Rights Africa. Accessed June 12, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Seychelles-Independence-Constitution-1976.pdf |
| Sierra Leone | Freedom of Expression | History | Article 21 of the 1961 Constitution of Sierra Leone contains the first assertion of freedom of expression in the country’s independent history. The Article also allows limitations on this right for the protection of public interests and other rights of individuals. “Constitution of Sierra Leone.” World Constitutions Illustrated, Heinonline. Accessed Jlu 14, 2023. https://heinonline-org.offcampus.lib.washington.edu/HOL/COWShow?collection=cow&cow_id=366#:~:text=Unattributed%20%5Bundated%5D%20%2D%20English |
| Singapore | Freedom of Expression | History | Freedom of expression was first asserted in Article 14(1) of Singapore’s 1963 Constitution. The right is subject to limitations on the grounds of security, public interest, and more. “Singapore 1963 (rev. 2016).” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Singapore_2016?lang=en |
| Slovakia | Freedom of Expression | History | The Constitution of the Slovak Republic was the first document in the country’s independent history to protect freedom of expression. This right was specifically expressed in Article 26, which also allows for limitations on expression as “necessary in a democratic society.” “Slovakia’s Constitution of 1992 with Amendments through 2017.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Slovakia_2017.pdf?lang=en |
| Slovenia | Freedom of Expression | History | Freedom of expression was first asserted in an independent Slovenia under its Constitution of 1991. Article 39 of the document specifically outlines this right. “Slovenia’s Constitution of 1991 with Amendments through 2013.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Slovenia_2013.pdf |
| Solomon Islands | Freedom of Expression | History | The Solomon Islands’ Constitution of 1978 was the first document in the country’s independent history to protect freedom of expression. Article 12 specifically defines this right and its limitations related to public interests. “Solomon Islands 1978 (rev. 2018).” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Solomon_Islands_2018 |
| Somalia | Freedom of Expression | History | The Constitution of the Somali Republic, adopted in 1960, is the first assertion of freedom of expression in the country’s history. The right was specifically outlined in Article 28, which also defined limitations as “prescribed by law for the purpose of safeguarding morals and public security.” “The Constitution of the Somali Republic.” Citizenship Rights Africa. Accessed July 13, 2023, http://citizenshiprightsafrica.org/wp-content/uploads/2020/10/Somalia-Constitution-1960.pdf |
| South Africa | Freedom of Expression | History | Freedom of expression was first protected under South Africa’s Interim Constitution of 1993. Article 15(1) specifically defines the right. “Constitution of the Republic of South Africa Act 200 of 1993 [repealed].” Government of South Africa. Accessed July 13, 2023. https://www.gov.za/documents/constitution/constitution-republic-south-africa-act-200-1993#Fundamental%20Rights |
| South Korea | Freedom of Expression | History | Article 21 of South Korea’s 1948 Constitution is the first assertion of freedom of speech in the country’s independent history. The law also states that the right may not be expressed in a way that violates the honor of others or undermines morals and ethics. “Korea (Republic of) 1948 (rev. 1987).” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Republic_of_Korea_1987 |
| South Sudan | Freedom of Expression | History | Article 24 of South Sudan’s 2011 Constitution is the first assertion of freedom of expression in the country’s independent history. That said, the South Sudanese people were granted this right in 1973 through the Permanent Constitution of Sudan before their country seceded from the Republic of Sudan.
“The Permanent Constitution of the Sudan.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsd0013&i=1 “South Sudan 2011 (rev. 2013).” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/South_Sudan_2013 |
| Spain | Freedom of Expression | History | Article 17 of the Spanish Constitution of 1869 was the first specific assertion of freedom of expression in the country’s history. However, Spaniards were granted a form of this right, the freedom to print and publish their ideas, in the Constitution of 1837.
“Spain Constitution of 1869 - Translated by Luis Francisco Valle Velasco.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzes0128&i=1 “Spain’s Constitution of 1837.” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/Spain_1837.pdf?lang=en |
| Sri Lanka | Freedom of Expression | History | Freedom of expression was first protected in Sri Lanka’s 1973 Constitution. Article 18 (1)(g) specifically defines this right, as well as some limitations to it based on public interests. “Constitution of Sri Lanka (Ceylon).” The Parliament of Sri Lanka. Accessed July 13, 2023. https://www.parliament.lk/files/ca/4.%20The%20Constitution%20of%20Sri%20Lanka%20%20-%20%201972%20(Article%20105%20%E2%80%93134)%20Chapter%20XIII.pdf |
| Sudan | Freedom of Expression | History | Sudan’s Constitution of 1973 is the first document to protect freedom of expression in the country’s history. Article 48 specifically defines the right. “The Permanent Constitution of the Sudan.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsd0013&i=1 |
| Suriname | Freedom of Expression | History | Suriname’s Constitution of 1987 establishes freedom of expression. Article 19 specifically outlines the right. “Suriname 1987 (rev. 1992).” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/Surinam_1992 |
| Sweden | Freedom of Expression | History | Freedom of expression was first specifically asserted in Sweden through Article 1 of the Fundamental Law on Freedom of Expression, adopted in 1991. However, freedom of the press, and thus expression through writing, has existed in the country since the adoption of the Freedom of Print Act in 1776.
“Fundamental Law on Freedom of Expression.” Sveriges Riksdag. Accessed July 12, 2023. https://www.riksdagen.se/globalassets/05.-sa-fungerar-riksdagen/demokrati/the-fundamental-law-on-freedom-of-expression.pdf Nordin, Jonas. “The Swedish Freedom of Print Act of 1776 - Background and Significance.” Journal of International Media and Entertainment Law 7, no. 2 (2018): 137-144. https://www.swlaw.edu/sites/default/files/2018-04/Nordin%20Pages%20from%207.2%20FULL%20v7%20%284_13_18%29_.pdf |
| Switzerland | Freedom of Expression | History | Article 16 of Switzerland’s 1999 Constitution is the first explicit assertion of freedom of expression in the country’s history. However, prior to the adoption of that document, the Swiss Federal Tribunal recognized the right as an unwritten fundamental liberty.
Hertig Randall, Maya. “The Swiss Federal Bill of Rights in the Context of International Human Rights Protection: Added Value and Shortcomings.” Revue Interdisciplinaire d'Études Juridiques, 77 no. 2 (2016): 151-177. https://www.cairn.info/revue-interdisciplinaire-d-etudes-juridiques-2016-2-page-151.htm#re25no25 “Switzerland’s Constitution of 1999 with Amendments through 2014.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Switzerland_2014.pdf?lang=en |
| Syria | Freedom of Expression | History | The Syrian Constitution of 1930 was the first document to protect freedom of expression in the country’s history. Article 16 specifically outlined the right and stated that it was “subject to the provisions of the law.” “Syria Constitution (1930).” World Statesmen. Accessed July 13, 2023. https://www.worldstatesmen.org/Syria-Constitution1930.docx |
| São Tomé and Príncipe | Freedom of Expression | History | São Tomé and Príncipe’s 1975 Constitution is the first legal document in the country’s history to protect freedom of expression. Article 29 specifically outlines this right. “São Tomé and Príncipe Constitution of 1975 with Amendments through 2003.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_2003.pdf?lang=en |
| Tajikistan | Freedom of Expression | History | Article 30 of Tajikistan’s constitution guarantees freedom of speech and prohibits state censorship, while Article 40 guarantees the right to freely create. The document was first adopted in 1994; however, as citizens of a Soviet Republic in the 1980s, the people of Tajikistan were granted some freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies prior to independence.
“Constitution of the Republic of Tajikistan.” General Prosecutor’s Office of the Republic of Tajikistan. Accessed June 26, 2023. https://www.prokuratura.tj/en/legislation/the-constitution-of-the-republic-of-tajikistan.html “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html |
| Tanzania | Freedom of Expression | History | Freedom of expression is initially mentioned in the Second Schedule of Tanzania’s first constitution. The document was established in 1961 after the country gained independence from the United Kingdom. “The Tanganyika (Constitution) Order in Council, 1961.” Citizenship Rights Africa. Accessed June 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2016/08/Tanganyika-Constitution-Order-in-Council-1961-SI-2274.pdf |
| Thailand | Freedom of Expression | History | Thailand’s 1932 constitution was the first document in the state’s history to protect freedom of speech. Article 14 guaranteed this right, though it was “subject to the provisions of the law.” “Thailand Constitution 1932.” Bloomsbury Professional. Accessed June 28, 2023. https://media.bloomsburyprofessional.com/rep/files/thailand-constitution-1932-december.pdf |
| The Bahamas | Freedom of Expression | History | In The Bahamas Freedom of expression in the 23rd article of the third chapter of the constitution. The constitution signed into law in July of 1973 has remained the ruling doctrine ever since. “The Bahamas Constitution.” The Constitution of the Commonwealth of the Bahamas - Government - Details. Last modified 1973. Accessed September 14, 2022. https://www.bahamas.gov.bs/wps/portal/public/About%20The%20Bahamas/Constitution/!ut/p/b1/vVPLdqJAEP2WfMCEbugHLDvyEJXmjcCGoxjBR4MKavDrx8zMIplzJtlM0r3q07fqVt1bJeVSKuXN4rKpFv2mbRb713dOCgVYDmNIdSwMCLBjb8Y8OpZdiO-A7AMAAr_jLRc5xv3bNUcM2NBAY8XXFRACaS6lUSa_6J1dWXawPvjdlgUHmyQ1X-n2eXaGm8pDvWAjXngpfomxq0HlXHal4CdhWEorGw2hKaZN88RCoybHS83j56ZuT5d9lEZDuH7BnXIaYx5TS8jVFKXzOnPYygfE6IrjVQSJmFomrxVe50cnSkvNxEPVHkjdreJzTzLjDLq9eTTzJVi6bao6qfYMnnD18PCnf_CPw8Bn-k2kfLMUj9dSPIJHqEAKZUgRpVTDGJK7PPmHGabyJ4BXB34BPigxuwPomwxRAu4mARaE0Acqh1IkpQAV4XY42LfdLdiCq8xnJXD0wIM7AKNomfDIGhw-4eEpcGAMbmGUT5ybD7tdNfQ88lZJED8xnS1gfPmb0JUj7U44gmQa4_tQoK8mtLCr3jWikcewDCwXfjeh8q2SWp4LvrzDd0OD_P_v4btNUTUCMVWRphKAkEqlZJshqqv2VbejYtT240WndU_-bm6wXifZrOSbTSDaMtRUq5jgcG9Ul6gpf8wvqjOlsN1Re8QOYneMLHcG9-dKXmdnlqWtS0Zu_RwnpqmfmrBq5iNNmMeBzfr1FhU6r-LbnJiBzAmQJ7dCDCFZ9qG69NStKKnZ3PLsNk01OxO-j16AX-xXXbwD03mXljOvahWrXImegCr0lvU4qUBy2TY1OY2HfL4YljKie5Upsk0X6EHi41Y8SwcRX2Z4Yqz524sefgIOCsrJ/dl4/d5/L2dBISEvZ0FBIS9nQSEh/. |
| The Gambia | Freedom of Expression | History | The first protection of the freedom of expression in The Gambia came in the 1996 constitution. |
| Togo | Freedom of Expression | History | The 1963 constitution is the first instance where freedom of expression is outlined in the Togolese legal system. Article 12 of the document officially enshrines the right into law. “Constitution de la République Togolaise, 5 Mai 1963.” Library of Congress. Accessed June 26, 2023. https://www.loc.gov/item/2008700247/#amp=&page=5&item_type=book |
| Tonga | Freedom of Expression | History | Tonga’s constitution, adopted in 1875, protects freedom of speech in the first clause of its 7th Article. However, the clause also states that this right “does not outweigh the law of defamation, official secrets, or the laws protecting the King and the Royal Family.” “Tonga’s Constitution of 1875 with Amendments Through 2013.” Constitute. Accessed June 26, 2023. https://www.constituteproject.org/constitution/Tonga_2013.pdf?lang=en |
| Trinidad and Tobago | Freedom of Expression | History | The Trinidad and Tobago (Constitution) Order in Council of 1962 was the first document to establish freedom of expression in the country. The right is specifically outlined in Section 1(i) of the chapter entitled “The Recognition and Protection of Human Rights and Fundamental Freedoms.” “Trinidad and Tobago (Constitution) Order in Council 1962.” Government of the Republic of Trinidad and Tobago. Accessed June 26, 2023. http://laws.gov.tt/pdf/A7.pdf |
| Tunisia | Freedom of Expression | History | Freedom of expression was first guaranteed under Article 8 of Tunisia’s first constitution after gaining independence from France. The document was adopted in 1959 with periodical amendments through 2008. “Tunisia’s Constitution of 1959 with Amendments through 2008.” Constitute. Accessed June 26, 2023. https://www.constituteproject.org/constitution/Tunisia_2008.pdf |
| Turkey | Freedom of Expression | History | The Turkish Constitution of 1924 is the first document that implemented freedom of speech, conscience, and thought into the country’s law. These rights were laid out in Section V, Article 70. Earle, Edward M. “The New Constitution of Turkey.” Political Science Quarterly. Vol. 40. No. 1 (Mar., 1925), pp-73-100. https://www.jstor.org/stable/2142408 |
| Turkmenistan | Freedom of Expression | History | Turkmenistan’s 1992 constitution was the first legal document to protect the freedoms of conviction and expression in the state’s history, with the rights outlined in Article 26. That said, during the 1980s when the country was a Soviet Republic there were some opportunities for freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies.
