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The right to freedom of religion is interpreted and expressed in a number of different ways all over the world. Most modern states’ constitutions recognize freedoms of belief, faith, and practice of religion within their borders, so long as that practice does not pose a danger to the state or society. Many of these countries respect their citizens’ right to freedom of religion, though some do place certain restrictions on the right by requiring religious organizations to register, outlawing certain religious practices, or restricting religious toleration to a few choice faiths. The United States was one of the earliest countries to embrace the principle of freedom of religion, but its implementation of that right within its legal framework is rather unusual. While the country was founded upon the principles of liberty and freedom, it does not specify the right to religious freedom within its Constitution. Rather, the First Amendment of the Bill of Rights states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (United States Bill of Rights, Article I). This means that the government must respect the people’s religious freedom, but it does not specifically establish the right to the free practice of faith or belief. Of course, the right has been exercised freely throughout the country’s history, and over the years the courts have determined that the right is implied within the Constitution. Canada also guarantees the right to religious freedom, but it does so more directly than the United States. Its constitution guarantees that “freedom of conscience, religion, thought, belief, opinion, expression, and the right to equal protection and benefit of the law without discrimination based on religion” (U.S. State Department, “Canada,” 2018, 1). By directly invoking freedom of religion in its legal system, Canada leaves less to interpretation than the United States Bill of Rights. It also allows citizens to protect their own right to religious freedom by appealing directly to the right in legal cases. A 2018 U.S. State Department report on Canadian religious freedom notes that while Canadian law “imposes ‘reasonable limits’ on the exercise of these religious rights only where such restrictions can be ‘demonstrably justified in a free and democratic society,’” the law also “permits individuals to sue the government for ‘violations’ of religious freedom.” (U.S. State Department, “Canada,” 2018, 3).
Of course, not every country that guarantees the right to freedom of religion allows its citizens to exercise that right. The People’s Republic of China, for instance, guarantees its citizens the right to freedom of religion, but places heavy restrictions on the practice of that freedom. The U.S. State Department reports that the PRC government “limits protections for religious practice to ‘normal religious activities’ and does not define ‘normal,’” and that it “continues 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” (U.S. State Department, “China,” 2018, 1). The report also states that in 2018 “there continued to be reports of deaths in custody and that the government tortured, physically abused, arrested, detained, sentenced to prison, or harassed adherents of both registered and unregistered religious groups for activities related to their religious beliefs and practices” (U.S. State Department, “China,” 2018, 1). Reports show that Muslims have recently been the most heavily targeted religious group as the Chinese government continues to crack down on religious expression.
The Democratic People’s Republic of Korea is guilty of similar rights violations. While the North Korean constitution also guarantees freedom of religion for its citizens, the State Department reports that within the country“there was an almost complete denial by the government of the rights to freedom of thought, conscience, and religion, and in many instances, violations of human rights committed by the government constituted crimes against humanity” (U.S. State Department, “North Korea,” 2018, 1). While information on the North Korean government is notoriously difficult to acquire, accounts from witnesses and refugees indicate that the country is reluctant to allow the free practice of religion, and that it actively represses the people’s exercise of this right through the use of force. The State Department reports that “one [North Korean] refugee said there was no religious freedom in the country, and another said that if someone were found to be a Christian, he or she would immediately be shot.” (U.S. State Department, “North Korea,” 2018, 3). Such horrific conditions prove that while many states may claim to respect their citizens’ freedom of religion, this right is often subject to heavy regulation and restriction.
Iran is almost unique in its treatment of religious freedom, because its government does not guarantee the right at all. “The constitution defines the country as an Islamic republic, and specifies Twelver Ja’afari Shia Islam as the official state religion. It states all laws and regulations must be based on “Islamic criteria” and an official interpretation of sharia” (U.S. State Department, “Iran,” 2018, 3). The discussion of other religions is restricted within the country, and the constitution states that “no one may be ‘subjected to questioning and aggression for merely holding an opinion.’” According to the State Department, the law also “prohibits Muslim citizens from changing or renouncing their religious beliefs” (U.S. State Department, “Iran,” 2018, 3). This does not mean that minority religions are outlawed; recognized minority groups are allowed to operate private schools, though they are subject to a number of restrictions (U.S. State Department, “Iran,” 2018, 7). In such a theocracy, the exercise of religious freedom is very difficult and exceedingly dangerous.
Different countries interpret the right to freedom of religion in a number of varying ways, and this often leads governments to restrict their citizens’ exercise of that right. Most modern states guarantee the right within their constitutions, but the actual protection of citizens’ freedom of religion is not always observed in states controlled by authoritarian or oppressive regimes.
References:
United States, Congress, Bureau of Democracy, Human Rights, and Labor. IRAN 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. www.state.gov/wp-content/uploads/2019/05/IRAN-2018-INTERNATIONAL-RELIGIOUS-FRE EDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. CHINA (INCLUDES TIBET, XINJIANG, HONG KONG, AND MACAU) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT.
International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/CHINA-INCLUSIVE-2018-INTERNATIONAL-R ELIGIOUS-FREEDOM-REPORT.pdf.
Ochab, Ewelina U. “Is China Conducting A Crackdown On Religion?” Forbes, Forbes Magazine, 20 Apr. 2019, www.forbes.com/sites/ewelinaochab/2019/04/20/is-china-conducting-a-crackdown-on-religion/.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. ITALY 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/ITALY-2018-INTERNATIONAL-RELIGIOUS-FR EEDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. IRAN 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/IRAN-2018-INTERNATIONAL-RELIGIOUS-FRE EDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor.
DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (DPRK) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/KOREA-DEM-REP-2018-INTERNATIONAL-RE LIGIOUS-FREEDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. RUSSIA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/RUSSIA-2018-INTERNATIONAL-RELIGIOUS-F REEDOM-REPORT.pdf.
