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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. +
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. +
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 +
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 +
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 +
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- +
The first constitution of Estonia, created in 1920, grants Estonian citizens the right to freedom of religion. Paragraph 6 and 11 states that there is freedom of “religion and conscience” and their practice will not be hindered, “provided it does not interfere with public orders and morals” (“Constitution of the Esthonian Republic” 1920). Under the 1992 Constitution of the Republic of Estonia, Articles 12, 40, and 124 grant religious freedom, equality, and prohibit religious discrimination.
“Constitution of the Esthonian Republic” 1920. Estonian Republic
https://www.riigiteataja.ee/en/eli/521052015001/consolide +
Eswatini’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 +
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 +
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/. +
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. +
The Finnish Constitution Act of 1919 stipulated that “a Finnish citizen has the right to practice religion publicly and privately, provided that the law and good practices are not violated, as well as, as separately provided thereon, the freedom to renounce the religious community to which he belongs and the freedom to join another religious community.” This assurance is found under Section 8 and applies to all citizens of Finland (“Constitution Act” 1919). Under the 2000 Constitution of Finland sections 6 and 11 grant religious freedom, equality, and prohibit religious discrimination.
“Constitution Act” 1919 Finland
https://oikeusministerio.fi/en/constitution-of-finland +
France laid the groundwork for inalienable rights to freedom of expression through the Declaration of the Rights of Man, and of the Citizen. Article 11 of this 1789 document states, “The free communication of ideas and of opinion is one of the most precious rights of man.” The 1791 French Constitution utilized this phrasing in its 11th Article to enshrine freedom of expression, and continues this tradition of citing the Rights of Man in the 1958 Constitution.
References
English translation of the French original text of the Declaration of 1789, 2 (2010)
Declaration of the Rights of Man and Citizen, 1789 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0143&id=2&men_tab=srchresults
English translation of the French original text of the Constitution of 1791, 60 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0138&id=3&men_tab=srchresults
English original text of the Constitution of 1958, together with the Preamble of 1946, 77 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfr0147&id=3&collection=cow&index= +
Gabon’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. +
Before falling under the influence of the Soviet Union and becoming a soviet socialist republic, the short-lived, first modern establishment of the republic of Georgia (The Democratic Republic of Georgia) adopted a constitution that only lasted four days. This constitution, ratified in 1921, granted its citizens the right to freedom of religion under Article 31 (“Constitution of Georgia, 1921” 1921). After Georgia gained independence from the Soviet Union, the country adopted a new constitution in 1995. Articles 11.1, 11.2, 16.1, and 16.3 grant religious freedom, equality, and prohibit religious discrimination. Article 8 recognized the Orthodox Church of Georgia, but not declare it the national religion outright.
References:
“Constitution of Georgia, 1921” 1921 მატიანე
https://matiane.wordpress.com/2012/09/04/constitution-of-georgia-1921/
Georgia 1995 “Georgia 1995 (rev. 2018)” Constitute Project
https://www.constituteproject.org/constitution/Georgia_2018
State Constitutional Commission of Georgia. “Constitution of Georgia.” Legislative Herald of Georgia. Departments of the Parliament of Georgia, August 24, 1995. https://matsne.gov.ge/en/document/view/30346?publication=36. +
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 +
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. +
The Constitution of Greece was ratified 11 June 1975. Part 1 Section II Article 3.1-2 of Greece’s constitution establishes “[t]he prevailing religion in Greece is that of the Eastern Orthodox Church of Christ…” and that “the ecclesiastical regime existing in certain districts of the State shall not be deemed contrary to the provisions of the preceding paragraph” (constituteproject.org). Articles 5.2 and 13 protect religious freedom, equality, and prohibit religious discrimination. Part 2 Article 13.1-2 states that “Freedom of religious conscience is inviolable. The enjoyment of civil rights and liberties does not depend on the individual's religious beliefs. All known religions shall be free and their rites of worship shall be performed unhindered and under the protection of the law. The practice of rites of worship is not allowed to offend public order or the good usages. Proselytism is prohibited” (constituteproject.org).
“Greece 1975 (Rev. 2008) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Greece_2008.
Hellenic Parliament. “001-156 Syntagma UK New - Hellenic Parliament.” Hellenic Parliament. Hellenic Parliament, 2008. Last modified 2008. Accessed June 14, 2022. https://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/001-156%20aggliko.pdf. +
The Grenada Constitution of 1973 was ratified on 19th of December 1973. It grants religious freedom, equality, and prohibits religious discrimination. The preamble acknowledges the supremacy of God. Chapter I Article 9.1-6 states “[e]xcept with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance” (constituteproject.org).
“Grenada 1973 (Reinst. 1991, Rev. 1992) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Grenada_1992.
Government of Grenada . “The Grenada Constitution.” Government of Grenada. Government of Grenada , 1973. Last modified 1973. Accessed June 14, 2022. http://gov.gd/index.php/government/the-constitution. +
Guatemala’s first state constitution was enacted in 1825 however it stated that the country’s official religion is to be the Roman Catholic Apostolic Religion. However, the freedom to identify with, or practice, alternative religions first was asserted in 1839 under Decree Number 76, which is titled the “Law of Guarantees.” Article III states, “The Roman Catholic Apostolic Religion is that of the State; it shall be protected by the laws, and its establishments and ministers respected, but those who may be of another faith shall not be molested therefor.”
Sources:
“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 19, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzgt0087&collection=cow +