“Constitution of Turkmenistan.” University of Minnesota Human Rights Library. Accessed June 26, 2023. http://hrlibrary.umn.edu/research/turkmenistan-constitution.html “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html |
| Tuvalu | Freedom of Expression | History | Freedom of expression was first outlined in Tuvalu’s 1978 constitution. Section 11 of the document mentions the right briefly, while Section 24 defines it more specifically and stipulates some exceptions in regards to public interests such as safety, defense, and health. “Constitution of Tuvalu.” Tuvalu Government. Accessed June 26, 2023. https://www.gov.tv/tuvalu-constitution/ |
| Uganda | Freedom of Expression | History | Uganda’s 1962 constitution is the original document that guaranteed freedom of expression for the country’s citizens. The right is expressly mentioned in Article 17(b); however, the section also states that the right may be limited to protect public interests and the liberties of others. “Uganda Constitution (Order in Council) 1962.” World Statesmen. Accessed June 27, 2023. https://www.worldstatesmen.org/Uganda-const-1962.pdf |
| Ukraine | Freedom of Expression | History | Article 34 of the Ukrainian Constitution, adopted in 1996, guarantees freedom of expression for all Ukrainians. The same article also stipulates different limitations on this right, most of which are based on public interests. Prior to their independence from the Soviet Union, Ukrainians had also been able to enjoy some freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies during the 1980s.
“Constitution of Ukraine.” Council of Europe. Accessed June 28, 2023. https://rm.coe.int/constitution-of-ukraine/168071f58b “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html |
| United Arab Emirates | Freedom of Expression | History | Freedom of expression was first mentioned in Article 30 of the United Arab Emirates’ 1971 constitution. However, the document only guarantees this freedom “within the limits of the law.” “United Arab Emirates 1971 (rev. 2004).” Constitute. Accessed June 27, 2023. https://www.constituteproject.org/constitution/United_Arab_Emirates_2004?lang=en |
| United Kingdom | Freedom of Expression | History | Freedom of expression was first codified in the United Kingdom through the Human Rights Act of 1998. This piece of legislation protected the liberties guaranteed by the European Convention on Human Rights, including Article 10, which states that “everyone has the right to freedom of expression” (“European Convention on Human Rights” 1953, 12). That said, prior to the ratification of the HRA freedom of speech had a somewhat ambiguous protected status, with some courts in the UK suggesting that common law recognized the right (Barendt 2009, 1).
Barendt, Eric. “Freedom of Expression in the United Kingdom Under the Human Rights Act 1998.” Indiana Law Journal Vol. 84, Iss. 3, Art. 4 (Summer 2009). https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1125&context=ilj “European Convention on Human Rights.” Council of Europe. Accessed June 27, 2023. https://www.echr.coe.int/documents/d/echr/convention_eng “Human Rights Act of 1998.” Government of the United Kingdom. Accessed June 27, 2023. https://www.legislation.gov.uk/ukpga/1998/42/section/1 |
| United States | Freedom of Expression | History | The 1st Amendment to the US Constitution was the earliest piece of federal legislation in the country’s history to protect freedom of speech. The original document became law in 1788, while the Bill of Rights, which included the First Amendment, was ratified in 1791. “The United States Constitution.” National Constitution Center. Accessed June 27, 2023. https://constitutioncenter.org/the-constitution/full-text |
| Uruguay | Freedom of Expression | History | The Constitution of the Oriental Republic of Uruguay, adopted in 1830, was the first document to guarantee freedom of speech after the country gained independence from Spain. Article 29 protects this right through all methods of circulation, while also stipulating that individuals “may be held liable, in accordance with the law, for abuses which they may commit.” “The Constitution of the Oriental Republic of Uruguay.” Refworld. Accessed June 27, 2023. https://www.refworld.org/docid/3ae6b5600.html |
| Uzbekistan | Freedom of Expression | History | The Constitution of Uzbekistan, adopted in 1992, protects freedom of thought, speech, and convictions in Article 33. Prior to their independence from the Soviet Union, however, citizens of Uzbekistan were able to enjoy some freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies of the 1980s.
“Constitution of the Republic of Uzbekistan.” Constitution of the Republic of Uzbekistan. Accessed June 28, 2023. https://constitution.uz/en/clause/index#section7 “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html |
| Vanuatu | Freedom of Expression | History | Article 5(1)(g) of Vanuatu’s constitution was the first legal document to recognize freedom of expression as a fundamental right of the country’s citizens. The body of laws was adopted in 1980, shortly after gaining independence from France. “Laws of the Republic of Vanuatu.” Government of Vanuatu. Accessed June 27, 2023. https://www.gov.vu/images/legislation/constitution-en.pdf |
| Venezuela | Freedom of Expression | History | Article 181 of the Constitution of the Federal States of Venezuela, adopted in 1811, was the first document in the country’s history to mention freedom of expression through print. However, Article 4 of the country’s 1819 constitution was the first to guarantee the right to express using all mediums, except in cases where it interfered with “public tranquility, good customs, life, honor, esteem, and individual property.”
“Constitución Federal de 1811.” Biblioteca Virtual Miguel de Cervantes. Accessed June 27, 2023. https://www.cervantesvirtual.com/obra-visor/constitucion-federal-de-los-estados-de-venezuela-21-de-diciembre-1811/html/86de8dbc-4b14-4131-a616-9a65e65e856a_2.html “Constitución - 1819.” Instituto Geográfico de Venezuela Simón Bolívar. Accessed June 27, 2023. https://web.archive.org/web/20171201034609/http://www.igvsb.gob.ve/marco_legal/upload/archivos/CONSTITUCION%201819.pdf |
| Vietnam | Freedom of Expression | History | In 1946, the Democratic Republic of Vietnam adopted a constitution which became the country’s first legal document to enshrine freedom of speech into law. Article 10(i) specifically protected this right for Vietnamese citizens. “Vietnamese Constitution 1946.” Bloomsbury Professional. Accessed June 27, 2023. https://media.bloomsburyprofessional.com/rep/files/vietnam-constitution-1946x.pdf |
| Yemen | Freedom of Expression | History | Article 26 of the Yemeni constitution guarantees freedom of thought and free expression of opinions. The document was adopted in 1991, when South Yemen and the Yemen Arab Republic united. “Constitution of Yemen.” University of Minnesota Human Rights Library. Accessed June 27. http://hrlibrary.umn.edu/research/yemen-constitution.html |
| Zambia | Freedom of Expression | History | Freedom of expression was first legally protected in Zambia under its 1964 constitution. Article 22 of the document defines and guarantees this right, while stating that limitations can be enforced based on public interests, protection of the rights of others, and more. “The Constitution of Zambia.” Citizenship Rights Africa. Accessed June 27, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2020/06/Zambia-Constitution-1964.pdf |
| Zimbabwe | Freedom of Expression | History | Zimbabwe’s constitution of 1980 is the first document in the country’s history to protect freedom of expression. Section 20 goes into specific detail about this right, and codifies some exceptions related to public interests and protections.
“Zimbabwe Constitution 1980 up to 17th Amendment.” Zimbabwe Legal Resources Website. Accessed June 27, 2023. https://www.law.co.zw/download/zimbabwe-constitution-1980-up-to-17th-amendment/ |
| Afghanistan | Freedom of Religion | History | According to Article two of the 1964 Constitution of Afghanistan: "Islam is the sacred religion of Afghanistan. Religious rites performed by the State shall be according to the provisions of the Hanafi doctrine. Non-Muslim citizens shall be free to perform their rituals within the limits determined by laws for public decency and public peace."
References: https://www.constituteproject.org/constitution/Afghanistan_1964 |
| Albania | Freedom of Religion | History | According to the 1928 Fundamental Statute of the Kingdom of Albania: "The Albanian State has no official religion. All religions and creeds are respected, and freedom of worship and religious observances is guaranteed."
The current Albanian constitution guarantees religious freedom in Article 10. The Constitution of the Republic of Albania was passed on November 28th, 1998. References: 1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html 1998 Albania Constitution: https://www.constituteproject.org/constitution/Albania_2012 |
| Algeria | Freedom of Religion | History | Freedom of religion was first guaranteed in the Algerian Constitution of 1963. Article 4 of the document guarantees this right, while also stating that Islam is the state religion.
References: “The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450. “Constitution of Algeria.” World Constitutions Illustrated, Heinonline. Accessed July 19, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzdz0026&i=1 |
| Andorra | Freedom of Religion | History | Andorra’s 1993 Constitution is the first document in the country’s history to define freedom of religion. Article 6 protect one’s freedom from religious discrimination, while article 11 protects ones right to religious expression. “Andorra 1993.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Andorra_1993 |
| Angola | Freedom of Religion | History | Freedom of religion was first protected by Article 7 of Angola’s 1975 Interim Constitution. It was later replaced by the Constitution of 1992, which also guaranteed the right. Article 10 of Angola’s 2010 constitution declares the country a secular state. Article 23 declares it illegal to discriminate based on religious affiliation. The constitution was ratified on January 21st, 2010.
References: 1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197 1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf 2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010 |
| Antigua and Barbuda | Freedom of Religion | History | Antigua and Barbuda’s 1981 Constitution contains the first assertion of freedom of religion in the country’s independent history. Article 11 specifically outlines this right.
References: 1981 Antigua and Barbuda Constitution: “The Republic of Antigua and Barbuda Constitutional Order 1981.” Political Database of the Americas. Accessed July 19, 2023. https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html |
| Argentina | Freedom of Religion | History | Though not explicitly focused on religious freedom, the 1826 Argentina Constitution seems oriented in Article 162 to elements of freedom of belief as a general matter: "The private actions of Men, which do not in any manner offend publick order, nor injure a third Person, belong alone to God, and are exempt from the authority of the Magistracy." A few decades later, according to Juan G. Navarro Floria, the Constitutional language was more direct: "Setting aside the drafts of prior constitutional charters, the authors of Argentina’s 1853 Constitution emphatically proclaimed religious freedom for '[a]ll inhabitants'.” (Floria, 342) The Constitution establishes freedom of religion, but also gives "preferential legal status" to the Roman Catholic Church (U.S. Department of State, "ARGENTINA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT").
