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Article 41 of the 1958 Constitution of the Republic of Guinea guaranteed freedom of conscience.
In the 2010 Constitution of the Republic of Guinea. Articles 1, 4, 7, 8, 11, and 14 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Guinea a secular state. Article 14 of Guinea’s constitution establishes that “the free exercise of worship [culte] is guaranteed, under reserve of the respect for the law and the public order. The religious institutions and communities are created and administered freely” (constituteproject.org).
References:
1958 Guinea Constitution: République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm.
“Guinea 2010 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guinea_2010. +
Freedom of worship was guaranteed in Article 17 of Guinea-Bissau’s 1973 Constitution.
The Constitution of Guinea-Bissau was ratified on 6 May 1984. Articles 6.2, 24, 31.2, and 52 grant religious freedom, equality, and prohibit religious discrimination. Articles 1 and 130 declares Guinea-Bissau a secular state; and Article 6.1 declares a separation between church and state. Article 52 Sections 1-3 of the constitution establishes that “1. Freedom of conscience and of religion is inviolable. 2. All are assured the liberty of worship, which in no manner may violate the fundamental principles established by this Constitution. 3. The freedom to teach any religion under its denomination is guaranteed” (constituteproject.org).
References:
Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s
“Guinea-Bissau 1984 (Rev. 1996) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guinea_Bissau_1996. +
Article 11 of the 1966 Constitution protected freedom of conscience, described as including: "freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others. and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance."
The Constitution of the Co-operative Republic of Guyana Act was ratified 20th February, 1980. Articles 38(f), 145.2, and 145.3 grant religious freedom, equality, and prohibit religious discrimination. Articles 212B(a) and 212D(f) establish an Ethnic Relations Commission to protect religious diversity. Article 145 Sections 1-6. Section 1 states that “[e]xcept with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance” (constituteproject.org).
References:
1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf.
Parliament of Guyana. “Constitution of the Co-Operative Republic of Guyana Act .” Parliament Government of Guyana. National Assembly of the Parliament of Guyana, January 2012. Last modified January 2012. Accessed June 14, 2022. https://parliament.gov.gy/Constitution%20of%20the%20Cooperatiive%20Republic%20of%20Guyana.pdf.
“Guyana 1980 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guyana_2016. +
Haiti enacted its first constitution in 1801 which asserted the Catholic religion, Roman and Apostolic, to be the only religion “publicly professed,” (Mitch Abidor 2019). In 1805 however, Haiti enacted a new constitution that effectively retracts the Catholic religion as the official religion of the country. Furthermore, it states that “The freedom of worship is tolerated.” (“Haiti: 1805 Constitution” 1805).
In the 1987 Constitution of Haiti, Articles 30, 30-1, and 30-2 grant religious freedoms. Section D Article 30 of the Haitian constitution states that “[a]ll religions and faiths shall be freely exercised. Everyone is entitled to profess his religion and practice his faith, provided the exercise of that right does not disturb law and order” (constituteproject.org).
Sources
Mitch Abidor. 2019. “Constitution of 1801 by Haiti 1801.” Marxists.org. 2019.
https://www.marxists.org/history/haiti/1801/constitution.htm.
“Haiti: 1805 Constitution.” 1805. Faculty.webster.edu. 1805.
http://faculty.webster.edu/corbetre/haiti/history/earlyhaiti/1805-const.htm.
"Constitution for the Republic of Haiti, 1987": https://www.wipo.int/wipolex/en/text/217597
“Haiti 1987 (Rev. 2012) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Haiti_2012. +
Although Thomas Hobbes does not specifically discuss the Freedom of Press as it is understood today, he addresses the broader concept of controlling opinions and information, which can be linked to the idea of press censorship (Sturm & Bubacz 2019, p.3). His views on the matter are primarily found in his work Leviathan (2009), where he argues:
… it is annexed to the Soveraignty, to be judge of what Opinions and Doctrines are averse, and what conducing to peace; and consequently, on what occasions, how farre, and what, men are to be trusted withal, in speaking to Multitudes of people; and who shall examine the Doctrines of all bookes before they be published (Chapter 18, p.265)
Hobbes' support for censorship is deeply rooted in his broader political philosophy, particularly his concepts of the State of Nature and the Social Contract. The State of Nature is a hypothetical condition in which humans exist without any form of government or social order. In this state, life is "solitary, poor, nasty, brutish, and short," characterized by constant fear and the threat of violent death due to the absence of any overarching authority to impose order (Hobbes, 2009, Chapter 13, p.159). Individuals have natural liberty, but this liberty leads to chaos and insecurity as everyone acts according to their own interests and often at the expense of others.
