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South AfricaFreedom of ExpressionHistory

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“Constitution of the Republic of South Africa Act 200 of 1993 [repealed].”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 KoreaFreedom of ExpressionHistory

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 SudanFreedom of ExpressionHistory

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

SpainFreedom of ExpressionHistory

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 LankaFreedom of ExpressionHistory

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

SudanFreedom of ExpressionHistory

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

SurinameFreedom of ExpressionHistory

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

SwedenFreedom of ExpressionHistory

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

SwitzerlandFreedom of ExpressionHistory

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

SyriaFreedom of ExpressionHistory

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 PríncipeFreedom of ExpressionHistory

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

TajikistanFreedom of ExpressionHistory

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

TanzaniaFreedom of ExpressionHistory

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

ThailandFreedom of ExpressionHistory

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 BahamasFreedom of ExpressionHistory

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 GambiaFreedom of ExpressionHistoryThe first protection of the freedom of expression in The Gambia came in the 1996 constitution.
TogoFreedom of ExpressionHistory

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

TongaFreedom of ExpressionHistory

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 TobagoFreedom of ExpressionHistory

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

TunisiaFreedom of ExpressionHistory

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

TurkeyFreedom of ExpressionHistory

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

TurkmenistanFreedom of ExpressionHistory

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

TuvaluFreedom of ExpressionHistory

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/

UgandaFreedom of ExpressionHistory

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

UkraineFreedom of ExpressionHistory

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 EmiratesFreedom of ExpressionHistory

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 KingdomFreedom of ExpressionHistory

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 StatesFreedom of ExpressionHistory

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
UruguayFreedom of ExpressionHistory

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

UzbekistanFreedom of ExpressionHistory

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

VanuatuFreedom of ExpressionHistory

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

VenezuelaFreedom of ExpressionHistory

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

VietnamFreedom of ExpressionHistory

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

YemenFreedom of ExpressionHistory

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

ZambiaFreedom of ExpressionHistoryFreedom 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
ZimbabweFreedom of ExpressionHistory

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/

AfghanistanFreedom of ReligionHistory

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

AlbaniaFreedom of ReligionHistory

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

AlgeriaFreedom of ReligionHistory

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

AndorraFreedom of ReligionHistory

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

AngolaFreedom of ReligionHistory

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 BarbudaFreedom of ReligionHistory

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

ArgentinaFreedom of ReligionHistory

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

ArmeniaFreedom of ReligionHistory

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

AustraliaFreedom of ReligionHistory

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.

AustriaFreedom of ReligionHistory

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.

AzerbaijanFreedom of ReligionHistory

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.

BahrainFreedom of ReligionHistory

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.

BangladeshFreedom of ReligionHistory

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

BarbadosFreedom of ReligionHistory

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