References: Constitution of the Argentine Republic, 1826, English translation of the original Constitution of 1826. 956 (2010) Section VIII: General Regulations: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzar0004&id=15&collection=cow&index= Juan G. Navarro Floria, Religious Freedom in the Argentine Republic: Twenty Years After the Declaration on the Elimination of Intolerance and Religious Discrimination, 2002 BYU L. Rev. 341 (2002). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2002/iss2/8 "ARGENTINA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT": https://www.state.gov/wp-content/uploads/2019/05/ARGENTINA-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf |
| Armenia | Freedom of Religion | History | The 1990 Declaration of Independence of Armenia guaranteed freedom of conscience. The 1995 Constitution of Armenia contains a more detailed assertion of freedom of religion in Article 23: "Everyone is entitled to freedom of thought, conscience, and religion. The freedom to exercise one's religion and beliefs may only be restricted by law on the grounds prescribed in Article 45 of the Constitution. Amendment of the 1995 Armenia Constitution in 2005 resulted in still more specific articulation of the right: "Everyone shall have the right to freedom of thought, conscience and religion. This right includes freedom to change the religion or belief and freedom to, either alone or in community with others manifest the religion or belief, through preaching, church ceremonies and other religious rites." In addition to this articulation of the protection of belief and protection, Article 8.1 of the Armenia Constitution as amended in 2005 "recognizes the exclusive historical mission of the Armenian Apostolic Holy Church as a national church", but also asserts the separation of church and state in Armenia. The same article also guarantees that: "Freedom of activities for all religious organizations in accordance with the law shall be guaranteed in the Republic of Armenia".
References: Armenian Declaration of Independence: https://www.gov.am/en/independence/ "Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng "Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng |
| Australia | Freedom of Religion | History | In accordance with English Common Law, Australia’s Constitution does not clearly guarantee freedom of religion. However, Article 116 of the document orders the “Commonwealth not to legislate in respect of religion.” Additionally, multiple Australian states have adopted laws and constitutions protecting the right.
References: “The Australian Constitution.” Parliament of Australia. Accessed July 19, 2023. https://www.aph.gov.au/constitution “2021 Report on International Religious Freedom: Australia.” U.S. Department of State. Accessed July 19, 2023. https://www.state.gov/reports/2021-report-on-international-religious-freedom/australia/#:~:text=In%20Queensland%2C%20Victoria%2C%20and%20the,the%20grounds%20of%20religious%20belief. |
| Austria | Freedom of Religion | History | The current Austrian state has maintained the Basic Law on the General Rights of Nationals of 1867, drafted during the Habsburg Empire. This makes Article 14 of the document the first assertion of freedom of religion in the country’s modern history. However, deeper legal foundations for this right can be found in the Patents of Tolerance of 1781/82.
The Constitution of Austria was ratified on October 1, 1920 and reinstated on May 1, 1945. Article 7 bans discrimination, including on the basis of religion. References: English original text of the Federal Constitutional Law of 1920 883 (2010), "First Principal Article: General Provisions ," Constitution of the Republic of Austria. - October 1, 1920 : 883-890 “Austria’s Religious Landscape.” Austria Embassy Washington. Accessed July 19, 2023. https://www.austria.org/religion#:~:text=EXPRESSIONS%20OF%20THE%20BASIC%20RIGHT%20OF%20RELIGIOUS%20FREEDOM&text=According%20to%20Austrian%20law%20(Law,choose%20his%20or%20her%20religion. |
| Azerbaijan | Freedom of Religion | History | Azerbaijan’s Constitution of 1995 contains the first assertion of freedom of religion in the country’s post-Soviet history. In Article 18 all religion is declared equal under the law and Article 25, Article 48, Article 71(4) ban legal discrimination based on religion and grant religious protections. Articles 85 and 89 ban ministers of religion from holding power in the the Milli Majlis or Azerbaijan National Assembly.
References: https://constitutionnet.org/sites/default/files/Azerbaijan%20Constitution.pdf Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971. |
| Bahrain | Freedom of Religion | History | The Bahrain Constitution of 1973 contains the first assertion of religious freedom in the country’s independent history. Article 22 articulates this right as follows: "Freedom of conscience is absolute. The State shall guarantee the inviolability of places of worship and the freedom to perform religious rites and to hold religious processions and meetings in accordance with the customs observed in the country." The 2002 Bahrain Constitution with amendments through 2017 also protects freedom of religion, Article 18 protects against discrimination based on religion. Article 22 protects freedom of religious thought, stating: "Freedom of conscience is absolute. The State guarantees the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings in accordance with the customs observed in the country." It is noteworthy that Article 2 states Islam is the official religion and legislation is guided by Islamic Shari’a.
References: “Bahrain Old Constitution (1973).” International Constitutional Law Project. Accessed July 20, 2023. https://www.servat.unibe.ch/icl/ba01000_.html Bahrain 2002 (Rev. 2017) Constitution.” Constitute:. https://www.constituteproject.org/constitution/Bahrain_2017?lang=en. |
| Bangladesh | Freedom of Religion | History | Article 41 of the 1972 Bangladesh Constitution states that: "(1) Subject to law, public order and morality-
(a) every citizen has the right to profess, practice or propagate any religion; (b) every religious community or denomination has the right to establish, maintain and manage its religious institutions. (2) No person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruc- tion, ceremony or worship relates to a religion other than his own.." References: http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf |
| Barbados | Freedom of Religion | History | Barbados’s Constitution of 1966 was the first document to protect freedom of religion in the country’s independent history. The preamble states the country was "founded upon principles that acknowledge the supremacy of God" among other principles. Article 19 grants religious freedoms and protections: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance."
References: https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html |
| Belarus | Freedom of Religion | History | The Belarus Constitution of 1994 contains the first assertion of freedom of religion in the country’s post-Soviet history. Articles 14, 16, and 31 grant religious freedom and protections. Article 5 bans activities of political parties and public associations with the aim of religious hatred.
References: 1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults 1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e |
| Belgium | Freedom of Religion | History | Articles 20 and 21 of the 27 October 1830 Draft Constitution of Belgium described protection of freedom of religion. Article 20 protected freedom of opinion, and Article 21 stated that "The public exercise of a belief [culte] may not be impeded except by virtue of a law, and only in the case in which it troubles the public order and tranquility."
Articles 14-16 of Belgium’s 1831 Constitution codified protections of freedom of religion. However, Article 14 outlines legal limits to this freedom: “The freedom of religions, their public exercise, as well as the liberty of expressing their opinions on every matter, are guaranteed; reserving the right of repressing crimes committed in the exercise of these liberties.” References: English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults 1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831 |
| Belize | Freedom of Religion | History | Freedom of religion was first guaranteed in Belize by its Constitution of 1981. Articles 3 and 11 protect religious freedom and equality. Preamble claims the supremacy of God.
References: 1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html |
| Benin | Freedom of Religion | History | Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed freedom of religion, conditioned by respect for public order.
Under the 1990 Constitution of Benin, Articles 23 and 26 offer freedom of religion and prohibit religious discrimination under the law. Articles 2 and 5 define Benin as a secular state. References: "Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=# 1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf |
| Bhutan | Freedom of Religion | History | According to Article 7.4 of the 2008 Constitution of the Kingdom of Bhutan, "A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement."
References: 2008 Constitution of the Kingdom of Bhutan: "Article 7: Fundamental Rights," Constitution of the Kingdom of Bhutan, 2008, 14: https://heinonline-org.proxygw.wrlc.org/HOL/Page collection=cow&handle=hein.cow/zzbt0002&id=22&men_tab=srchresults |
| Bolivia | Freedom of Religion | History | Freedom of conscience is recognized in Title II of Bolivia’s 1826 Constitution, which also states that the country’s religion is Catholicism: "The Catholic Apostolic Roman Religion is that of the Republic, to the exclusion of every other. The Government will protect it, and cause it to be respected; recognizing the principle of freedom of conscience."
Article 3 of the 1851 Constitution of the Bolivian Republic also addressed questions of conscience and exercise: "The Apostolic Roman Catholic religion is the religion of Bolivia. The law protects and guarantees its exclusive worship, and prohibits the exercise of any other; nevertheless acknowledging the principle that there is no human power over consciences." Articles 4, 14, 21, 86, and 104 of the 2009 Constitution protect religious freedom and prohibit religious discrimination. Article 4 says that Bolivia is a secular state. References: 1826 Constitution of Bolivia: English translation of the original Constitution of 1826 6 (2010) Title II: Of Religion. https://heinonline.org/HOL/P?h=hein.cow/zzbo0003&i=1 1851 Political Constitution of the Bolivian Republic: English translation of the original Constitution of 1851. 1149 (2010) The Public Rights of the Bolivians https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0007&id=1&men_tab=srchresults “Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009 |
| Bosnia and Herzegovina | Freedom of Religion | History | In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." According to Section 8 of the 1910 Constitution of Bosnia and Herzegovina, "Liberty of conscience and faith are guaranteed. No one can be persecuted on account of his religious convictions, nor can his rights be restricted because of them. The exercise of domestic worship is secured to every person, and the exercise of public worship is assured to all recognized religious associations as far as such public worship does not run counter to public considerations. The religious sects recognized at present are the following (1.) Mohammedan. (2.) Servian Orthodox. (3.) Roman Catholic and Greek Catholic. (4.) Evangelical of Augsburg and Helvetian Confession. (5.) Jewish. The enjoyment of civic and political rights is wholly independent of religious convictions, but these latter must not interfere with the due performance of civic duties."
The Bosnia and Herzegovina Constitution of 1995 contains the first assertion of freedom of religion in the country’s independent history. Articles 1.7(b), 2.3(g), and 2.4 protect religious freedoms and equality and prohibit religious discrimination. References: 1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults# “Bosnia and Herzegovina 1995 (rev. 2009).” Constitute. Accessed July 20, 2023. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009 |
| Botswana | Freedom of Religion | History | According to Article 11 of the 1966 Botswana Constitution: "(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance. (2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides. (3) Except with his or her own consent (or, if he or she is a minor, the consent of his or her guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his or her own. (4) No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief. (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required— (a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."
References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana |
| Brazil | Freedom of Religion | History | According to Article 179.5 of the 1824 Political Constitution of the Empire of Brazil, "No one may be persecuted by reason of religion, so long as he respects that of the state and does not offend public morals."
The 1890 Constitution guaranteed free exercise: "All individuals and religious denominations may publicly and freely exercise their worship, associating themselves for this purpose, and acquiring property within the limits prescribed by the law of mortmain." In a number of ways the 1890 Constitution asserted separation of church and state, including emphasis on the secular character of public instruction and cemeteries, the civil character of marriage recognized by the state, and a ban on official subsidies or other relationships between religious groups and federal or state governments. The 22 June 1890 Constitution also barred Jesuits from Brazil, though as Thomas Skidmore describes this ban was lifted before the Constitution came into effect: "The initial draft of the Constitution of 1891, for example, contained a clause which would have again banned the order from Brazil. The provision was removed by the Constituent Assembly, which nonetheless endorsed a proposed prohibition of any new convents or monastic orders." The final version of the 1891 Constitution offered a briefer description of freedom of religion in Article 179, Section V: "No one can be persecuted on account of his religion so long as he respects that of the state and does not offend public morals." Even so, the 1891 Constitution established an official religion in Article 5: "The Apostolic Roman Catholic religion shall continue to be the religion of the Empire. All other religions shall be permitted with their domestic or private worship in buildings destined therefor, but without any exterior form of a temple." References: "Title VIII: General Provisions and Guarantees of the Civil and Political Rights of Brazilian Citizens," Constitution of the Empire of Brazil, 1824 : 250: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0040&id=14&men_tab=srchresults English translation of the Portuguese original text of the Constitution of 22 June 1890 23 (2013) Section II: Declaration of Rights : https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbr0396&id=23&collection=cow&index= English translation of the original Constitution of 1891. [8] (2013) Title II: Of Brazilian Citizens; Title VIII: Of the General Dispositions and Guarantees of the Civil and Political Rights of Brazilian Citizens, Constitution of the Empire of Brazil (1891): [8]; [29]: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0153&id=30&men_tab=srchresults# Skidmore, Thomas E. “Eduardo Prado: A Conservative Nationalist Critic of the Early Brazilian Republic, 1889-1901.” Luso-Brazilian Review 12, no. 2 (1975): 154. http://www.jstor.org/stable/3512939. |
| Brunei | Freedom of Religion | History | The Constitution of Brunei Declares the Shafi’i school of Sunni Islam (Shafeite sect) the Official religion of the country, Part IX 84.1 states that all no person shall be appointed to any office not professing the Islamic religion. However, Part II, Article 3, Section 1 states, “all other religions may be practiced in peace and harmony by the persons professing them.” This Assertion is first seen in the 1959 Constitution of Brunei Darussalam.