To escape the anarchy of the State of Nature, individuals collectively agree to form a Social Contract (Chapter 14, 176). This contract involves surrendering some of their freedoms to a sovereign authority in exchange for security and order. The sovereign, endowed with absolute authority (contingent upon fulfilling its role) is responsible for maintaining peace and preventing the return to the State of Nature. This includes the authority to regulate and censor opinions and doctrines that might incite unrest or rebellion. Given that the press disseminates information and opinions to the public, it is reasonable to assume that it would fall under the same regulatory framework Hobbes describes for public speech and books.
By controlling and censoring potentially dangerous ideas, the sovereign prevents discord and civil war, ensuring that the commonwealth remains stable. This control over opinions is essential because “the Actions of men proceed from their Opinions”, and unchecked opinions can lead to actions that disrupt social order (Chapter 18, p.265). Having lived through the chaos and violence of the English Civil War (1642-1651), Hobbes was acutely aware of the destructive potential of conflicting ideologies and uncontrolled discourse. He sought to prevent the kind of societal breakdown he had witnessed by vesting the sovereign with near-absolute authority.
This, however, does not mean that Hobbes did not recognize the importance of speech and communication for the functioning of society. He outlines proper uses of speech, such as determining causes, communicating order of events, sharing knowledge, and expressing desires, needs or goals, but also warns against abuses like self-deception, deception of others, lying, and causing harm (Chapter 5, p.67). While he sees value in the free exchange of ideas, he is concerned about the potential for speech to disrupt social order. He believes in balancing the benefits of communication with the need for maintaining peace and stability, ultimately placing the responsibility on the sovereign to manage and regulate discourse for the greater good of society.
Hobbes places this restriction not just on others but also on himself. As Jon Parkin (2015) shows, Hobbes practiced self-censorship in his writings out of concern for how his audience might react and the potential threats to peace and self-preservation that could arise from misinterpreted or misapplied ideas (p.7). He believed that freedom of thought is a natural right which falls beyond the sovereign’s authority, “as for the inward thought…are not voluntary, nor the effect of the laws, but of the unrevealed will, and of the power of God” (Hobbes, Chapter 40, p. 612). It is its public expression that he took issue with. This is particularly evident in his support for religious believers being required to publicly profess beliefs they privately find intolerable (p.3). He considered such professions of belief as mere gestures of obedience to the sovereign that need not necessarily be true.
Hobbes believed that eventually, the security provided by the sovereign would create an environment in which individuals seek to follow the principles of natural law, even without explicit commands from the sovereign (Parkin, 2015, p.6). Over time, they would internalize the importance of presenting themselves in ways that promote peace and avoid conflict. This internalization of “peaceable qualities” would further reduce the need for self-censorship, as individuals become more inclined to act in ways that align with societal stability (p.6). The press would thus operate within a framework where self-censorship is voluntary and not seen as a violation of freedom but as part of a collective effort to maintain peace.
References:
Grayling, A.C. The History of Philosophy. Penguin Random House UK, 2019.
Hobbes, Thomas. Leviathan. Produced by Edward White and David Widger. Project Gutenberg, 2009. http://www.gutenberg.org/ebooks/3207.
Parkin, J. B. "Thomas Hobbes and the Problem of Self-Censorship." In The Art of Veiled Speech: Self-Censorship from Aristophanes to Hobbes, University of Pennsylvania Press, August 21, 2015. Accessed July 14, 2024. https://eprints.whiterose.ac.uk/65884/1/Thomas_Hobbes_and_the_problem_of_self_censorshipHEI.doc.
Sturm, Kristian, and Bruce Bubacz. "The Philosophy of the Freedom of Expression: Speech and Press Examined Philosophically and Implemented Legally." Honors thesis, University of Missouri — Kansas City, 2019. https://mospace.umsystem.edu/xmlui/bitstream/handle/10355/69286/Honors_2019_Strum.pdf?sequence=1&isAllowed=y.