U.S. Mission Egypt, 23 June, 2019, Topics: News. “2018 Report on International Religious Freedom: Egypt.” U.S. Embassy in Egypt, 27 June 2019, eg.usembassy.gov/2018-report-on-international-religious-freedom-egypt/.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. BELARUS 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/BELARUS-2018-INTERNATIONAL-RELIGIOUS -FREEDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. CANADA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/CANADA-2018-INTERNATIONAL-RELIGIOUS- FREEDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. NEW ZEALAND 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/NEW-ZEALAND-2018-INTERNATIONAL-RELI GIOUS-FREEDOM-REPORT.pdf.
Regime type affects all facets of political life within a country, and the exercise of religious freedom is no exception. As might be expected, governments and societies in democratic states like New Zealand and Canada tend to show greater levels of respect for religious freedom than states with different regime types. Citizens living in states controlled by hybrid regimes tend to still experience some level of religious freedom, but this right is severely restricted by government-required registries and heavy oversight of religious practice. Autocracies, predictably, are the regime type that shows the least respect for their citizens’ right to religious freedom.
The right to religious freedom is expressed openly and without fear in the world’s most democratic states. Countries like New Zealand and Canada, both of which are listed among the most democratic states in the word, both stipulate in their constitutions that citizens shall enjoy total freedom of faith, belief, and religion. A 2018 U.S. State Department report on religious freedom in Canada mentions a constitutional guarantee that citizens shall enjoy “freedom of conscience, religion, thought, belief, opinion, expression, and the right to equal protection and benefit of the law without discrimination based on religion” (U.S. State Department, “Canada,” 2018, 1). New Zealand’s constitution makes a very similar guarantee, and both countries are reported to enjoy high levels of religious liberty. Discrimination on the basis of religion is usually outlawed in democratic states, and while religious intolerance may sometimes be observed in the form of citizen anti-semitism or vandalism, democratic governments as a whole work to limit any religious injustice within their borders. Even democracies with obvious religious majorities like Italy tend to allow the free exercise of religious practices, though most do require religious organizations to register with the government in order to receive tax exemptions (U.S. State Department, “Italy,” 2018, 1).
Hybrid regimes usually exert more significant influence over the exercise of religious freedom within their borders. Egypt, for example, is a state governed by limited democracy which also shows clear autocratic tendencies. In Egypt, “The constitution states that ‘freedom of belief is absolute’ and ‘the freedom of practicing religious rituals and establishing worship places for the followers of divine (i.e. Abrahamic) religions is a right regulated by law’” (U.S. State Department, “Egypt,” 2018). However, U.S. State Department reports show that these freedoms are subject to a number of restrictions. It mentions that Muslim citizens are prohibited from converting to a new relition under Egyptian law, and it notes that the Ministry of Interior Religious Affairs Department has the power to deny religious groups official recognition if they are determined to pose a threat to the nation (U.S. State Department, “Egypt,” 2018). A U.S. State Department report on religious freedom in Russia reveals a similar willingness within the Russian government to restrict religious practices if they are deemed “extremist” or “dangerous” (U.S. State Department, “Russia,” 2018). In hybrid regimes like Russia and Egypt, religious practice is protected but heavily regulated.
Autocratic regimes are generally the most restrictive of religious freedom. China, perhaps the world’s most powerful autocracy, shows the lack of respect that it has for its citizens’ religious convictions in its treatment of Muslims, in particular. The constitution of the People’s Republic of China allows for the free practice of approved religions, but a Forbes article from 2019 reports that “China is participating in the practice of forced conversion whereby Muslims are forced to ‘eat pork and drink alcohol’” (Ochab, “Is China Conducting a Crackdown On Religion?” 2019). A U.S. State Department report from 2018 similarly notes that “there continue to be reports of deaths in custody and that the government tortured, physically abused, arrested, detained, sentenced to prison, or harassed adherents of both registered and unregistered religious groups for activities related to their religious beliefs and practices” (U.S. State Department, “China,” 2018). Belarus, which is ruled by an authoritarian dictatorial regime, imposes similar restrictions on the free practice of religion. Like China, North Korea, and a number of other autocratic nations, Belarus guarantees religious freedom within its constitution but fails to guarantee this right for its citizens. However, a State Department report notes that Belarusian law “prohibits religious activities directed against the sovereignty of the state, its constitutional system, and ‘civic harmony’” (U.S. State Department, “Belarus,” 2018). It states that the Belarusian regime bans all religious activity by unregistered groups, and explains that there are a number of administrative and legal obstacles that prevent most religious organizations from being officially recognized (U.S. State Department, “Belarus,” 2018).
Regime type plays a significant role in determining the extent to which a government protects the exercise of religious freedom. In general, the more democratic a regime is, the more likely it is to guarantee and respect its citizens’ right to freedom of religion.
REFERENCES:
United States, Congress, Bureau of Democracy, Human Rights, and Labor. IRAN 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. www.state.gov/wp-content/uploads/2019/05/IRAN-2018-INTERNATIONAL-RELIGIOUS-FRE EDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. CHINA (INCLUDES TIBET, XINJIANG, HONG KONG, AND MACAU) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/CHINA-INCLUSIVE-2018-INTERNATIONAL-R ELIGIOUS-FREEDOM-REPORT.pdf.
Ochab, Ewelina U. “Is China Conducting A Crackdown On Religion?” Forbes, Forbes Magazine, 20 Apr. 2019, www.forbes.com/sites/ewelinaochab/2019/04/20/is-china-conducting-a-crackdown-on-religion/.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. ITALY 2018
INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/ITALY-2018-INTERNATIONAL-RELIGIOUS-FR EEDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. IRAN 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/IRAN-2018-INTERNATIONAL-RELIGIOUS-FRE EDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor.
DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (DPRK) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/KOREA-DEM-REP-2018-INTERNATIONAL-RE LIGIOUS-FREEDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. RUSSIA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/RUSSIA-2018-INTERNATIONAL-RELIGIOUS-F REEDOM-REPORT.pdf.