References: CIA World Factbook. Brunei. https://www.cia.gov/the-world-factbook/countries/brunei/#government U.S. Department of State 2022 Report on International Religious Freedom: Brunei https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei International Commission of Jurists. Constitution of Brunei Darussalam 1959. https://www.icj.org/wp-content/uploads/2013/04/Brunei-Constitution-1959-eng.pdf |
| Bulgaria | Freedom of Religion | History | Article 37 of the 1879 Constitution of Bulgaria established "the Orthodox Eastern Confession" as the official religion. However, Article 40 of the 1879 Constitution offered broad freedom to express religious faith: "Christians of other than the Orthodox faith, and those professing any other religion whatever, whether Bulgarian-born subjects or naturalized, as well as foreigners permanently or temporarily domiciled in Bulgaria, have full liberty to profess their religion, unless the performance of their rites violates common law." In line with the last clause of Article 40, Article 41 denied the assertion of religious freedom as a reason to except oneself from general laws: "No one can, under pretext of religious scruples, exempt himself from conformity with the general laws which are binding on all in common."
Article 78 of the 1947 Constitution of the People's Republic of Bulgaria more broadly promised religious liberty: "Citizens are guaranteed freedom of conscience and religion, and of performing religious rites. The Church is separate from the State." The Constitution of the Republic of Bulgaria was ratified on 12 July 1991. Articles 6.2, 11.4, 13, 37, and 44.2 grant religious protections and freedoms. References: 1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter IX: Religion: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=8&men_tab=srchresults 1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index= 1991 Constitution of Bulgaria: https://www.parliament.bg/en/const |
| Burkina Faso | Freedom of Religion | History | Article 14 of the 1970 Constitution of Upper Volta reads: "Freedom of religious belief, profession and practise, subject to
the maintenance of public order, shall be guaranteed to all by the Constitution." Under Chapter I, Article 7, Freedom of Religion is asserted in the 1991 Constitution of Burkina Faso. This article also specifies that respect for the law, public order, good morals, and the human person must be upheld with free practice. Equality regardless of religion is also guaranteed under Article I. References: 1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults Food and Agriculture Organization of the United Nations. Constitution of Burkina Faso. 1991. https://faolex.fao.org/docs/pdf/bkf128139E.pdf |
| Burundi | Freedom of Religion | History | Freedom of religion was asserted in the 1962 Constitution of the Kingdom of Burundi. Burundi became independent in 1962 from the Belgium administration. Article 13, under Title II, covers freedom of worship.
References: Constitution of Burundi. 1962. https://upload.wikimedia.org/wikipedia/commons/a/a5/Constitution_du_Burundi_de_1962.pdf |
| Cambodia | Freedom of Religion | History | The 1947 Constitution of Cambodia declares Buddhism as the religion of the state. However, It asserts under Article 8 that, “Liberty of conscience is absolute. So is that of worshiping…” but limits this liberty of worship by articulating that it “suffers no other restrictions than those made necessary by the maintenance of Public order.”
Articles 31 and 43 of the 1993 Constitution grant religious equality under the law and religious freedom of worship, respectively. Article 43 of the 1993 Constitution declares Buddhism the national religion and Article 68 promotes Buddhist institutions. References: 1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf 1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539 |
| Cameroon | Freedom of Religion | History | The 1972 constitution of Cameroon first asserts that Freedom of religion and worship shall be guaranteed in Article 15 of the preamble. In Article 14 the state is declared secular and neutral, also opening the preamble with adherence to the 1948 Universal Declaration of Human Rights. While not specifically mentioned in the 1961 Constitution, it also affirms adherence to the Universal Declaration of Human Rights, which covers religious freedom under Article 18.
References: 1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf 1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en |
| Canada | Freedom of Religion | History | As part of the Constitution Act of 1982, Part I B(2) and F(15) grant religious freedoms and protections. Part I of the 1982 Constitution Act asserts the supremacy of God.
References: Constitution Act of 1982: https://laws-lois.justice.gc.ca/pdf/const_e.pdf |
| Cape Verde | Freedom of Religion | History | Freedom of religion is first asserted in the 1980 Constitution of the Republic of Cabo Verde. Articles 42.1, 44.1, 45.1, 47.2-3, and 48 grant religious freedoms and prohibit religious discrimination. This constitution guarantees freedom from religious discrimination, separation of church and state, freedom of religious instruction, guaranteed religious presence in hospitals, prisons, and armed forces, and the protection of religious places of worship.
References: Constitute Project. Constitution of the Republic of Cabo Verde. 1980. https://www.constituteproject.org/constitution/Cape_Verde_1992 |
| Central African Republic | Freedom of Religion | History | Article 8 of the 1994 Constitution reads: "The freedom of conscience, of assembly and the free exercise of worship are guaranteed to all within the conditions fixed by law. Any form of religious fundamentalism and intolerance is forbidden."
The Constitution of the Central African Republic was ratified on March 27, 2016. Articles 6 and 10 grant religious freedom, equality, and protections from discrimination. Article 25 declares separation of church and state. References: Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf “Central African Republic 2016 Constitution.” Constitute. Last modified 2016. https://www.constituteproject.org/constitution/Central_African_Republic_2016 |
| Chad | Freedom of Religion | History | Article 5 of the 1959 Chad Constitution guaranteed religious freedom: "the Republic assures to all equality of rights without distinction of race, of origin or of religion. Each one professes their religion freely and receives from the State,
for the exercise of their belief [culte], an equal protection;" The 2018 Chad Constitution also guarantees religious freedom, in Title II, Chapter I, Article 27. Article 14 of Title II also guarantees equality without distinction of origin, of race, of sex, of religion, of political opinion or of social position. References: 1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults 2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en |
| Chile | Freedom of Religion | History | Freedom of Religion was first guaranteed in the 1925 Constitution of The Republic of Chile under Chapter III, Article 10, Section 2: "Practice of all beliefs, liberty of conscience and the free exercise of all religions that may not be contrary to morality, good usage and public order."
Article 10.2 of the 1980 Chile Constitution with revisions up to 2021 offers a very similar formulation of freedom of religion. References: Constitute Project. 1925 Constitution of the Republic of Chile. https://www.constituteproject.org/constitution/Chile_1925?lang=en 1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021 |
| China | Freedom of Religion | History | Article 6.7 of the 1912 Provisional Constitution of the Republic of China guaranteed freedom of religion.
Article 36 of the People's Republic of China Constitution of 1982 with Amendments through 2018 continues to offer a guarantee of freedom of religion: "Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination." However, according to the US State Department in 2018: "The constitution states citizens have freedom of religious belief but limits protections for religious practice to “normal religious activities” and does not define “normal.” The government continued to exercise control over religion and restrict the activities and personal freedom of religious adherents when the government perceived these as threatening state or Chinese Communist Party (CCP) interests, according to nongovernmental organization (NGO) and international media reports. Only religious groups belonging to one of the five state-sanctioned “patriotic religious associations” (Buddhist, Taoist, Muslim, Catholic, and Protestant) are permitted to register with the government and officially permitted to hold worship services." References: 1912 Provisional Constitution of the Republic of China: “The Provisional Constitution of the Republic of China.” The American Journal of International Law 6, no. 3 (1912): 149–54. https://archive.org/details/jstor-2212590/page/n1/mode/2up China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018 CHINA (INCLUDES TIBET, XINJIANG, HONG KONG, AND MACAU) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT: https://www.state.gov/wp-content/uploads/2019/05/CHINA-INCLUSIVE-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf |
| Colombia | Freedom of Religion | History | Article 5(5) of the 1853 Constitution of New Grenada guaranteed: "The free profession of religion, whether public or private, so long as it does not disturb the public peace, offend good morals, or obstruct others in their worship;"
Article 19 of the 1991 Constitution states: "Freedom of religion is guaranteed. Every individual has the right to freely profess his/her religion and to disseminate it individually or collectively. All religious faiths and churches are equally free before the law." References: 1853 Constitution of New Grenada: English translation of the Spanish original text of the Constitution of 1853 202 (2009) Title I: The Republic of New Granada; and Granadines https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzco0029&id=2&men_tab=srchresults 1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015 |
| Comoros | Freedom of Religion | History | Religious Freedom is not guaranteed in Comoros. The Constitution declares Sunni Islam the religion of the state under Chapter V, Article 97 under the current constitution. However, Under Title I, Chapter I, Article 2, equality before the law is guaranteed regardless of religion.
U.S. Department of State. Report on International Religious Freedom. 2021. Comoros. https://www.state.gov/reports/2021-report-on-international-religious-freedom/comoros/ Constitute Project. 2018 Constitution of Comoros. https://www.constituteproject.org/constitution/Comoros_2018 |
| Costa Rica | Freedom of Religion | History | The Constitution of Costa Rica was ratified on 1949 November 7. Article 75 both declares the Roman Catholic Church as the official religion of Costa Rica and grants freedom of religion. https://www.constituteproject.org/constitution/Costa_Rica_2011.pdf |
| Croatia | Freedom of Religion | History | Under Title III, Section II, Article 40, Freedom of religion is first asserted in the 1991 Constitution of The Republic of Croatia. Equality regardless of religion is also guaranteed under Article 14. Food and Agriculture Organization of the United Nations. Croatia's Constitution of 1991 with Amendments through 2001. https://faolex.fao.org/docs/pdf/cro129771.pdf |
| Cuba | Freedom of Religion | History | Article 26 of the 1901 Constitution of Cuba, adopted in 1902, asserted separation of church from state and freedom of religious practice, "without further restriction than that demanded by the respect for Christian morality and public order."
The Constitution of Cuba was ratified on 24 February 2019. Articles 15, 42, and 57 grant religious freedoms, equality, and prohibit religious discrimination. Articles 15 and 32.b declare Cuba a secular state. References: 1901/1902 Constitution: English translation of the Spanish original text of the Constitution of 1901/2. 155 (2010) Section I: Individual Rights: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcu0004&id=4&men_tab=srchresults https://www.constituteproject.org/constitution/Cuba_2019.pdf?lang=en |
| Cyprus | Freedom of Religion | History | Under part II, Article 18, Freedom of Religion was first asserted in the 1960 Constitution of Cyprus. This Constitution was adopted upon independence from the UK in the same year.
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| Czech Republic | Freedom of Religion | History | The first assertion of freedom of religion within the Czech Republic was asserted in the 1960 Constitution of Czechoslovakia under Chapter II, Article 32. However, In the 1992 Constitution of the Czech Republic, freedom of religion is not mentioned. Instead, there is a supplemental document, The Charter of Fundamental Rights and Freedoms, under the Constitutional Order of 1992 that covers religious freedom under Article 15.
World Statesman. Constitution of Czechoslovakia. 1960. https://www.worldstatesmen.org/Czechoslovakia-Const1960.pdf CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS. https://www.usoud.cz/fileadmin/user_upload/ustavni_soud_www/Pravni_uprava/AJ/Listina_English_version.pdf |
| Democratic Republic of the Congo | Freedom of Religion | History | Under Title II, Article 24, Freedom of religion is affirmed in the 1964 Constitution of the Democratic Republic of the Congo. However, It does state that worship, teaching, practices, and performance of worship should be subject to the respect of public order and good morals. The current Constitution was ratified on February 18, 2006. Articles 13, 22, 45, and 61.7 grant religious protections and freedoms. It also declares the Democratic Republic of the Congo as a secular state.
U.S. Department of State. Report on Religious Freedom. 2022. Democratic Republic of The Congo. https://www.state.gov/reports/2022-report-on-international-religious-freedom/democratic-republic-of-the-congo/ Wikisource. Translated 1964 Constitution of the Democratic Republic of the Congo. https://en.wikisource.org/wiki/Translation:Constitution_of_the_Democratic_Republic_of_the_Congo_(1964)#Title_II._Fundamental_rights https://www.constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011.pdf?lang=en |
| Denmark | Freedom of Religion | History | As early as 1849, elements of the right to religious freedom were asserted in the Fundamental Law of the Kingdom of Denmark. According to Article 76 of the 1866 revised version of the 1849 Fundamental Law, "Citizens shall have the right to organize themselves into societies for the worship of God according to their convictions, provided that their doctrines and conduct do not violate good morals or public order." Article 79 of the 1866 revision held that there could be no religious test for enjoyment of civil rights, or relief from civil obligations by reason of religion. Articles 75 and 78 of the 1866 revision described the legal regulation of the national church and of other churches.