The Political Constitution of the Republic of Honduras was ratified on 11 January 1982. Articles 77 grants freedom of religion. Articles 60 and 61 bans all forms of discrimination and grants equality for all. The constitution of Honduras protects freedom of religion under Article 77 which states: “The free exercise of all religions and cults is guaranteed without preference to one, provided they do not violate the law and public order. Ministers of the various religions may not hold public office or engage in any form of political propaganda, invoking religious motives or, as a means to such end, thus taking advantage of the religious beliefs of the people” (constituteproject.org).
“Honduras 1982 (Rev. 2013) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Honduras_2013. +
Law 20 of 1848 asserted equality among confessions in Hungary.
Article 54 of the 1949 Hungary Constitution guaranteed citizens "freedom of conscience and the right to free exercise of religion."
The Fundamental Law of Hungary was ratified 18 on April 2011. The preamble distinguishes Christianity’s role in preserving nationhood. Articles 7, 9.5, 14.3, 15.2, and 37.4 grant religious freedom, equality, and prohibit religious discrimination. Article 7 states that “[e]veryone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change one's religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practise or teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life” (constituteproject.org).
References:
Hungary Loi 20 de 1848: F.R. Dareste; P. Dareste. Constitutions Modernes: Recueil des Constitutions en Vigueur dans les Divers Etats d'Europe, d'Amerique et du Monde Civilise (3).
https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/comorcv0001&collection=cow&index=cow/comorcv516&id=516#
1949 Hungary Constitution: English translation of the Hungarian original text of the Constitution of 1949 669 (2013)
Chapter 8: Rights and Duties of Citizens
https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults
“Hungary 2011 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Hungary_2016.
Ministry of Justice 2017. “The Fundamental Law of Hungary.” Website of the Hungarian Government. National Assembly of Hungary , May 19, 2017. Last modified May 19, 2017. Accessed June 14, 2022. https://2015-2019.kormany.hu/download/a/68/11000/The_Fundamental_Law_of_Hungary_01072016.pdf. +
The Constitution of the Republic of Iceland was ratified on June 17, 1944. Article 62 establishes that “the Evangelical Lutheran Church shall be the State Church in Iceland and, as such, it shall be supported and protected by the State. This may be amended by law.” Articles 63, 64, and 65 grant religious freedom and equality. Article 63 states that “all persons have the right to form religious associations and to practice their religion in conformity with their individual convictions. Nothing may however be preached or practised which is prejudicial to good morals or public order” (constituteproject.org).
“Iceland 1944 (Rev. 2013) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Iceland_2013.
National Parliament of Iceland. “Constitution of the Republic of Iceland.” Government of Iceland. Prime Minister's Office , June 24, 1999. Last modified June 24, 1999. Accessed June 14, 2022. https://www.government.is/library/01-Ministries/Prime-Ministrers-Office/constitution_of_iceland.pdf. +
The Constitution of India was ratified on November 29, 1949. Articles 15, 16.2, 23.2, 25, 26, 27, 29.2, 30, and 325 grant religious Freedom, equality, and prohibit religious discrimination. Article 371 grants special religious protections throughout various states and religions of India.
Article 25 Section 1 states that “[s]ubject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion” (constituteproject.org). According to the US Department of State in 2021, “ten of 28 states have laws restricting religious conversions. Four state governments have laws imposing penalties against so-called forced religious conversions for the purpose of marriage…” (state.gov).
Constituent Assembly. “The Constitution of India.” Government of India. Department of Legislation , November 26, 2021. Last modified November 26, 2021. Accessed June 14, 2022. https://legislative.gov.in/sites/default/files/COI...pdf.
“India - United States Department of State.” U.S. Department of State, June 10, 2022. https://www.state.gov/reports/2021-report-on-international-religious-freedom/india/.
“India 1949 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/India_2016. +
The Indonesia Constitution was ratified on August 18, 1945. Articles 28E, 28I, and 29.2 grant religious freedom; articles 28B and 28I prohibit any basis of discrimination. The preamble and article 29.1 states that the state of Indonesian is based on the One and Only God. Article 29 Section 2 states: "The State guarantees all persons the freedom of worship, each according to his/her own religion or belief." (constituteproject.org).