U.S. Mission Egypt, 23 June, 2019, Topics: News. “2018 Report on International Religious Freedom: Egypt.” U.S. Embassy in Egypt, 27 June 2019, eg.usembassy.gov/2018-report-on-international-religious-freedom-egypt/.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. BELARUS 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/BELARUS-2018-INTERNATIONAL-RELIGIOUS -FREEDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. CANADA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/CANADA-2018-INTERNATIONAL-RELIGIOUS- FREEDOM-REPORT.pdf.
United States, Congress, Bureau of Democracy, Human Rights, and Labor. NEW ZEALAND 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT. International Religious Freedom Report for 2018, www.state.gov/wp-content/uploads/2019/05/NEW-ZEALAND-2018-INTERNATIONAL-RELI GIOUS-FREEDOM-REPORT.pdf.
Article 18 of the Universal Declaration of Human Rights, a landmark document within the field of international human rights law, recognizes freedom of religion as a fundamental and intrinsic human right. It establishes the right to freedom of religion as encompassing an individual’s “freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance” (UN General Assembly 1948, 1). Since the adoption of the Universal Declaration by the United Nations General Assembly in December of 1948, freedom of religion is guaranteed in the charters and constitutions of several regional organizations, including the Organization of American States (OAS), the Council of Europe (CoE), and the African Union (AU), as well as their member states, reinforcing the belief that the right is fundamental and should generally be protected, with rare exceptions, on an international level. Individual states vary on their interpretation and length to which they guarantee the freedom, though a majority include it within their legal code and consider it a human right, with few nations serving as notable exceptions.
The right to freedom of religion is protected under international human rights law, appearing in various international documents and treaties, most markedly in the Universal Declaration of Human Rights and the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. The United Nations considers “that religion or belief, for anyone who professes either, is one of the fundamental elements in his conception of life and that freedom of religion or belief should be fully respected and guaranteed” (UN General Assembly 1981, 1). The organization expects its member states to promote and encourage universal respect and observance of the right, stating that the points set forth relating to freedom of religion in the UN Declaration on the Elimination of All Forms of Intolerance “shall be accorded in national legislation in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice”, with few exceptions: “Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others” (UN General Assembly 1981, 3). With 193 Member States, the UN is the world’s largest intergovernmental organization, pushing for the protection of the right to freedom of religion internationally and its recognition as a fundamental human right by all nations under international human rights law.
The Organization of American States (OAS) is an international organization that brings together “all 35 independent states of the Americas and constitutes the main political, juridical, and social governmental forum in the [Western] Hemisphere” (“OAS: Who We Are” 2023). It is committed to upholding freedom of religion, with the Declaration of the OAS General
Secretariat on the Promotion and Protection of Freedom of Religion or Belief reaffirming the organization’s belief that “guaranteeing freedom of religion or belief continues to be a fundamental responsibility of States” as it is “essential to understand that religious freedom or belief as a human right is, in turn, linked to the defense of the rights of all individuals and groups, in all areas” (“Declaration of the OAS General Secretariat.” 2023, 1). Currently, every country in the Americas includes a provision protecting freedom of religion in their constitution, though the United States Commission on International Religious Freedom raised concern for indigenous peoples in Latin America in their 2023 annual report: “Indigenous peoples in Latin America have long faced a series of collective and individual threats to the full enjoyment of their religious freedom and related rights” (75). It also focused on Cuba and Nicaragua as countries of particular concern, citing the Nicaraguan regime’s “campaign of harassment and severe persecution against the Catholic Church by targeting clergy, eliminating Church-affiliated organizations, and placing restrictions on religious observances” and the Cuban government’s tight control over religious “activity through surveillance, harassment of religious leaders and laypeople, forced exile, fines, and ill treatment of religious prisoners of conscience”. (20-30). The report did not note other concern or violation of freedom of religion in the Americas region in other states. The right is generally protected across America and is considered a fundamental human right.
Article 8 of the African Charter on Human and Peoples’ Rights, adopted by the African Union in 1981, states that “freedom of conscience, the profession and free practice of religion shall be guaranteed” and that “no one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms” (Organization of African Unity 1981, 4). The African Union is a continental union consisting of 55 member states, with a majority including provisions protecting freedom of religion in their constitutions, though there are a few countries where it is very limited or violated. The U.S. Commission on International Religious Freedom highlighted Eritrea, Mauritania, Nigeria, Central African Republic, and Egypt for a lack of religious freedom, citing instances of religious persecution and punishment for certain religious minorities (“2023 Annual Report” 2023, 11). The report did not find any serious violations in other African nations, with most prohibiting religious discrimination and allowing individuals to practice their religion. The Council of Europe (CoE) also holds freedom of religion to be a fundamental right, explicitly stating so in Article 9 in the Convention for the Protection of Human Rights and Fundamental Freedoms. The document states, “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance” noting few exceptions as “are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others” (European Court of Human Rights 1950, 11). With the end of the Cold War, virtually all of Europe has an unprecedented general freedom of religion guaranteed by their constitution (Juviler 2003, 859). However, there have been concerns with rising Islamophobic legislation, including the banning of particular religious clothing like burqas (U.S. Department of State 2022, 6). Though practices vary, the freedom is held in high standard and seen as a core human right.
The Asia Pacific Forum (APF) is a regional grouping of the Global Alliance of National Human Rights Institutions (GANHRI) that focuses on monitoring, promoting, and protecting human rights in Asia and the Pacific. It is a coalition of 25 independent national human rights institutions that aim to uphold human rights, including freedom of religion, educating and reaffirming the “purposes and principles of the Charter of the United Nations with regard to the promotion and encouragement of respect for all human rights and fundamental freedoms for all without distinction as to race, sex, language or religion” (Asia Pacific Forum 2013, 205). The Asia Pacific Forum notes that unlike other regions in the world, “there is no regional court or protection system in the Asia Pacific that people can turn to when their human rights are abused,” though they can help “shape laws, policies, practices and attitudes that create strong, fair and inclusive communities” to combat this (“About the Asia Pacific Forum 2023). Several countries in Asia were listed in the U.S. Commission on International Religious Freedom’s annual report on freedom of religion as countries of particular concern. It noted Afghanistan, China, Iran, Pakistan, Saudi Arabia, and Vietnam, among others (“2023 Annual Report” 2023,
11). Though most states in the continent protect freedom of religion in their legal code, there is quite a discrepancy in their practices and extent to which they safeguard it. The report noted that Vietnamese authorities “intensified their control and persecution of religious groups—especially unregistered, independent communities” while the Saudi government “continued to systematically deny non-Muslims the ability to build houses of worship or worship in public” and create anti-blasphemy and apostasy laws (“2023 Annual Report” 2023, 38-46). It further states that China “has become increasingly hostile toward religion, implementing campaigns to ‘sinicize’ Islam, Tibetan Buddhism, and Christianity to remove alleged ‘foreign influences’” and in Afghanistan the government of the “Taliban also either actively targets, discriminates against, or outright denies the existence of many vulnerable religious minorities” (“2023 Annual Report” 2023, 12-16).