Article 77 of the 1866 revision required that those unable to show membership in a denomination recognized by the government "shall pay into the educational funds the personal taxes authorized by law for the use of the national church." The 1953 Constitutional Act of Denmark addresses religious liberty in Sections 66-70, and in Section 68 asserts: "No one shall be liable to make personal contributions to any denomination other than the one to which he adheres." References: 1849 Fundamental Law of the Kingdom of Denmark: French translation of the Fundamental Law of 1849 1218 (2010) Fundamental Law of the Kingdom of Denmark: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzdk0006&collection=cow Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: English translation of the Fundamental Law of 1866, revising that of 1849. 278 (2010), VIII: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzdk0009&id=12&collection=cow&index= 1953 Constitutional Act of Denmark: https://www.thedanishparliament.dk/-/media/sites/ft/pdf/publikationer/engelske-publikationer-pdf/the_constitutional_act_of_denmark_2018_uk_web.pdf |
| Djibouti | Freedom of Religion | History | Djibouti’s constitution, adopted in 1992, affirms Islam as the state’s religion, though it respects all faiths and protects freedom of religion. The right is guaranteed under Article 11 (Djibouti 1992). Djibouti. 1992 "Djibouti 1992 (rev. 2010)" Constitute Project. https://www.constituteproject.org/constitution/Djibouti_2010 |
| Dominica | Freedom of Religion | History | After its independence from the United Kingdom in 1979, the Commonwealth of Dominica adopted its Constitution, which had been written the year prior. Article 9 deals with “Protection of conscience” and protects freedom of religion (Dominica 1978).
Dominica. 1978 “Dominica 1978 (rev. 2014)” Constitute Project https://www.constituteproject.org/constitution/Dominica_2014 |
| Dominican Republic | Freedom of Religion | History | Article 11, Section 18 of the 1887 Constitution of the Dominican Republic offered religious toleration, observing that Roman Catholicism was the official religion, but allowing that "Other sects may hold their services freely in their respective houses of worship."
References: English translation of the Constitution of 1887. 757 (2010) Chapter III: National Guarantees:https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdo0006&id=3&men_tab=srchresults |
| East Timor | Freedom of Religion | History | Created and ratified in 2002 after the country gained independence from Indonesia, the Constitution of East Timor guarantees its citizens freedom of religion. Two sections grant this right: Sections 1 and 2 under Article 12 and Sections 1 through 4 under Article 45 (Timor-Leste 2002).
Article 12 asserts: "1. The State shall recognise and respect the different religious denominations, which are free in their organisation and in the exercise of their own activities, to take place in due observance of the Constitution and the law. 2. The State shall promote the cooperation with the different religious denominations that contribute to the well-being of the people of East Timor." Article 45 holds: "1. Every person is guaranteed the freedom of conscience, religion and worship and the religious denominations are separated from the State. 2. No one shall be persecuted or discriminated against on the basis of his or her religious convictions. 3. The right to be a conscientious objector shall be guaranteed in accordance with the law. 4. Freedom to teach any religion in the framework of the respective religious denomination is guaranteed." References: 2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf. |
| Ecuador | Freedom of Religion | History | The first liberal constitution of Ecuador was adopted in 1897, establishing and protecting freedom of religion in the country for the first time. Article 13 under Section IV states that "The State respects the religious beliefs of the inhabitants
of the Equator, and shall cause the exercise of the same to be respected. Religious belief shall be no obstacle to the exercise of political and civil rights." Under the 2008 Constitution, Articles 11.2, 19, 66.8, 66.11, and 66.28 grant religious freedom, equality, and prohibit religious discrimination., and Article 1 declares Ecuador a secular state. References: 1897 Constitution of Ecuador: English translation of the original Constitution of 1897 1098 (2010) Chapter IV: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0008&id=4&men_tab=srchresults 2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en. |
| Egypt | Freedom of Religion | History | The Royal Decree No. 42 of 1923 On Building a Constitutional System for the Egyptian State guarantees Egyptian citizens equal civil and political rights, regardless of religion, stated in Article 3 (“Royal Decree No. 42 of 1923” 1923). Article 12 of that document asserted the absolute character of freedom of belief. Article 13 described conditions with reference to religious practice: "The State shall safeguard the freedom of performing religious rites and beliefs as per traditions observed in Egyptian territories provided that such shall not breach public order or contradict morals."
However, it was the Constitution of 1956 that made freedom of belief absolute in the constitution’s bill of rights (“The New Egyptian Constitution” 1956). Under the 2014 Constitution of the Arab Republic of Egypt, Articles 53 and 64 grant religious freedom, equality, and prohibit religious discrimination, and Article 2 declares Islam Egypt’s official religion and Sharia a guiding principle of legislation. References: “Royal Decree No. 42 of 1923” 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf The New Egyptian Constitution. (1956). Middle East Journal, 10(3), 300–306. http://www.jstor.org/stable/4322826 https://www.constituteproject.org/constitution/Egypt_2019?lang=en |
| El Salvador | Freedom of Religion | History | According to Chapter I, Article3 of the 1841 Constitution of the State of Salvador, " The religion professed by the State of Salvador is the Catholic, Apostolic Roman, the only true one, and the Government will protect the same by wise, just, and beneficent laws; but it declares that every person is free to worship God according to the dictates of his conscience, without any power or authority being able, by laws, decrees, or mandates, of whatsoever kind they may be, to interfere with, or do violence to, private belief."
The Constitution of 1886, more liberal than the previous constitutions of El Salvador, guaranteed freedom of religion to all citizens. This is found under Article 12 under Section II of the constitution (“Constitucion de 1886” 1886. 2). Under the 1983 Constitution of El Salvador, Articles 3, 6, 25 and 58 grant religious freedom, equality, and prohibit religious discrimination, and Article 26 recognizes the Catholic Church. References: 1841 Constitution of the State of Salvador: English translation of the Constitution of 1841. 207 (2010) https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzsv0002&id=2&collection=cow&index= “Constitucion de 1886” 1886. Jurisprudencia https://www.jurisprudencia.gob.sv/DocumentosBoveda/D/2/1880-1889/1886/08/886EC.PDF https://www.constituteproject.org/constitution/El_Salvador_2014.pdf?lang=en |
| Equatorial Guinea | Freedom of Religion | History | The Constitution of 1973 of Equatorial Guinea addresses freedom of religion and belief in Article 35. Though it states that citizens can practice religion within the confines of the law, they are not allowed to use faith or religious beliefs to oppose the principles and purposes of the State (“Constitucion de 1973” 1973). Under the 1991 Constitution of the Republic of Equatorial Guinea, Articles 13(f), Article 15.1, and 24.3-4 grant religious freedom, equality, and prohibit religious discrimination.
“Constitucion de 1973” 1973. Guinea Ecuatorial https://www.constituteproject.org/constitution/Equatorial_Guinea_2012.pdf?lang=en |
| Eritrea | Freedom of Religion | History | The earliest document that assures freedom of religion in Eritrea is Proclamation No. 73/1995 of 1995. It “calls for separation of religion and state; outlines the parameters to which religious organizations must adhere, including concerning foreign relations and social activities; establishes an Office of Religious Affairs; and requires religious groups to register with the government or cease activities” (U.S. Department of State 2019. 3). Though freedom of religion is present in the draft constitution of Eritrea, it has not been ratified since its introduction in 1997.
U.S. Department of State 2019. “ERITREA 2019 INTERNATIONAL RELIGIOUS FREEDOM REPORT” https://www.state.gov/wp-content/uploads/2020/06/ERITREA-2019-INTERNATIONAL- |
| Estonia | Freedom of Religion | History | The first constitution of Estonia, created in 1920, grants Estonian citizens the right to freedom of religion. Paragraph 6 and 11 states that there is freedom of “religion and conscience” and their practice will not be hindered, “provided it does not interfere with public orders and morals” (“Constitution of the Esthonian Republic” 1920). Under the 1992 Constitution of the Republic of Estonia, Articles 12, 40, and 124 grant religious freedom, equality, and prohibit religious discrimination.
“Constitution of the Esthonian Republic” 1920. Estonian Republic https://www.riigiteataja.ee/en/eli/521052015001/consolide |
| Eswatini | Freedom of Religion | History | Eswatini’s current constitution, created and adopted in 2005, protects the right to freedom of religion for the citizens of the country. Article 23 deals with the protection of freedom of conscience and religion, with Sections 1, 2, 3, and 4 ensuring the freedom (Eswatini 2005).
Eswatini 2005. “Eswatini 2005” Constitute Project https://www.constituteproject.org/constitution/Swaziland_2005 |
| Ethiopia | Freedom of Religion | History | The 1955 Constitution of Ethiopia ensures the right to freedom of worship to its citizens in Article 40. The section states that “there shall be no interference with the exercise, in accordance with the law, of the rites of any religion or creed by residents of the Empire, provided that such rites are not utilized for political purposes or prejudicial to public order or morality” (“1955 Revised Constitution of Ethiopia” 1955). However, it is the 1994 Constitution that explicitly states that citizens in Ethiopia have the full legal right to freedom of religion (Ethiopia 1994). Articles 11, 21, 25, 27, and 38 of the 1994 Constitution grant religious freedom, equality, and prohibit religious discrimination, and Article 11 declares a separation of church and state.
Ethiopia 1994. “Ethiopia 1994” Constitutenet.org https://www.constituteproject.org/constitution/Ethiopia_1994 “1955 Revised Constitution of Ethiopia” 1955. Chilot.me https://chilot.files.wordpress.com/2011/04/1955-revised-constitution-of-ethiopia1.pdf |
| Federated States of Micronesia | Freedom of Religion | History | The Micronesian Constitution of 1978 was the first document to protect freedom of religion in the country’s independent history. Article 4 Section 2 grant religious freedom and equality. Article 4 Section 2 bans declaration of an official religion or laws in regard to religion. Micronesian Constitutional Convention in 1975. “CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA.” Legal Information System of the Federated States of Micronesia . Government of the Federated States of Micronesia , 2005. Last modified 2005. Accessed June 21, 2022. http://www.fsmlaw.org/fsm/constitution/. |
| Fiji | Freedom of Religion | History | Since the country’s independence in 1970, freedom of religion has been protected in Fiji. Freedom of conscience was first protected by Article II, Section 3 of the 1970 constitution of Fiji.. Under the 2013 Constitution of the Republic of Fiji, Articles 4, 17, 22, and 26 grant religious freedom, equality, and prohibit religious discrimination.
Freedom of conscience was first protected by Article II, Section 3 of the 1970 constitution of Fiji. References: 1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf 2013 Constitution of Fiji: https://www.laws.gov.fj/Home/information/constitutionoftherepublicoffiji#:~:text=The%20Constitution%20of%20the%20Republic,the%20procedures%20in%20the%20Constitution. |
| Finland | Freedom of Religion | History | The Finnish Constitution Act of 1919 stipulated that “a Finnish citizen has the right to practice religion publicly and privately, provided that the law and good practices are not violated, as well as, as separately provided thereon, the freedom to renounce the religious community to which he belongs and the freedom to join another religious community.” This assurance is found under Section 8 and applies to all citizens of Finland (“Constitution Act” 1919). Under the 2000 Constitution of Finland sections 6 and 11 grant religious freedom, equality, and prohibit religious discrimination.
“Constitution Act” 1919 Finland https://oikeusministerio.fi/en/constitution-of-finland |
| France | Freedom of Religion | History | France laid the groundwork for inalienable rights to freedom of expression through the Declaration of the Rights of Man, and of the Citizen. Article 11 of this 1789 document states, “The free communication of ideas and of opinion is one of the most precious rights of man.” The 1791 French Constitution utilized this phrasing in its 11th Article to enshrine freedom of expression, and continues this tradition of citing the Rights of Man in the 1958 Constitution.