According to the US Department of State in 2021, “The constitution states citizens must accept restrictions established by law to protect the rights of others and to satisfy, as noted in the constitution, ‘just demands based upon considerations of morality, religious values, security, and public order in a democratic society.’”
“Indonesia - United States Department of State.” U.S. Department of State, June 2, 2022. https://www.state.gov/reports/2021-report-on-international-religious-freedom/indonesia/.
“Indonesia 1945 (Reinst. 1959, Rev. 2002) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Indonesia_2002. +
The Constitution of the Islamic Republic of Iran was ratified on December 3, 1979. Articles 12 and 13 establish religious freedoms and restrictions in Iran. Article 12 states that “the official religion of Iran is Islam and the Twelver Ja'farî school [in usul al-Dîn and fiqh], and this principle will remain eternally immutable… These schools enjoy official status in matters pertaining to… affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law” while Article 13 provides for freedom of other religious minorities “Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education” (constituteproject.org).
References:
“Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Iran_1989.
Ramazani, Rouhollah K. “Constitution of the Islamic Republic of Iran.” Middle East Journal 34, no. 2 (1980): 181–204. http://www.jstor.org/stable/4326018. +
Article 13 of the 1925 Iraq Constitution stated: "Islam is the official religion of the State. Freedom to practise the rites; of the different sects of that religion, as observed in Iraq, is guaranteed. Complete freedom of conscience and freedom to practise the various forms of worship, in conformity with accepted customs, is guaranteed to all inhabitants of the country provided that such forms of worship do not conflict with the maintenance of order and discipline or public morality."
The Constitution of the Republic of Iraq was ratified on September 18, 2005. Article 2.1 declares Islam the official religion of Iraq and foundation source of legislation: “Islam is the official religion of the State and is a foundation source of legislation. No law may be enacted that contradicts the established provisions of Islam…” Articles 2.2, 10, 14, 37.2, 41, and 43 grant religious freedom, equality, and prohibit religious discrimination. Article 2.2 states that “[t]his Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans” (constituteproject.org).
References:
Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html
“Iraq 2005 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Iraq_2005. +
Freedom of religion is established in the 1992 Basic Law: Human Dignity and Liberty. This law describes Israel as a “Jewish and democratic state”, but also “references the Declaration of the Establishment of the State of Israel, which protects freedom to practice or not practice religious beliefs, including freedom of conscience, faith, religion, and worship, regardless of an individual’s religion” (state.gov).
The Declaration of the Establishment of the State of Israel, promulgated in 1948, stated: "THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations."
"Declaration of the Establishment of the State of Israel: https://www.gov.il/en/departments/general/declaration-of-establishment-state-of-israel
Israel, West Bank and Gaza - United States Department of State. Accessed July 21, 2023. https://www.state.gov/reports/2021-report-on-international-religious-freedom/israel-west-bank-and-gaza/. +
The Constitution of the Italian Republic was ratified on 22 December 1947. Article 7 states a separation between the state of Italy and the Catholic Church. Articles 3, 8, 19, and 20 grant religious freedom and equality. Article 8 of the Italian Constitution states: “All religious denominations are equally free before the law” but stipulates that “Denominations other than Catholicism have the right to self-organisation according to their own statutes, provided these do not conflict with Italian law” (constituteproject.org).
“Italy 1947 (Rev. 2020) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Italy_2020. +
The Constitution of the Republic of Ivory Coast was ratified on October 30, 2016. Articles 4, 14, 19, and 23 grant religious freedom, equality, and prohibit religious discrimination. The preamble, articles 49, and 178 declare Ivory Coast to be a secular state. Article 19 states: "Freedom of thought and freedom of expression, particularly, freedom of conscience, of philosophical and religious conviction or of worship are guaranteed to everyone. Everyone has the right to express and disseminate their ideas freely. These freedoms are exercised subject to respect for the law, for the rights of others, for national security and for public order. Any propaganda whose objective or outcome is to elevate one social group above another, or to encourage racial, tribal or religious, hatred is prohibited."(constituteproject.org).
“Côte d’Ivoire 2016 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Cote_DIvoire_2016. +
The Jamaican Order in Council was ratified in 1962. Articles 13, 14(a), and 17 grant religious freedom, equality, and prohibit religious discrimination.