On an international level, there is a belief that freedom of religion is a fundamental human right that should be protected, with few exceptions. Intergovernmental organizations, which a majority of the countries in the world belong to, such as the UN, the AU, and the CoE, reaffirm the importance of the right and push its members to uphold it. On an individual state by state basis, however, the amount of protection and importance the right receives varies. The majority of countries include provisions safeguarding freedom of religion in the constitution, but their rules and regulations differ, as well as their practices. Overall, the right to freedom of religion is generally regarded as an intrinsic and fundamental by a large number of states and other actors.
References:
“About the Asia Pacific Forum.” 2023. Asia Pacific Forum. Accessed July 4.
https://www.asiapacificforum.net/about/.
“Annual Report” 2023. United States Commission on International Religious Freedom.
https://www.uscirf.gov/sites/default/files/2023-05/2023%20Annual%20Report.pdf
Asia Pacific Forum. 2013. Human Rights Education: A Manual for National Human Rights
Institutions. Asia Pacific Forum National Human Rights Institutions. https://apf-
prod.s3.amazonaws.com/media/resource_file/2019_HRE_Manual_for_NHRIs.pdf?AWS
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uFkAwzEnE%3D&Expires=1688487584.
“Declaration of the OAS General Secretariat.” 2023. Organization of American States. General
Secretariat https://www.oas.org/en/media_center/press_release.asp?sCodigo=E-008/23.
European Court of Human Rights. 1950. European Convention on Human Rights. Council of
Europe. https://www.echr.coe.int/Documents/Convention_ENG.pdf.
Juviler, Peter. 2003. Freedom and Religious Tolerance in Europe . University of Michigan.
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1316&context=mjil.
“OAS: Who We Are.” 2023. Organization of American States.
https://www.oas.org/en/about/who_we_are.asp.
Organization of African Unity. 1981. African Charter on Human and Peoples’ Rights.
https://au.int/sites/default/files/treaties/36390-treaty-0011.pdf.
UN General Assembly. 1981. Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief, OHCHR.
https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination
UN General Assembly. 1948. Universal Declaration of Human Rights, 217 A (III),
https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf
U.S. Department of State. 2022. France 2022 International Religious Freedom Report.
https://www.state.gov/wp-content/uploads/2023/05/441219-FRANCE-2022-
INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf.
Under international human rights law, freedom of religion is a fundamental and generally protected right, with exceptions. Though states have their own rules and regulations curtailing the right to freedom of religion, they often fall under reasons that are generally viewed as legitimate by the international community, with those that do not being subject to scrutiny. There are a small, but prominent number of states that, despite this international pressure from intergovernmental organizations and other nations, restrict freedom of religion for reasons that do not fall under that category, most notably those with an authoritarian style of government (Majumdar and Villa 2020) . The UN’s Special Rapporteur on Freedom of Religion and Belief has also noted that there are governmental authorities that obstruct freedom of religion under the pretense of using generally accepted limitations, such as public safety, without clear evidence, using the “excuse to limit the rights of persons belonging to a religion or belief community that it finds inconvenient” (United Nations Human rights Council 2023, 27). While the majority of nations curtail freedom of religion for reasons that are widely viewed as permissible, there are various instances where these reasons are abused and the actions taken exceed international norms, with a small number of states consistently restricting the right for reasons regarded as unjustified. Article 1 of the United Nation’s Declaration on the Elimination of All Forms of Intolerance sets the international standard for permissible limitations to the right to freedom of religion as those that “are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others” (UN General Assembly 1981,
3). The United Nations further clarified these restrictions in paragraph 12 of the Commission on Human Rights resolution 2005/40 and paragraph 14 of the Human Rights Council resolution 6/37, stating that these limitations must be “applied in a manner that does not vitiate the right to freedom of thought, conscience and religion,” only being applied for its intended purpose, in a proportionate manner.
The Pew Research Center (PRC), a nonpartisan American think tank, produces annual reports analyzing the extent to which governments and societies around the world impinge on religious beliefs and practices, including countries that curtail the right for reasons not justified under international human rights law. It noted that “the global median level of government restrictions on religion – that is, laws, policies and actions by officials that impinge on religious beliefs and practices – [has] continued to climb” since PRC began tracking the data in 2007. It labeled 56 countries as having “high” or “very high” levels of government restrictions, or “28% of the 198 countries and territories included in the study” (Majumdar and Villa 2020, 5). The report looked at government laws, policies, and actions, as well as acts of religious hostilities by private individuals, organizations, or group societies, finding that “most of the 56 countries with high or very high levels of government restrictions on religion are in the Asia-Pacific region (25 countries, or half of all countries in that region) or the Middle East-North Africa region (18 countries, or 90% of all countries in the region)” (Majumdar and Villa 2020, 3-6). The scores states received depended in part on a series of questions that determined how governmental authorities handled religious freedom, including whether they were discriminatory towards certain religions in law and/or practice, used physical force, or passed laws that impeded the right. The 56 countries designated as having high or very high levels of governmental restrictions were found to curtail freedom of religion excessively, often for reasons that are not viewed as permissible under international human rights law, such as accusing religious practitioners of inciting dissent, engaging in blasphemy, or practicing an unpopular religion in the state, among others (Majumdar and Villa 2020, 10-11).
