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BelarusFreedom of ReligionHistory

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

BelgiumFreedom of ReligionHistory

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

BelizeFreedom of ReligionHistory

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

BeninFreedom of ReligionHistory

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

BhutanFreedom of ReligionHistory

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

BoliviaFreedom of ReligionHistory

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 HerzegovinaFreedom of ReligionHistory

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

BotswanaFreedom of ReligionHistory

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

BrazilFreedom of ReligionHistory

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.

BruneiFreedom of ReligionHistory

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

BulgariaFreedom of ReligionHistory

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 FasoFreedom of ReligionHistory

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

BurundiFreedom of ReligionHistory

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

CambodiaFreedom of ReligionHistory

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

CameroonFreedom of ReligionHistory

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

CanadaFreedom of ReligionHistory

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 VerdeFreedom of ReligionHistory

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 RepublicFreedom of ReligionHistory

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

ChadFreedom of ReligionHistory

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

ChileFreedom of ReligionHistory

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

ChinaFreedom of ReligionHistory

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

ColombiaFreedom of ReligionHistory

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

ComorosFreedom of ReligionHistory

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 RicaFreedom of ReligionHistory

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

CroatiaFreedom of ReligionHistory

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

CubaFreedom of ReligionHistory

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

CyprusFreedom of ReligionHistory

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.


International Labour Organization. Constitution of Cyprus 1960. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/47927/136251/F-1750868360/CYP47927_LEG_Constitution%201960.pdf

CIA World Factbook. Cyprus. https://www.cia.gov/the-world-factbook/countries/cyprus/

Czech RepublicFreedom of ReligionHistory

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.


International Labour Organization. Constitution of the Czech Republic https://www.ilo.org/dyn/travail/docs/1967/Constitution%20of%20the%20Czech%20Republic.pdf

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 CongoFreedom of ReligionHistory

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

DenmarkFreedom of ReligionHistory

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

DjiboutiFreedom of ReligionHistory

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

DominicaFreedom of ReligionHistory

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 RepublicFreedom of ReligionHistory

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 TimorFreedom of ReligionHistory

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.

EcuadorFreedom of ReligionHistory

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.

EgyptFreedom of ReligionHistory

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 SalvadorFreedom of ReligionHistory

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 GuineaFreedom of ReligionHistory

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

EritreaFreedom of ReligionHistory

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-

EstoniaFreedom of ReligionHistory

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

EswatiniFreedom of ReligionHistory

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

EthiopiaFreedom of ReligionHistory

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 MicronesiaFreedom of ReligionHistory

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/.

FijiFreedom of ReligionHistory

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.

FinlandFreedom of ReligionHistory

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

FranceFreedom of ReligionHistoryThe earliest documentation of freedom of religion in France is the Declaration of the Rights of Man and of the Citizen in 1798 (Britannica, "Declaration of the Rights of Man and of the Citizen," Article 10). The Law of Secularism, passed in 1905, establishes the separation of church and state, but favors traditionally "French" religions such as Catholicism, at the expense of others, like Islam (U.S. Department of State, "FRANCE 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT").
GabonFreedom of ReligionHistory

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.

GeorgiaFreedom of ReligionHistory

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.

“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.

GermanyFreedom of ReligionHistory

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

GhanaFreedom of ReligionHistory

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.