References English translation of the French original text of the Declaration of 1789, 2 (2010) Declaration of the Rights of Man and Citizen, 1789 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0143&id=2&men_tab=srchresults English translation of the French original text of the Constitution of 1791, 60 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0138&id=3&men_tab=srchresults English original text of the Constitution of 1958, together with the Preamble of 1946, 77 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfr0147&id=3&collection=cow&index= |
| Gabon | Freedom of Religion | History | Gabon’s Constitution of November 14, 1960, granted its citizens the right to freedom of religion in its texts. The second point of the First Article establishes freedom of religion and conscience to all (“Constitution du 14 novembre 1960” 1960).Under the 1991 Constitution of Gabon, Articles 1.2, 1.13, and 2 grant religious freedom, equality, and prohibits religious discrimination, and Article 2 declares Gabon a secular state.
“Constitution du 14 novembre 1960” 1960. Digithèque MJP https://mjp.univ-perp.fr/constit/ga1960.htm Constitution Project. “Gabon's Constitution of 1991 with Amendments through 2011.” Constitute. POGO, April 27, 2022. https://www.constituteproject.org/constitution/Gabon_2011.pdf?lang=en&lang=en. |
| Georgia | Freedom of Religion | History | Before falling under the influence of the Soviet Union and becoming a soviet socialist republic, the short-lived, first modern establishment of the republic of Georgia (The Democratic Republic of Georgia) adopted a constitution that only lasted four days. This constitution, ratified in 1921, granted its citizens the right to freedom of religion under Article 31 (“Constitution of Georgia, 1921” 1921). After Georgia gained independence from the Soviet Union, the country adopted a new constitution in 1995. Articles 11.1, 11.2, 16.1, and 16.3 grant religious freedom, equality, and prohibit religious discrimination. Article 8 recognized the Orthodox Church of Georgia, but not declare it the national religion outright.
References: “Constitution of Georgia, 1921” 1921 მატიანე https://matiane.wordpress.com/2012/09/04/constitution-of-georgia-1921/ Georgia 1995 “Georgia 1995 (rev. 2018)” Constitute Project https://www.constituteproject.org/constitution/Georgia_2018 State Constitutional Commission of Georgia. “Constitution of Georgia.” Legislative Herald of Georgia. Departments of the Parliament of Georgia, August 24, 1995. https://matsne.gov.ge/en/document/view/30346?publication=36. |
| Germany | Freedom of Religion | History | Article 18 of the 1818 Baden Constitution states: "Every resident of the country shall enjoy unhindered freedom of conscience and the same protection shall be provided in consideration for the way in which he worships God."
Article 5 of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted religious freedom. Articles 135-137 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guarantee religious freedom. Article 135 guarantees free exercise, Article 136 denies the legality of linkage between religious belief or practice and civil or political rights, and Article 137 asserts the lack of a state church. References: 1818 Baden Constitution: https://www.constituteproject.org/constitution/Baden_1818 "IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 211-212: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index= The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840 |
| Ghana | Freedom of Religion | History | The Constitution of Ghana was ratified 28 April 1992. Articles 12.2, 17.2, 17.3, 21.1(c), and 26.1 grant religious freedom, equality, and prohibit religious discrimination. Article 21 Section 1.c states that “[a]ll persons shall have the right to… freedom to practice any religion and to manifest such practice…”.
Parliament of Ghana. “The Constitution of the Republic of Ghana 1992.” Judicial Service of Ghana. Republic of Ghana Judiciary , 1992. Last modified 1992. Accessed June 14, 2022. https://www.judicial.gov.gh/index.php/preamble. “Ghana 1992 (Rev. 1996) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Ghana_1996. |
| Greece | Freedom of Religion | History | The Constitution of Greece was ratified 11 June 1975. Part 1 Section II Article 3.1-2 of Greece’s constitution establishes “[t]he prevailing religion in Greece is that of the Eastern Orthodox Church of Christ…” and that “the ecclesiastical regime existing in certain districts of the State shall not be deemed contrary to the provisions of the preceding paragraph” (constituteproject.org). Articles 5.2 and 13 protect religious freedom, equality, and prohibit religious discrimination. Part 2 Article 13.1-2 states that “Freedom of religious conscience is inviolable. The enjoyment of civil rights and liberties does not depend on the individual's religious beliefs. All known religions shall be free and their rites of worship shall be performed unhindered and under the protection of the law. The practice of rites of worship is not allowed to offend public order or the good usages. Proselytism is prohibited” (constituteproject.org).
“Greece 1975 (Rev. 2008) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Greece_2008. Hellenic Parliament. “001-156 Syntagma UK New - Hellenic Parliament.” Hellenic Parliament. Hellenic Parliament, 2008. Last modified 2008. Accessed June 14, 2022. https://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/001-156%20aggliko.pdf. |
| Grenada | Freedom of Religion | History | The Grenada Constitution of 1973 was ratified on 19th of December 1973. It grants religious freedom, equality, and prohibits religious discrimination. The preamble acknowledges the supremacy of God. Chapter I Article 9.1-6 states “[e]xcept with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance” (constituteproject.org).
“Grenada 1973 (Reinst. 1991, Rev. 1992) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Grenada_1992. Government of Grenada . “The Grenada Constitution.” Government of Grenada. Government of Grenada , 1973. Last modified 1973. Accessed June 14, 2022. http://gov.gd/index.php/government/the-constitution. |
| Guatemala | Freedom of Religion | History | Guatemala’s first state constitution was enacted in 1825 however it stated that the country’s official religion is to be the Roman Catholic Apostolic Religion. However, the freedom to identify with, or practice, alternative religions first was asserted in 1839 under Decree Number 76, which is titled the “Law of Guarantees.” Article III states, “The Roman Catholic Apostolic Religion is that of the State; it shall be protected by the laws, and its establishments and ministers respected, but those who may be of another faith shall not be molested therefor.”
Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 19, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzgt0087&collection=cow |
| Guinea | Freedom of Religion | History | Article 41 of the 1958 Constitution of the Republic of Guinea guaranteed freedom of conscience.
In the 2010 Constitution of the Republic of Guinea. Articles 1, 4, 7, 8, 11, and 14 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Guinea a secular state. Article 14 of Guinea’s constitution establishes that “the free exercise of worship [culte] is guaranteed, under reserve of the respect for the law and the public order. The religious institutions and communities are created and administered freely” (constituteproject.org). References: 1958 Guinea Constitution: République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm. “Guinea 2010 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guinea_2010. |
| Guinea-Bissau | Freedom of Religion | History | Freedom of worship was guaranteed in Article 17 of Guinea-Bissau’s 1973 Constitution.
The Constitution of Guinea-Bissau was ratified on 6 May 1984. Articles 6.2, 24, 31.2, and 52 grant religious freedom, equality, and prohibit religious discrimination. Articles 1 and 130 declares Guinea-Bissau a secular state; and Article 6.1 declares a separation between church and state. Article 52 Sections 1-3 of the constitution establishes that “1. Freedom of conscience and of religion is inviolable. 2. All are assured the liberty of worship, which in no manner may violate the fundamental principles established by this Constitution. 3. The freedom to teach any religion under its denomination is guaranteed” (constituteproject.org). References: Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s “Guinea-Bissau 1984 (Rev. 1996) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guinea_Bissau_1996. |
| Guyana | Freedom of Religion | History | Article 11 of the 1966 Constitution protected freedom of conscience, described as including: "freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others. and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance."
The Constitution of the Co-operative Republic of Guyana Act was ratified 20th February, 1980. Articles 38(f), 145.2, and 145.3 grant religious freedom, equality, and prohibit religious discrimination. Articles 212B(a) and 212D(f) establish an Ethnic Relations Commission to protect religious diversity. Article 145 Sections 1-6. Section 1 states that “[e]xcept with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance” (constituteproject.org). References: 1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf. Parliament of Guyana. “Constitution of the Co-Operative Republic of Guyana Act .” Parliament Government of Guyana. National Assembly of the Parliament of Guyana, January 2012. Last modified January 2012. Accessed June 14, 2022. https://parliament.gov.gy/Constitution%20of%20the%20Cooperatiive%20Republic%20of%20Guyana.pdf. “Guyana 1980 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guyana_2016. |
| Haiti | Freedom of Religion | History | Haiti enacted its first constitution in 1801 which asserted the Catholic religion, Roman and Apostolic, to be the only religion “publicly professed,” (Mitch Abidor 2019). In 1805 however, Haiti enacted a new constitution that effectively retracts the Catholic religion as the official religion of the country. Furthermore, it states that “The freedom of worship is tolerated.” (“Haiti: 1805 Constitution” 1805).
In the 1987 Constitution of Haiti, Articles 30, 30-1, and 30-2 grant religious freedoms. Section D Article 30 of the Haitian constitution states that “[a]ll religions and faiths shall be freely exercised. Everyone is entitled to profess his religion and practice his faith, provided the exercise of that right does not disturb law and order” (constituteproject.org). Sources Mitch Abidor. 2019. “Constitution of 1801 by Haiti 1801.” Marxists.org. 2019. https://www.marxists.org/history/haiti/1801/constitution.htm. “Haiti: 1805 Constitution.” 1805. Faculty.webster.edu. 1805. http://faculty.webster.edu/corbetre/haiti/history/earlyhaiti/1805-const.htm. "Constitution for the Republic of Haiti, 1987": https://www.wipo.int/wipolex/en/text/217597 “Haiti 1987 (Rev. 2012) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Haiti_2012. |
| Honduras | Freedom of Religion | History | The Political Constitution of the Republic of Honduras was ratified on 11 January 1982. Articles 77 grants freedom of religion. Articles 60 and 61 bans all forms of discrimination and grants equality for all. The constitution of Honduras protects freedom of religion under Article 77 which states: “The free exercise of all religions and cults is guaranteed without preference to one, provided they do not violate the law and public order. Ministers of the various religions may not hold public office or engage in any form of political propaganda, invoking religious motives or, as a means to such end, thus taking advantage of the religious beliefs of the people” (constituteproject.org). “Honduras 1982 (Rev. 2013) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Honduras_2013. |
| Hungary | Freedom of Religion | History | Law 20 of 1848 asserted equality among confessions in Hungary.
Article 54 of the 1949 Hungary Constitution guaranteed citizens "freedom of conscience and the right to free exercise of religion." The Fundamental Law of Hungary was ratified 18 on April 2011. The preamble distinguishes Christianity’s role in preserving nationhood. Articles 7, 9.5, 14.3, 15.2, and 37.4 grant religious freedom, equality, and prohibit religious discrimination. Article 7 states that “[e]veryone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change one's religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practise or teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life” (constituteproject.org). References: Hungary Loi 20 de 1848: F.R. Dareste; P. Dareste. Constitutions Modernes: Recueil des Constitutions en Vigueur dans les Divers Etats d'Europe, d'Amerique et du Monde Civilise (3). https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/comorcv0001&collection=cow&index=cow/comorcv516&id=516# 1949 Hungary Constitution: English translation of the Hungarian original text of the Constitution of 1949 669 (2013) Chapter 8: Rights and Duties of Citizens https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults “Hungary 2011 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Hungary_2016. Ministry of Justice 2017. “The Fundamental Law of Hungary.” Website of the Hungarian Government. National Assembly of Hungary , May 19, 2017. Last modified May 19, 2017. Accessed June 14, 2022. https://2015-2019.kormany.hu/download/a/68/11000/The_Fundamental_Law_of_Hungary_01072016.pdf. |
| Iceland | Freedom of Religion | History | The Constitution of the Republic of Iceland was ratified on June 17, 1944. Article 62 establishes that “the Evangelical Lutheran Church shall be the State Church in Iceland and, as such, it shall be supported and protected by the State. This may be amended by law.” Articles 63, 64, and 65 grant religious freedom and equality. Article 63 states that “all persons have the right to form religious associations and to practice their religion in conformity with their individual convictions. Nothing may however be preached or practised which is prejudicial to good morals or public order” (constituteproject.org).