The Pew Research Center’s report, titled "In 2018, Government Restrictions on Religion Reach Highest Level Globally in More Than a Decade, named China and Iran as having the highest level of government restriction on religion. In China’s case, the report cited the government’s continued “detention campaign against Uighurs, ethnic Kazakhs and other Muslims in Xinjiang province, holding at least 800,000 (and possibly up to 2 million) in detention facilities ‘designed to erase religious and ethnic identities,’ according to the U.S. State Department,” as well as its prohibition of certain religious practices (Majumdar and Villa 2020, 8). The United States Commission on International Religious Freedom further denounced the Chinese government’s implementation of its “sinicization of religion” policy which demands that “religious groups support the Chinese Communist Party’s (CCP) rule and ideology,” punishing those that did not (United States Commision on International Religious Freedom 2022, 1). Iran was similarly criticized for its persecution of religious minorities, including the Iranian government’s continued usage of “antisemitic rhetoric to incite intolerance against Jews”, the sentencing of Christian “on national security grounds”, and repression of Sunni Muslims for arbitrary reasons (United States Commision on International Religious Freedom 2022, 27). These acts have received international backlash, drawing the concern from intergovernmental agencies like the UN, as well as other nations. The other 54 states listed as having high or very high governmental restrictions followed similar trends, making up 28% of the states and territories that were included in the study.
While a minority of governmental authorities actively curtail the right to freedom of religion for reasons that are not viewed as permissible by the international community, there is a larger number of states that do so for generally acceptable reasons but apply it in a manner inconsistent with international human rights law. The UN’s Special Rapporteur on Freedom of Religion and Belief delivered a report to the UN General assembly raising the concern that “the precise extent of such limitations in specific circumstances has become a salient topic in many countries,” with many governmental authorities obstructing freedom of religion under the pretense of using generally accepted limitations (United Nations Human rights Council 2023, 27). The Special Rapporteur recognized the “need to protect public safety and public order” but warns “there is a risk that States will cite them to justify restrictions on [freedom of religion or belief] imposed for reasons tantamount to national security interests, by arguing that a [religious or belief] group is engaged in political activities that endanger public safety and order” (Special Rapporteur 2018, 8). The report asserts that “laws on apostasy or blasphemy, which are often framed as ‘anti-incitement legislation’, [and] exist in at least 69 States, reflect the idea that the expression of certain views within a society may create ‘discontent’, subvert ‘national unity’ or undermine public order and public safety” (Special Rapporteur 2018, 9). They further mention that some “states have also adopted measures to address concerns that some religious publications (both online and off), including sacred texts, may constitute a threat to peace and security”, which can lead government authorities to ban or censor certain religious materials (Special Rapporteur 2018, 9). Critics have recently accused France of engaging in such activity, citing the “controversial Reinforcing Republican Principles Bill, also known as the Anti-Separatism Law,” passed by the National Assembly in 2021 (Freedom House 2022). Freedom House, a nonprofit organization that conducts research, reported that “claiming to combat ‘religious separatism,’ the law allows the government to dissolve religious organizations, increases the surveillance of mosques and Muslim associations, and requires the latter to sign a contract of ‘respect for Republican values’ when applying for state subsidies. Critics have warned that it particularly stigmatizes Muslims and could increase Islamophobic sentiment”
(Freedom House 2022). Though the state’s reasoning for limiting religious freedom may be viewed as permissible (national security concerns, public safety, etc.), these same limitations may become overextended and used in an oppressive manner.
Freedom of religion is protected under international human rights law, which allows for exceptions when limitations are needed to “protect public safety, order, health or morals or the fundamental rights and freedoms of others” (UN General Assembly 1981, 3) . Most states curtail the right for these reasons, however, there is a smaller percentage of countries that do not do so, acting in a more restrictive manner. Additionally, there are states that use the reasons that are generally viewed as permissive but apply it in a manner inconsistent with international human rights law.
References:
Freedom House."France: Freedom in the World 2022 Country Report." 2022.
Majumdar, Samirah, and Virginia Villa. "In 2018, Government Restrictions on Religion Reach Highest Level Globally in More Than a Decade." Pew Research Center, 2020.
Special Rapporteur. "Interim report of the Special Rapporteur on freedom of religion or belief."
United Nations General Assembly, 2018.
UN General Assembly. Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief. OHCHR, 1981.
United Nations Human rights Council. "Rapporteur"s Digest on Freedom of Religion or Belief"
United Nations. 2023.
https://www.ohchr.org/sites/default/files/Documents/Issues/Religion/RapporteursDige
stFreedomReligionBelief.pdf.
United States Commision on International Religious Freedom. "2022 Annual Report." 2022.
After witnessing the horror of religious warfare during the Reformation era, European philosophy began to explore the idea of religious toleration within political society. As the Enlightenment movement gained momentum during the seventeenth, eighteenth, and nineteenth centuries, western civilization turned to science, empiricism, and reason as sources of wisdom and knowledge. This movement was accompanied by a shift away from purely religious discourse as innovative thinkers began to take up more secular pursuits than they could have in centuries past. With this shift thinkers like Locke, Voltaire, Spinoza, and Williams began to question whether states had the right to dictate their subjects’ religious beliefs. These questions led these Enlightenment thinkers to begin believing that political society would better respect its citizens’ rights if it were to adopt policies of religious toleration.