Jamaican Legislature. “The Jamaica (Constitution) Order in Council 1962 .” Jamaican Informational Service . Jamaican Informational Service , 2017. Last modified 2017. Accessed June 16, 2022. https://jis.gov.jm/media/Ja-Constitution-Order-in-Council-1962-full.pdf. +
Article 28 of the 1889 Japan Constitution stated: "Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief." Article 20 of the 1946 Constitution offered a more detailed discussion of freedom of religion: "Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority. No person shall be compelled to take part in any religious act, celebration, rite or practice. The State and its organs shall refrain from religious education or any other religious activity."
References:
1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889
1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html +
The Constitution of the Hashemite Kingdom of Jordan was ratified in 1952. Articles 6 and 14 grant religious freedom, equality, and prohibit religious discrimination. Article 2 declares Islam the official religion.
1952. The Constitution of the Hashemite Kingdom of Jordan. July 11. https://www.refworld.org/pdfid/3ae6b53310.pdf.
Hashemite Kingdom of Jordan Constitutional Court “Jordanian Constitution.” CCO. Hashemite Kingdom of Jordan Constitutional Court, 2022. Last modified 2022. Accessed June 17, 2022. https://cco.gov.jo/en-us/Jordanian-Constitutional. +
Kantianism influences conceptualizations about freedom of religion through an emphasis on the fundamental principle of autonomy in fostering religious liberty. Although he is often regarded as a secular philosopher and did not dedicate entire treatises explicitly about freedom of religion like many other Enlightenment philosophers such as Voltaire or Locke, his philosophical theories address the roots of inalienable rights. In particular, his 1793 Theory and Practice and his 1792 Religion within the Limits of Reason Alone provide insight into his thoughts on freedom of religion. Examining his notions of autonomy, the role of rationality in religious belief, and the function of the state in ensuring individual rights offers deeper understanding of the moral significance of freedom.
Kant’s principle focus on the concept of autonomy underscores his belief in the right to religious liberty and morality. To Kant, freedom is the basis of all actions. Thus, freedom of religion should inherently be granted to everyone – morally and legally – as religion is an assertion of moral agency. Which religious tradition is practiced is not as important as the level of choice one has in practicing it. Therefore, “It is freedom that sanctions religion, not religion that sanctions freedom” and “when a clash between freedom and religion takes place, it is religion that has to step aside” (Klein 2018, 37). Individual liberty in choosing or not choosing a religion is more important than allowing for religion to be practiced in a society. In his 1793 essay Theory and Practice Kant explains, “No-one can compel me to be happy in accordance with his conception of the welfare of others, for each may seek his happiness in whatever way he sees fit, so long as he does not infringe upon the freedom of others to pursue a similar end which can be reconciled with the freedom of everyone else within a workable general law – i.e. he must accord to others the same right as he enjoys himself” (Kant 1793). It can be interpreted from this statement that religion is an individual choice that can develop one’s greater morality and happiness, and therefore is an autonomous decision so long as it does not impose on others. As a secular philosopher, Kant did not speculate much about beliefs within religious traditions, but he did talk about the development of good and evil. He stated, “Man himself must make or have made himself into whatever, in a moral sense, whether good or evil, he is or is to become. Either condition must be an effect of his free choice; for otherwise he could not be held responsible for it and could therefore be morally neither good nor evil” (Kant 1793). No higher power defines one’s sense of self nor one’s ability to express this morality; this is an agentic stance on the responsibility that accompanies freedom.
Kant utilized rational thought to understand humanity and therefore analyzed religion within a logical framework. His 1792 work Religion within the Limits of Reason Alone examined how religion would fit within his world of ethics (MacKinnon 1975, 132). His disinterest in learning about religion alone is elaborated on: “It is not that he regarded the questions on which devoutly religious men and women differed from one another as trivial or even as impossible of settlement. It is rather that he supposed the moral outrage committed by any attempt to impose one set of beliefs against another as more evident than any of the competing systems” (MacKinnon 1975, 134). Again, he believed moral principles like autonomy were more influential in moral agency than religious beliefs themselves. Logically then, he concluded that “if any form of religion is to be acknowledged valid, it can only be one that does not dispute this sovereignty” (Mackinnon 1975, 134). Holding sovereignty over one’s choices is more critical to a society than the sovereignty and validity of religious traditions.