“Iceland 1944 (Rev. 2013) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Iceland_2013. National Parliament of Iceland. “Constitution of the Republic of Iceland.” Government of Iceland. Prime Minister's Office , June 24, 1999. Last modified June 24, 1999. Accessed June 14, 2022. https://www.government.is/library/01-Ministries/Prime-Ministrers-Office/constitution_of_iceland.pdf. |
| India | Freedom of Religion | History | The Constitution of India was ratified on November 29, 1949. Articles 15, 16.2, 23.2, 25, 26, 27, 29.2, 30, and 325 grant religious Freedom, equality, and prohibit religious discrimination. Article 371 grants special religious protections throughout various states and religions of India.
Article 25 Section 1 states that “[s]ubject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion” (constituteproject.org). According to the US Department of State in 2021, “ten of 28 states have laws restricting religious conversions. Four state governments have laws imposing penalties against so-called forced religious conversions for the purpose of marriage…” (state.gov). Constituent Assembly. “The Constitution of India.” Government of India. Department of Legislation , November 26, 2021. Last modified November 26, 2021. Accessed June 14, 2022. https://legislative.gov.in/sites/default/files/COI...pdf. “India - United States Department of State.” U.S. Department of State, June 10, 2022. https://www.state.gov/reports/2021-report-on-international-religious-freedom/india/. “India 1949 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/India_2016. |
| Indonesia | Freedom of Religion | History | The Indonesia Constitution was ratified on August 18, 1945. Articles 28E, 28I, and 29.2 grant religious freedom; articles 28B and 28I prohibit any basis of discrimination. The preamble and article 29.1 states that the state of Indonesian is based on the One and Only God. Article 29 Section 2 states: "The State guarantees all persons the freedom of worship, each according to his/her own religion or belief." (constituteproject.org).
According to the US Department of State in 2021, “The constitution states citizens must accept restrictions established by law to protect the rights of others and to satisfy, as noted in the constitution, ‘just demands based upon considerations of morality, religious values, security, and public order in a democratic society.’” “Indonesia - United States Department of State.” U.S. Department of State, June 2, 2022. https://www.state.gov/reports/2021-report-on-international-religious-freedom/indonesia/. “Indonesia 1945 (Reinst. 1959, Rev. 2002) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Indonesia_2002. |
| Iran | Freedom of Religion | History | The Constitution of the Islamic Republic of Iran was ratified on December 3, 1979. Articles 12 and 13 establish religious freedoms and restrictions in Iran. Article 12 states that “the official religion of Iran is Islam and the Twelver Ja'farî school [in usul al-Dîn and fiqh], and this principle will remain eternally immutable… These schools enjoy official status in matters pertaining to… affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law” while Article 13 provides for freedom of other religious minorities “Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education” (constituteproject.org).
References: “Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Iran_1989. Ramazani, Rouhollah K. “Constitution of the Islamic Republic of Iran.” Middle East Journal 34, no. 2 (1980): 181–204. http://www.jstor.org/stable/4326018. |
| Iraq | Freedom of Religion | History | Article 13 of the 1925 Iraq Constitution stated: "Islam is the official religion of the State. Freedom to practise the rites; of the different sects of that religion, as observed in Iraq, is guaranteed. Complete freedom of conscience and freedom to practise the various forms of worship, in conformity with accepted customs, is guaranteed to all inhabitants of the country provided that such forms of worship do not conflict with the maintenance of order and discipline or public morality."
The Constitution of the Republic of Iraq was ratified on September 18, 2005. Article 2.1 declares Islam the official religion of Iraq and foundation source of legislation: “Islam is the official religion of the State and is a foundation source of legislation. No law may be enacted that contradicts the established provisions of Islam…” Articles 2.2, 10, 14, 37.2, 41, and 43 grant religious freedom, equality, and prohibit religious discrimination. Article 2.2 states that “[t]his Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans” (constituteproject.org). References: Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html “Iraq 2005 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Iraq_2005. |
| Israel | Freedom of Religion | History | Freedom of religion is established in the 1992 Basic Law: Human Dignity and Liberty. This law describes Israel as a “Jewish and democratic state”, but also “references the Declaration of the Establishment of the State of Israel, which protects freedom to practice or not practice religious beliefs, including freedom of conscience, faith, religion, and worship, regardless of an individual’s religion” (state.gov).
The Declaration of the Establishment of the State of Israel, promulgated in 1948, stated: "THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations." "Declaration of the Establishment of the State of Israel: https://www.gov.il/en/departments/general/declaration-of-establishment-state-of-israel Israel, West Bank and Gaza - United States Department of State. Accessed July 21, 2023. https://www.state.gov/reports/2021-report-on-international-religious-freedom/israel-west-bank-and-gaza/. |
| Italy | Freedom of Religion | History | The Constitution of the Italian Republic was ratified on 22 December 1947. Article 7 states a separation between the state of Italy and the Catholic Church. Articles 3, 8, 19, and 20 grant religious freedom and equality. Article 8 of the Italian Constitution states: “All religious denominations are equally free before the law” but stipulates that “Denominations other than Catholicism have the right to self-organisation according to their own statutes, provided these do not conflict with Italian law” (constituteproject.org). “Italy 1947 (Rev. 2020) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Italy_2020. |
| Ivory Coast | Freedom of Religion | History | The Constitution of the Republic of Ivory Coast was ratified on October 30, 2016. Articles 4, 14, 19, and 23 grant religious freedom, equality, and prohibit religious discrimination. The preamble, articles 49, and 178 declare Ivory Coast to be a secular state. Article 19 states: "Freedom of thought and freedom of expression, particularly, freedom of conscience, of philosophical and religious conviction or of worship are guaranteed to everyone. Everyone has the right to express and disseminate their ideas freely. These freedoms are exercised subject to respect for the law, for the rights of others, for national security and for public order. Any propaganda whose objective or outcome is to elevate one social group above another, or to encourage racial, tribal or religious, hatred is prohibited."(constituteproject.org). “Côte d’Ivoire 2016 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Cote_DIvoire_2016. |
| Jamaica | Freedom of Religion | History | The Jamaican Order in Council was ratified in 1962. Articles 13, 14(a), and 17 grant religious freedom, equality, and prohibit religious discrimination. Jamaican Legislature. “The Jamaica (Constitution) Order in Council 1962 .” Jamaican Informational Service . Jamaican Informational Service , 2017. Last modified 2017. Accessed June 16, 2022. https://jis.gov.jm/media/Ja-Constitution-Order-in-Council-1962-full.pdf. |
| Japan | Freedom of Religion | History | Article 28 of the 1889 Japan Constitution stated: "Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief." Article 20 of the 1946 Constitution offered a more detailed discussion of freedom of religion: "Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority. No person shall be compelled to take part in any religious act, celebration, rite or practice. The State and its organs shall refrain from religious education or any other religious activity."
References: 1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889 1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html |
| Jordan | Freedom of Religion | History | The Constitution of the Hashemite Kingdom of Jordan was ratified in 1952. Articles 6 and 14 grant religious freedom, equality, and prohibit religious discrimination. Article 2 declares Islam the official religion.
1952. The Constitution of the Hashemite Kingdom of Jordan. July 11. https://www.refworld.org/pdfid/3ae6b53310.pdf. Hashemite Kingdom of Jordan Constitutional Court “Jordanian Constitution.” CCO. Hashemite Kingdom of Jordan Constitutional Court, 2022. Last modified 2022. Accessed June 17, 2022. https://cco.gov.jo/en-us/Jordanian-Constitutional. |
| Kazakhstan | Freedom of Religion | History | Articles 1 and 10 of the 1993 Kazakhstan Constitution bear in part upon freedom of religion, but Article 12 speaks to this right most directly: "A citizen of the Republic shall be guaranteed freedom of conscience - the right to independently determine his attitude towards religion, to profess any of them or to profess none, to disseminate views, connected with the attitude towards religion, and to act in accordance with them".
References: "The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 110-112 |
| Kenya | Freedom of Religion | History | The right to freedom of religion can be found in Kenya’s Independence Constitution of 1963, ratified on December 10, 1963. Article 22, Part 1 states: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance." . (“The Constitution of Kenya”, 1963). Exceptions to this were conceived in terms of laws "(a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion." The language in the 1963 Constitution is repeated in the 1969 Constitution, at Article 79.1.
In the 2010 Constitution, articles 21.3, 27.4, and 32 grant religious freedom, equality, and prohibit religious discrimination. The Preamble acknowledges the supremacy of God, Article 8 declares no state religion. References: 1963 Constitution of Kenya: English official original text of the Constitution of 1963 as appended to the Kenya Independence Order in Council 1963. 40 (1963) Chapter II: Protection of Fundamental Rights and Freedoms of the Individual: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzke0008&id=41&men_tab=srchresults 1969. The Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1. KLRC. “Home.” Kenya Law Reform Commission (KLRC). KLRC, 2022. Last modified 2022. Accessed June 17, 2022. https://www.klrc.go.ke/index.php/constitution-of-kenya. |
| Kingdom of the Netherlands | Freedom of Religion | History | The Constitution of the Kingdom of the Netherlands was ratified on 29 March 1814. Articles 1, 6.1, 23.3, and 23.5 grant religious freedom, equality, and prohibit religious discrimination. Article 6 Section 1 of this constitution states “[e]veryone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law” (constituteproject.org).
Ministerie van Binnenlandse Zaken en Koninkrijksrelaties. “The Constitution of the Kingdom of the Netherlands 2008.” Government of the Netherlands. Ministerie van Algemene Zaken, April 29, 2014. Last modified April 29, 2014. Accessed June 23, 2022. https://www.government.nl/documents/regulations/2012/10/18/the-constitution-of-the-kingdom-of-the-netherlands-2008. “Netherlands 1814 (Rev. 2008) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Netherlands_2008. |
| Kiribati | Freedom of Religion | History | The Constitution, contained within the Independence Order of Kiribati ratified on July 12, 1979, established freedom of religion in Kiribati. The right can be located in Chapter II, Article 11, Part 1 (“Kiribati Independence Order of 1979”, 1979).
1979. Kiribati Independence Order of 1979. July 12. https://constitutionnet.org/sites/default/files/Kiribati%20Constitution.pdf. PACII. “Constitution of Kiribati.” Pacific Islands Legal Information Institute . University of the South Pacific School of Law, May 6, 2022. Last modified May 6, 2022. Accessed June 17, 2022. http://www.paclii.org/ki/legis/consol_act/cok257.pdf. |
| Kuwait | Freedom of Religion | History | The first assertion of the right to freedom of religion in Kuwait is in the Constitution of 1962, ratified on November 11, 1962. The right can be found in Part III, Article 35. Part 1, Article 2 establishes the official religion as Islam (“Kuwait 1962 Constitution”, 1962). “Kuwait 1962 Constitution.” 1962. Constitute Project. November 11. https://www.constituteproject.org/constitution/Kuwait_1992?lang=en. |
| Kyrgyzstan | Freedom of Religion | History | According to Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Every person in the Kyrgyz Republic shall enjoy the right ... to freedom of creed, spirit and worship". A general assertion of freedom of expression is offered in the same article.
References: 1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html |
| Laos | Freedom of Religion | History | Laos first established the right to freedom of religion in the 1991 Constitution, ratified on August 15. The right can be found in Chapter 1, Article 9 (“CONSTITUTION OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC”, 1991). “CONSTITUTION OF THE LAO PEOPLE’S DEMOCRATIC REPUBLIC.” 1991. International Labour Organization. August 15. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/75323/87941/F1091614924/LAO75323.pdf. |
| Latvia | Freedom of Religion | History | The first assertion of freedom of religion is in the 1922 Latvian Constitution, ratified on February 15th. The right can be found in Chapter VIII, Article 99 (“Latvia 1922 Constitution”, 1922).