Religious pluralism became a reality in Enlightenment-era Europe. The Protestant Reformation of the previous centuries had given rise to a number of Protestant-dominated secular states which had carved out a right to remain independent of the Catholic Church after decades of bloodshed and warfare. In the following centuries, thinkers like Spinoza and Voltaire reflected upon the dangers that intolerance can pose to a peaceful society. In 1670 Spinoza’s anonymously published “Treatise on Theology and Politics” radically asserted that “men are very prone to error on religious subjects, and, according to the diversity of their dispositions, are wont with considerable stir to put forward their own inventions, as experience more than sufficiently attests.” (Spinoza, “The Chief Works of Benedict De Spinoza,” 163). However, rather than calling for the abolition of religious toleration, Spinoza uses this idea that religious difference breeds conflict to suggest that states should abandon any effort to control their citizens’ beliefs, and should instead simply protect the people’s right to their own thoughts. In a state built on principles of toleration instead of religious unity, religious conflict would be less likely. A century later, Voltaire came to a similar conclusion in his 1775 “Treatise on Tolerance.” In this work, the Frenchman writes that “toleration, in fine, never led to civil war; intolerance has covered the earth with carnage,” and asserts that “the whole of our continent shows us that we must neither preach nor practise intolerance” (Voltaire, “Toleration and Other Essays-Online Library of Liberty”). By linking the idea of religious toleration to the need for states to maintain law and order within society, both Spinoza and Voltaire began to identify religious freedom as an essential facet of a well-ordered state.
Another important Enlightenment idea that contributed to the identification of the right to religious freedom was the argument that God may will that religious toleration be extended throughout the Christian world. After centuries of warfare, much of it based on the principle that members of the one true religion must fight infidels in the name of God, this was a relatively novel idea. In his 1644 work, The Bloudy Tenent of Persecution, Roger Williams rejects this idea and states that “it is the will and command of God, that (since the coming of his Son the Lord Jesus) a permission of the most pagan, Jewish, Turkish, or Antichristian consciences and worships, be granted to all men in all nations and countries...” (Williams, “The Bloudy Tenent of Persecution”). The Tenant even goes as far as to claim that “God requireth not an uniformity of religion to be enacted and enforced in any civil state…”(Williams, “The Bloudy Tenent of Persecution”). Williams’ work was not well-received by his audience in England, especially considering that the country was still in the midst of a religiously-motivated civil war. However, the idea that the civil state should not enforce any religion was hugely influential in the colony of Rhode Island, of which Williams is considered the sole founder. Decades later, in 1689 following the French King Louis XIV’s revocation of the Edict of Nantes, Locke wrote something very similar in his “Letter Concerning Toleration.” In this letter, he asserts that “the toleration of those that differ from others in matters of religion is so agreeable to the Gospel of Jesus Christ...that it seems monstrous for men to be so blind as not to perceive the necessity and advantage of it in so clear a light” (Locke, “A Letter Concerning Toleration”). The desire to follow God’s will had long guided European thoughts about the connection between church and state, but thinkers like Williams and Locke presented important challenges to this notion. This allowed for discussion over the right to religious freedom to flourish as the Enlightenment wore on.
Though discourse on religious toleration was still considered fairly radical during the seventeenth century, Enlightenment philosophers also questioned whether it was indeed even possible for a state to dictate its citizens’ religious beliefs. Spinoza’s “Treatise” is heavily concerned with the idea that a person’s right to think freely is a natural right which cannot be deprived by any political society. He writes that “however unlimited, therefore, the power of a sovereign may be, however implicitly it is trusted as the exponent of law and religion, it can never prevent men from forming judgments according to their intellect, or being influenced by any given emotion” (Spinoza, “The Chief Works of Benedict De Spinoza,” 194). This, Spinoza believes, necessarily implies that a state could never enforce a person’s belief or religious faith because it is not possible for a state to take a person’s mastery of their own thoughts. Voltaire expresses a similar sentiment in his essays when he states that “it does not depend on man to believe or not to believe: but it depends on him to respect the usages of his country” (Voltaire, “Toleration and Other Essays-Online Library of Liberty”). Writing about a century after Spinoza, Voltaire also explored the idea that the state is unable to change how a citizen believes, as long as the belief is not inherently detrimental to the state itself. With this in mind, Voltaire advances the idea that because states cannot change its citizens’ beliefs, it should embrace a diversity of beliefs by incorporating the principle of religious freedom into its governance.
Among the most radical Enlightenment-era ideas concerning religious toleration was the thought that civil states did not have the inherent right to dictate citizens’ religion at all. Locke’s “Letter” asserts that “nobody, therefore, in fine, neither single persons nor churches, nay, nor even commonwealths, have any just title to invade the civil rights and worldly goods of each other upon pretence of religion” (Locke, “A Letter Concerning Toleration”). Spinoza similarly states that “government which attempts to control minds is accounted tyrannical, and it is considered an abuse of sovereignty and a usurpation of the rights of subjects” (Spinoza, “The Chief Works of Benedict De Spinoza,” 194). This idea that citizens of a political society could have the innate right to decide their own thoughts and religion built upon the initial identification of religion as a multifaceted issue, which originated centuries earlier during the Reformation. As early as 1644, former Massachusetts Puritain Roger Williams rather controversially wrote that “all civil states and their officers of justice in their respective constitutions and administrations are proved essentially civil, and therefore not judges, governors, or defenders of the Spiritual or Christian state and worship” (Williams, “The Bloudy Tenent of Persecution”). The principle that civil states could not serve as spiritual authorities directly influenced the development of political states such as the Rhode Island Colony and the United States of America, in which freedom of religion was identified as an essential right with which the government could not interfere.
Though the idea of a right to religious freedom was first conceived during the religious wars of the Reformation era, Enlightenment thinkers deserve credit for identifying religious freedom as an essential right. Questions of whether God’s will dictated religious uniformity, the dangers of combating religious pluralism, as well as issues of citizen and states’ rights all contributed, decades and centuries after they were originally pondered, to the inclusion of religious freedom in mainstream political discourse. Williams and Locke both made important contributions to the growing American discussion of essential rights and liberties, while writings from thinkers like Spinoza and Voltaire gradually invited Europeans to consider the benefits of granting religious freedom to their subjects.
References:
Locke, “Letter Concerning Toleration”
Spinoza, The Chief Works of Benedict De Spinoza
Voltaire, Voltaire. Toleration and Other Essays. New York: G. P. Putnam’s Sons, 1755. https://oll.libertyfund.org/title/mccabe-toleration-and-other-essays.
