Freedom of Religion/Culture and Politics/Country intepretation
Is this right interpreted and exercised in different ways in different countries? Focus on particular countries in which the right is interpreted distinctively
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.
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.
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