In terms of the role of the State in enshrining the right to freedom of religion, Kant believed in the infrastructure of laws to grant autonomy. Religious liberty could be treated as a political concept, as it can be regarded as “an immediate consequence of every human’s innate right to freedom, which is both the objective but also the limit of all state power” (Guyer 2020, 276). Kant was both a liberal and a republican, creating a duality in how he views protection of freedom. Based on the former stance, scholars have presumed he thought that freedom of religion is an inalienable right; based on the latter stance, he could have understood that this right must be actively and institutionally protected through law (Klein 2018, 37). The one condition that Kant speculated about was the imposition of religion on others. He concluded that freedom of religion is not equally granted to those who “fail to grant the same moral rights to others” (Klein 2018, 37). If a group fails to respect another religion and imposes discriminatory laws against them, that group should no longer be afforded the freedom to practice their religion either. Freedom of religion is contingent upon everyone respecting the moral value of this right. There is a fine line, however, between state protection and state imposition. The acceptance of religious pluralism is crucial to maintaining everyone’s agency. Political leaders do not have the right to impose or favor a certain religion. As a general principle, “whatever a people cannot impose upon itself cannot be imposed upon it by the legislator either” (Kant 1793).
Kant’s thoughts on religious intolerance stems from the morality of practicing a faith. Scholars posit three criteria for fostering religious tolerance; non-coercive force of religious beliefs, truthfulness about the practices, and the capacity to be a public religion (Klein 2018, 25). Non-coercive force of religious belief surrounds Kant’s idea that religion must be theoretically and morally separate from force; truthfulness regarding matters of faith involves providing freedom to ourselves and to others by not lying to them about faith so they may make autonomous, informed decisions; publicity of the religion relates to the capacity for people to legally exist and to foster public education in order to expand institutionally. Meeting these conditions promotes freedom of religion in the public sphere, simultaneously encouraging religion to be free from government interference while also being protected in a legal framework. If a group becomes intolerant of other religions or attempts to impose its own beliefs on others, it may not be granted the same freedoms (Klein 2018). Tolerance must precede freedom of religion.
Overall, Kant’s philosophy provides a robust framework for understanding freedom of religion through the lenses of autonomy, rationality, and moral law. His arguments for the enshrinement of freedom of religion surround debates over morality and agency. By protecting the right to exercise religion and promoting religious tolerance, Kant supports a pluralistic society that is governed by rationality and harmonious respect.
References
Guyer, P. “Freedom of Religion in Mendelssohn and Kant” in Reason and Experience in Mendlessohn and Kant. Oxford Academic (2020): 276-301. https://doi.org/10.1093/oso/9780198850335.003.0011.
Kant, I. Religion within the Limits of Reason Alone. 1792. https://www.marxists.org/reference/subject/ethics/kant/religion/religion-within-reason.htm.
Kant, I. Theory and Practice. 1793. https://users.sussex.ac.uk/~sefd0/tx/tp2.htm.
Klein, J. “Kant on Religious Intolerance.” Philosophica, 51 (2018): 25-38. https://core.ac.uk/download/pdf/286788933.pdf.
Pasternack, L. and Fugate, C. “Kant’s Philosophy of Religion.” The Stanford Encyclopedia of Philosophy (2022). https://plato.stanford.edu/cgi-bin/encyclopedia/archinfo.cgi?entry=kant-religion.
Pera, M. “Kant on Politics, Religion, and Secularism” in Universal Rights in a World of Diversity (2012): 546-676. https://www.pass.va/content/dam/casinapioiv/pass/pdf-volumi/acta/acta17pass.pdf#page=529.
MacKinnon, D. M. “Kant’s Philosophy of Religion.” Philosophy 50, no. 192 (1975): 131–44. http://www.jstor.org/stable/3749503.
Articles 1 and 10 of the 1993 Kazakhstan Constitution bear in part upon freedom of religion, but Article 12 speaks to this right most directly: "A citizen of the Republic shall be guaranteed freedom of conscience - the right to independently determine his attitude towards religion, to profess any of them or to profess none, to disseminate views, connected with the attitude towards religion, and to act in accordance with them".
References:
"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 110-112 +