Roger Williams, “The Bloudy Tenent of Persecution”
Widespread belief in the importance of religious freedom within a liberal democratic society developed over centuries of religious separation, conflict, discourse. Over the past five hundred years Western civilization has transitioned from a uniformly Christian bloc of nations into a set of states defined by religious diversity and built upon the principles of toleration and religious freedom. Three major forces drove that transformation: The violence caused by religious intolerance, the increasing value of free thought, and the success of religiously free states. Over time, all three of these historical forces led to the widespread belief in the importance of religious freedom within western society.
The first historical force that led to the original identification of religious freedom as a valuable right was the horror and devastation that Europe witnessed during the Reformation era as a result of religious conflicts. The widespread destruction that took place during such conflicts as the Schmalkaldic Wars, the French Wars of Religion, and the English Civil War showed Europeans how difficult it would be to preserve religious unity within their borders, which led some to question the value of religious homogeneity. The Thirty Years War, especially, led to the identification of religious tolerance as an alternative to the religiously-motivated violence when it concluded with the landmark Peace of Westphalia. Voltaire’s assessment that “Germany would be a desert strewn with the bones of Catholics, Protestants, and Anabaptists, slain by each other, if the Peace of Westphalia had not at length brought freedom of conscience” reveals how important the war, and the treaty that ended it, really were to the identification of religious freedom as an important civil right (Voltaire, “Toleration and Other Essays - Online Library of Liberty”). Historian Gordon Christenson similarly notes that the principle of religious tolerance had been included in previous Reformation-era treaties, but the Peace of Westphalia’s explicit use of the principle as a peacekeeping measure reveals that it had broken into mainstream political thought by the end of the war (Christenson, “Liberty of the Exercise of Religion in the Peace of Westphalia”)
As the dust settled after years of religious conflict, a second historical force also contributed to the widespread belief in the right of religious freedom. During the seventeenth and eighteenth centuries, Enlightenment thinkers reflected upon the Reformation wars and the state of European politics, and began to advocate for the freedom of thought and faith within political society. In 1669 Spinoza concluded that “a government would be most harsh which deprived the individual of his freedom of saying and teaching what he thought; and would be moderate if such freedom were granted” (Spinoza, “The Chief Works of Benedict De Spinoza,” 195), Two decades later, Locke came to a similar conclusion when his “Letter Concerning Toleration” specifically outlined the principle of religious toleration by asserting that “no private person has any right in any manner to prejudice another person in his civil enjoyments because he is of another church or religion” (Locke, “A Letter Concerning Toleration,”). Though the identification of religious freedom as a fundamental right did not immediately lead to its universal adoption among western states, it did represent a significant advancement in the field of religious rights. Going forward, rulers and state builders were more conscious of religious toleration as a viable alternative to forcing religious uniformity within their borders. About a century later, this Locke sentiment was directly incorporated into the American Bill of Rights, which prohibits the creation of any law that might restrict the free practice of religion.
Over time the ideas of toleration and the freedom of thought became more widespread, which led a number of states to explore religious freedom as a principle upon which strong nations could be built. Among the first political leaders to embrace the principle of religious freedom was Roger Williams, who founded the English colony of Rhode Island after he was banished from the Massachusetts Bay Colony. As the colony grew over the next several years, he drafted a compact under which it could be governed. Smithsonian Magazine writes that “the most significant element was what the compact did not say. It did not propose to build a model of God’s kingdom on earth, as did Massachusetts...the compact did not even ask God’s blessing. It made no mention of God at all” (Smithsonian Institution, “God, Government and Roger Williams' Big Idea,”). Shortly afterward Williams traveled to England in order to secure a charter from an English Parliament that was itself in the midst of a Civil War. The charter was granted, and the committee that granted it “left all decisions about religion to the “greater Part”—the majority—knowing the majority would keep the state out of matters of worship. Soul liberty now had official sanction” (Smithsonian Institution, “God, Government and Roger Williams' Big Idea,”). The establishment of the Rhode island colony greatly benefitted the growing belief in religious freedom as a fundamental right because it proved that a political society defined by toleration could find success despite the lack of uniform religion. This idea heavily influenced the drafting of the United States Constitution, and over the next two centuries freedom of religion came to be a defining feature for liberal democracies.
Over the past five centuries, western civilization underwent a number of historical changes that led it to lose faith in the benefits of religious homogeneity and instead come to support freedom of belief and universal toleration. As it slowly began to understand the dangers of promoting state-led religious uniformity, the western world began to explore ideas of plurality and acceptance before eventually embracing them in political entities such as Rhode Island and the United States. Modern democracies still struggle to guarantee the right to freedom of religion at times, but after five hundred years of development western society at least recognizes it as a fundamental human right.
References:
John M. Barry, “God, Government and Roger Williams’ Big Idea,” Jan. 2012, https://www.smithsonianmag.com/history/god-government-and-roger-williams-big-idea-6291280
Gordon A. Christenson, “Liberty of the Exercise of Religion in the Peace of Westphalia,” Transnational Law & Contemporary Problems, Vol. 21, 2012).
Locke, “Letter Concerning Toleration”
Spinoza, The Chief Works of Benedict De Spinoza
Voltaire, Voltaire. Toleration and Other Essays. New York: G. P. Putnam’s Sons, 1755. https://oll.libertyfund.org/title/mccabe-toleration-and-other-essays.
Hegel never addresses 'freedom of religion' by name. But if we examine the contents of this notion in its modern, liberal manifestation, including the freedom of religious practice and the prohibition of state adoption or encouragement of any particular faith (the latter not always being included in this right), we find Hegel has much to say (ACLU, 2023). His discussion of the relationship between religion and state is isolated mainly within §270 of his socio-political treatise, "The Philosophy of Right." In this section, Hegel criticizes both theocracy and a liberal separation of church and state. His disputes are both theoretical and practical. Ontologically speaking, religion and the state are different forms of the same rational activity of "Geist" (spirit or mind) coming to know "absolute truth." Thus, they should not be wholly alienated from one another. And practically speaking, Hegel believes that religion instills in the citizenry an allegiance to the common interest towards which the state aims, making it an essential form of education for any healthy state. But this is not to say that the law should hand over its authority to subjective religious opinion. In Hegel's view, the state retains the right to determine duties, rights, and laws that dictate "worldly life" but may heed religious doctrine insofar as it does not obstruct its rational operations.