“Latvia 1922 Constitution.” 1922. Constitute Project. February 15. https://www.constituteproject.org/constitution/Latvia_2016. The Constitutional Assembly. “Latvijas Republikas Satversme.” LIKUMI Latvia . Latvijas Vēstnesis, 1993. Last modified 1993. Accessed June 17, 2022. https://likumi.lv/ta/en/en/id/57980. |
| Lebanon | Freedom of Religion | History | The first assertion of freedom of religion in Lebanon was in their 1926 Constitution, ratified on May 23. Articles 9, 10, 19, and 22 grant religious freedom, equality, and prohibit religious discrimination. (“The Lebanese Constitution”, 1926). 1926. The Lebanese Constitution. Lebanese Parliament. May 23. https://www.lp.gov.lb/backoffice/uploads/files/Lebanese%20%20Constitution-%20En.pdf. |
| Lesotho | Freedom of Religion | History | Freedom of conscience was guaranteed in the 1966 Lesotho Constitution. The right to religious freedom in Lesotho can be found in the 1993 Constitution, ratified on April 2nd. Articles 4.1, 13, 16.1, 18.3, 18.5, and 26.1 grant religious freedom, equality, and prohibit religious discrimination. (“Lesotho 1993 Constitution”, 1993).
References: 1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737. “Lesotho 1993 Constitution.” 1993. Constitute Project. April 2. https://www.constituteproject.org/constitution/Lesotho_2018. |
| Liberia | Freedom of Religion | History | The Liberian Constitution of 1847 is the first document in the country’s history to assert freedom of Religion. Article 3 of the document specifically outlines this right.
More recently, the Constitution of the Republic of Liberia was ratified on 6 January 1986. Articles 14, and 18 grant religious freedom, equality, and prohibit religious discrimination. Articles 14 declares a separation between religion and the state. “Constitutional Convention of 1847.” Government of Liberia. Accessed June 25, 2023. http://crc.gov.lr/doc/CONSTITUTION%20OF%201847%20final.pdf National Constitution Committee. “1986 Constitution of the Republic of Liberia.” Judiciary of the Republic of Liberia. Supreme Court of Liberia, 1986. Last modified 1986. Accessed June 17, 2022. http://judiciary.gov.lr/wp-content/uploads/2017/11/CONSTITUTION-OF-THE-REPUBLIC-OF-LIBERIA.pdf. |
| Libya | Freedom of Religion | History | Article 21 of Libya’s 1951 Constitution contains the first assertion of freedom of religion in the state’s independent history. However, Libya has gone through significant changes in government since the founding of this document. Under the 2011 Constitution Article 6 grants freedom of religion and prohibits religious discrimination. Article 1 declares Islam the official religion of Libya.
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| Liechtenstein | Freedom of Religion | History | Liechtenstein’s 1862 Constitution is the first document in the country’s history to assert freedom of religion. Article 8 of the document specifically defines this right, stating that “freedom of the person and of external worship are guaranteed.”
In the 1921 Constitution of the Principality of Liechtenstein, Articles 37.1 and 39 grant religious freedom, and Article 37.2 declares the Roman Catholic Church is the official church. Article 37 states: “1) Freedom of religion and conscience shall be guaranteed for all. 2) The Roman Catholic Church is the National Church and as such shall enjoy the full protection of the State; other denominations shall be entitled to practice their creeds and to hold religious services within the limits of morality and public order.” “Constitution of 26 September 1862.” World Constitutions Illustrated, Heinonline. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzli0005&i=2 Parliament of Liechtenstein. “Constitution of the Principality of Liechtenstein.” State Administration of the Principality of Liechtenstein. State Administration of the Principality of Liechtenstein, 2014. Last modified 2014. https://www.llv.li/files/rdr/Verfassung-E-01-02-2014.pdf |
| Lithuania | Freedom of Religion | History | The first assertion of freedom of religion in Lithuania’s post-Soviet history is contained in the country’s 1992 Constitution. Articles 26, 27, and 43 grant religious freedom, equality, and prohibit discrimination. Article 43 asserts that there shall be no state religion in Lithuania.
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| Luxembourg | Freedom of Religion | History | Luxembourg’s Constitution of 1848 was the first document to guarantee freedom of religion in the country’s independent history. Articles 20 and 21 specifically outline this right.
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| Madagascar | Freedom of Religion | History | Article 39 of Madagascar’s 1975 Constitution contains the first assertion of freedom of religion in the country’s independent history. However, the preamble of the country’s 1959 Constitution does protect freedom of speech, assembly, and association which may have helped protect freedom of religion to an extent.
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| Malawi | Freedom of Religion | History | The first assertion of freedom of religion in Malawi’s independent history is contained in the country’s 1964 Constitution. Article 19(1) specifically defines this right: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.”
References: “Constitution of Malawi.” Citizenship Rights Africa. Accessed July 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf |
| Malaysia | Freedom of Religion | History | Article 11, Clause 1 of Malaysia’s 1957 Constitution contains the first assertion of freedom of religion in the country’s independent history: "Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it." The article’s 4th clause, to which clause 1 referred, stipulates that “State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.” Furthermore, Article 11, Clause 5 offers a further condition: "This Article does not authorize any act contrary to any general law relating to public order, public health or morality." Article 11, Clause 2 asserted that citizens would not be required to pay taxes in support of any religion that was not their own, and Article 11, Clause 3 specified the rights of religious groups: "Every religious group has the right - (a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes; and (c) to acquire and own property and hold and administer it in accordance with law." Finally, Article 3, Clause 1 offers a general guarantee of freedom of religious practice: "Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation."
References: 1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html |
| Maldives | Freedom of Religion | History | {{{contents}}} |
| Mali | Freedom of Religion | History | Article 4 of Mali’s Fundamental Law No. 1 (1991) contains the first assertion of freedom of religion in Mali’s independent history. This was followed up by a 1992 Constitution which also protected the right.
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| Malta | Freedom of Religion | History | Article 40(1) of Malta’s 1964 Constitution contains the first guarantee of freedom of religion in the country’s independent history. Meanwhile, Article 2 states that the country’s official faith is the Roman Catholic Apolistic Religion.
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| Marshall Islands | Freedom of Religion | History | The Marshall Islands’ Constitution of 1979 contains the first assertion of freedom of religion in the country’s independent history. Section 1 specifically outlines this right.
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| Mauritania | Freedom of Religion | History | Article 2 of Mauritania’s 1959 Constitution contains the first assertion of freedom of religion in the country’s independent history. The document also states that “the religion of the Mauritanian people is the Muslim religion.”
Mauritania’s 1991 constitution was adopted on 12 July of that year. The preamble and Article 1 guarantee equality under the law, however it does not include religion as a distinct protected class. Article 5 declares that Islam is the state religion. “Islamic Republic of Mauritania Constitution of 22 March 1959.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmr0017&i=3 Constitution Project. “Mauritania 1991 (Rev. 2012) Constitution.” Constitute. POGO , April 27, 2022. Last modified April 27, 2022. Accessed June 21, 2022. https://www.constituteproject.org/constitution/Mauritania_2012?lang=en. |
| Mauritius | Freedom of Religion | History | The Constitution of the Republic of Mauritius was ratified on 12 March 1968. Articles 11 and 14.1 grant religious freedom, equality, and prohibit religious discrimination.
Mauritius National Assembly. Mauritius National Assembly. Mauritius Government, May 2018. Last modified May 2018. Accessed June 21, 2022. https://mauritiusassembly.govmu.org/. “Mauritius 1968 (rev. 2016).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mauritius_2016 |
| Mexico | Freedom of Religion | History | The Political Constitution of the Mexican United States was ratified on 5 February 1917. Articles 1, 3.2(c), 24, 27.2, 130(b-d) grant religious freedom, equality, and prohibit religious discrimination. Article 130 declares a separation of church and state; and that religious minister cannot promote candidate, nor attack national symbols.
Article 24 of Mexico’s 1917 Constitution, which is still in use today, contains the first assertion of freedom of religion in the country’s post-revolutionary history. However, prior to the 1910 Revolution, the first amendment to the country’s 1859 Constitution (also known as the Law of September 25, 1873) did state that the legislature should not adopt any law that established or forbid a religion. Constituent Congress of 1917. “Koxtitusion Poríitika Mejikopo Nesaweme Constitución ... - Senado.gob.mx.” Senate of the Republic. Mexican Government, 2005. Last modified 2005. Accessed June 21, 2022. https://www.senado.gob.mx/comisiones/puntos_constitucionales/docs/CPM_INGLES.pdf. “Constitution.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmx0010&i=1 “Mexico 1917 (rev. 2015).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mexico_2015 |
| Moldova | Freedom of Religion | History | Constitution of the Republic of Moldova was ratified on 27 July 1994. Articles 10.2, 31, 32.3, and 35.8 grant religious freedom, equality, and prohibit religious discrimination. The preamble declares secular aspirations for the state of Moldova. Parliament of the Republic of Moldova. “Constitution of the Republic of Moldova .” Constitutional Court of the Republic of Moldova . Constitutional Court of the Republic of Moldova , 2022. Last modified 2022. Accessed June 21, 2022. https://www.constcourt.md/public/files/file/Actele%20Curtii/acte_en/MDA_Constitution_EN.pdf. |
| Monaco | Freedom of Religion | History | Article 10 of Monaco’s 1911 Constitution contains the first assertion of freedom of religion in the country’s history. The document was then heavily revised in 1962 and remains in use to this day. In the 1962 Constitution, Article 23 grants religious freedom. Article 9 declares Catholicism the official state religion.
“Constitution of Monaco.” World Constitutions Illustrated. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.beal/connat0002&i=474 Prince Rainer III and National Council of Monaco. Princely Government of the Principality of Monaco . Princely Government of the Principality of Monaco , 2002. Last modified 2002. Accessed June 21, 2022. https://en.gouv.mc/Government-Institutions/Institutions/Constitution-of-the-Principality#eztoc1036069_1. |
| Mongolia | Freedom of Religion | History | According to Chapter 1, Article 3(f) of the 1924 Constitution of the Mongolian People's Republic, "In order to secure for the toilers real freedom of conscience, the Church is separated from the State, and it is declared that religion is the private concern of each citizen."
Freedom of religion was later guaranteed in Article 81 of the 1940 Constitution of the Mongol People's Republic: "In the Mongol People's Republic religion is separated from the state and the school. Citizens of the Mongol People's Republic have freedom of religion and of antireligious propaganda." The Fundamental Law of Mongolia was ratified on 13 January 1992. Articles 14, 16.15, and 19.2 grant religious freedom, equality, and prohibit religious discrimination. Article 9 declares that the state may not engage in religious activities. References: 1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults “Constitution of the Mongol People’s Republic.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/cososnat0002&i=735 The People's Great Khural. “The Constitution of Mongolia.” Constitutional Court of Mongolia . Constitutional Court of Mongolia , 2022. Last modified 2022. Accessed June 21, 2022. https://www.conscourt.gov.mn/?page_id=842&lang=en. “Mongolia 1992 (rev. 2001).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mongolia_2001 |
| Montenegro | Freedom of Religion | History | According to Article 208 if the 1905 Constitution: "Liberty of conscience is unlimited. The recognized religious confessions are free and protected by the law in so far as the exercise of their cult does not offend public order and morals."
In the 1992 Constitution of the Republic of Montenegro, Articles 11, 34, 43, 67, 70, 74, and 76 grant extensive religious freedom, equality, and prohibit religious discrimination. Article 11 declares separation of church and state. In Montenegro’s Constitution of 2007, Article 46 specifically describes the freedom of religion, which is also alluded to in Article 14. 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index= The Assembly of the Republic of Montenegro. “Constitution of the Republic of Montenegro.” Government of Montenegro. Ministry of Justice, January 30, 2004. Last modified January 30, 2004. Accessed June 21, 2022. https://www.gov.me/en/documents/d7f0c262-dfa2-448b-a2c3-1e5ba628f2bb. “Montenegro 2007.” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Montenegro_2007 |
| Morocco | Freedom of Religion | History | Freedom of religion is protected in Morocco in tandem with the establishment of a state religion. Article 6 of the first Moroccan constitution of 1962 determines that Islam is the religion of the state while also protecting “the free exercise of beliefs [cultes]” for all (Hein Online). This right is still protected today under Article 3 of the current constitution (constituteproject.org).
"Fundamental Principles." Constitution of Morocco, pp. 562-563. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzma0011&i=1. “Morocco 2011 Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Morocco_2011. |
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