We should first understand where the state and religion stand within Hegel's philosophical system. The state falls under the umbrella of "objective spirit;" it is a manifestation of spirit's rationality and freedom in concrete or 'objective' reality (i.e., it takes the form of state institutions and laws). The state, properly understood, is spirit existing in a way that is not only rational but inherently ethical. For this reason, Hegel makes it the highest manifestation of what he calls "ethical life," the stage at which ethics springs from its subjective, 'abstract' form (e.g., that of Kant's abstract morality) and becomes embodied in concrete social and political arrangments, rules, and institutions. As Hegel puts it, the state is "the building of reason into reality;" it is an objective expression of our free, rational spirit where the "end is the universal interest as such and the conservation therein of particular interests” (Hegel 1820, §270).
Hegel acknowledges that one might see the state's outward, worldly domain as distinct from the spiritual, inward orientation of religion. In his view, religion is defined by "intuition, feeling, representational knowledge, [whose] concern is God as the unrestricted principle and cause on which everything hangs;" its realm is the heart, and its object is divinity (Hegel 1820, §270). From this interpretation, one might assume that religion is fundamentally disinterested in the worldly concerns of the state. Yet, Hegel contends that the state and religion are not wholly distinct, differing in "form" but sharing the same "content" (Hegel 1820, §270) The two share the same "content" in being relations of spirit to "absolute truth." Explicating what Hegel means not only by "absolute" but also by "truth" is beyond the scope of this essay. But for simplicity, the reader might think of it as a complete, unified knowledge of reality. Religion is the spirit coming to know the "truth" of God, while the state is the "truth" of spirit rationally expressing itself in the external world. Both enterprises differ in their respective forms truth takes: in religion, knowledge comes in the form of feeling, faith, and mental representations, whereas in the state, knowledge becomes concrete in law, duty, right, and political institutions (Hegel 1820, §270). Religion and state, to Hegel, are the same free, rational truth manifesting in different shapes. Thus to imply, as liberalism does, that the religious and political realms should be completely separate is to deny that these are expressions of a common principle.
But despite this relationship, Hegel warns that religious sentiment should never have authority over the secular state. Because knowledge of the divine takes the form of "subjective idea and feeling… [that] draw a veil over everything determinate," to base the "enduring" character of laws and institutions on it will doom a state to "instability, insecurity and disorder" (Hegel 1820, §270). The religious opinion is internally disclosed and backed only by faith; it is thereby subjective and unfalsifiable (though not necessarily false). Anyone who "seeks guidance from the Lord" may claim that the dictates of the state are immoral and to be opposed (Hegel 1820, §270). Of course, this opposition to the state may remain an unexpressed belief. But it may also devolve into fanaticism that seeks to make religion equivalent to the state, i.e., to establish a theocracy. Hegel notes that when religion usurps the secular sovereignty of the state, "opinion and capricious inclination are to do the deciding" (Hegel 1820, §270). No state can be stable when the mercurial beliefs of religious zealots determine its laws, and thus an equivalency between church and state must be avoided (Hegel 1820, §270).
However, Hegel accepts that the state can incorporate religious ideas into its operations, though ultimately, the state has the final say over whether religious tenets are fit to be incorporated into law. Hegel contends that in the state, religion's "subjective truth" gets comprehended in "determinate thought" rather than faith or feeling (Hegel 1820, §270). For example, a state can make the religious precept "thou shalt not murder" into law, but not because religion says so. The state may look to religion as inspiration for or confirmation of this principle, but ultimately it must make sure this principle is rational of its own accord. To Hegel, the state has no authority over one's inner religious convictions. However, he argues that "when doctrines touch on objective principles, on thoughts of the ethical and rational, then their expression eo ipso brings the church into the domain of the state" (Hegel 1820, §270). So, the state may look to religion as a fount of ethical truth but retains sovereign authority as a secular institution over what religious convictions may rationally become law.
Finally, Hegel supports a relationship between religion and the state on practical grounds. He claims that religion is an "integrating factor in the state, implanting a sense of unity in the depths of men's minds," it imbues the citizenry with a sense of communal belonging that supports the state's function (Hegel 1820, §270). From here, Hegel makes a claim that deeply violates our notion of freedom of religion, claiming that a state should "require that all its citizens to belong to a church" (Hegel 1820, §270). In contemporary liberal thought, freedom of religion implies freedom not to worship. Though Hegel specifies that the state can not establish an official church for its citizens, he seems to believe it holds the authority to mandate participation in religious activities.
We have mapped out a hazy outline of Hegel's views on religion and state: a conception that rejects both a complete separation of church and state and a theocratic unity of religion and law. Religion and state are expressions of the same underlying "absolute truth," and thus should not be wholly alienated from each other. Likewise, religion holds practical benefits for the state, making men conscious of the communal good that the state exists to promote. However, subjective religious ideas can not, as it were, 'take the reins’ of the secular state and its laws. This would, in Hegel's view, lead to a fundamentally irrational and despotic state. It seems Hegel envisions a state whose authority remains independent from religious institutions while still drawing on the truth revealed by religion as such. Further, Hegel shows an inkling of religious tolerance (insofar as a doctrine does not reach into the state's worldly domain). However, he does not respect the right to abstain from religious practice. Hegel's picture of the relationship between religion and state diverges from our modern notion of church-state separation and personal freedom of religious practice, though he is far from supportive of religious principles holding sway over secular, political rationality.
References:
Hegel, Georg Wilhelm Friedrich, and Stephen Houlgate. Outlines of the Philosophy of Right. Oxford World’s Classics. Oxford [UK] ; New York: Oxford University Press, 2008.Absolute Idealism
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 +
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 +
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’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 +
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’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 +
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 [[Probable year:: 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 +
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 +
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. +
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’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. +
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. +
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 +