Freedom of Religion/Threatening to government
Is this right often perceived as threatening to government authorities?
Government authorities have often viewed freedom of religion as a threat.
In the modern era, it is generally agreed that all people should be able to practice religion freely, as the liberty is enshrined in Article 18 of the Universal Declaration of Human Rights. However, governments continue to restrict certain aspects of the right if they find it to be intimidating. In many cases, legislation has pointed to a government feeling uneasy about aspects of religious freedom; in France for example, the legislature passed Act No. 2010-1192, which banned face coverings in public places. According to writer Heraa Hashmi, this targeted Muslim women who wore the niqab or burqa in an attempt to protect public order and to ensure others’ rights and freedoms,” (Hashmi 2022) pointing to the government’s concerns about religious expression. In other cases, simply refusing to protect religious rights, or doing so in an extremely selective manner, can indicate that a government authority is threatened by a certain faith and/or its expression. According to the US Embassy in Saudi Arabia, the country’s laws contain “no legal recognition or protection of freedom of religion” (US Embassy to Saudi Arabia 2021). However, blasphemy of Islam has been criminalized, and the Basic Law states that “the duty of every citizen is to defend Islam,” (US Embassy to Saudi Arabia 2021). In addition, scholars have argued that “where [Crown Prince Mohammed bin Salman] has truncated the power of the religious establishment, it is to consolidate power into the central state and specifically, to boost his own control” (Hoffman 2022). On top of that, there is “a comprehensive effort by the state to eliminate all independent or dissenting religious voices capable of challenging MbS’s desired monopoly on Islam in Saudi Arabia” (Hoffman 2022). This would indicate that Saudi leadership is heavily connected to Sunni Islam, and therefore the existence of other religions is viewed as a threat.
In some cases, states may see freedom of religion as a threat due to negative impacts on public health. In California, the state legislature passed Senate Bill No. 277, which eliminated exceptions to mandatory vaccinations based on personal beliefs. This decision was made based on the findings of a government report which had shown that “when belief exemptions to vaccination guidelines are permitted, vaccination rates decrease” (Brown v. Smith 2018, 5) leading to difficulty controlling the spread of contagious viruses. While it is worth noting that the idea of “personal belief exemptions” are not exclusively related to religion, and thus the elimination of such exemptions are not specifically targeting faiths, some California parents understood this law as a restriction on their religious freedoms due the the fact that they “describe themselves as Christians” who were therefore “opposed to the use of fetal cells in vaccine” (Brown v. Smith 2018, 11). Other parents saw the law as suppression of their “sincerely held philosophic [and] conscientious…beliefs” (Brown v. Smith 2018, 6), and allied with those opposing the Bill based on their faith, eventually taking their complaints to the California Court of Appeals. While the coalition of parents eventually won the case, it was not based on violations of religious freedom. The Court quoted previous case law discussing faith and health such as Prince v. Massachusetts, which explained that “the right to practice religion freely does not include liberty to expose the community or the child to communicable disease or the latter to ill health or death” (Brown v, Smith 2018, 11). This indicates that freedom of religion is not all-encompassing in the United States; there are limitations. As a result, if a group such as the plaintiffs in Brown v. Smith refuses to comply with laws such as Senate Bill No. 277, they are threatening the interests of the state to protect public health and safety.
Governments have also felt threatened by religious freedom when it is perceived as hazardous to public safety and or morality. In Iran, state authorities have restricted the rights of the Baha’i faith group, as well as other religious minorities, for these reasons. According to reports from the US State Department, in 2022 many such individuals were systematically jailed and accused of having membership in organizations that “disrupt national security,” or “agitating the public consciousness” (US Department of State 2022, 22). Independent media outlet Iranwire has also reported that several Baha’i preschool teachers were detained by Iranian intelligence officers and accused of being spies, a charge that has been leveled against members of the faith for years (Sabeti 2022). According to the news outlet Reuters, Iranian authorities have also been carrying out “propaganda missions to propagate Baha’i teachings” and “infiltrat[ing] various levels of the education sector” (Reuters 2022). Members of the faith are punished and restricted from religious expression because the government feels that they threaten national security and disseminate incorrect teachings.
Government obligations to protect a state’s majority religion have also caused regimes to see the practice of minority faiths as a threat. In Sri Lanka, the constitution states that “The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e)” (Constitution of Sri Lanka 1978, art. 9), which include the freedom of conscience, religion, and thought, as well as “the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice and teaching” (Constitution of Sri Lanka 1978, art. 14(1)(e)). In practice, this has meant that the government has limited the actions of religious minorities. For example, in 2003 a Roman Catholic Order submitted a request to incorporate to the government of Sri Lanka, which was enacted by passing it into law. This bill allowed the Order to “to spread knowledge of the Catholic religion” and “to impart religious, educational and vocational training to youth,” (UNCHR 2004, 4). However, a private citizen claimed that this statute was unconstitutional given that it allowed the Order to proselytize and did not sufficiently protect Buddhism. The case was eventually taken to the Sri Lankan Supreme Court, which sided with the objector and stated that “the propagation and spreading Christianity as postulated in terms of clause 3 [of the Bill] would not be permissible as it would impair the very existence of Buddhism or the Buddha Sasana” (UNCHR 2004, 5). The judicial body thus limited the ability of Catholics to express their faith and proselytize in order to protect the majority religion; however, the United Nations Human Rights Committee objected to this reasoning in Sister Immaculate Joseph v. Sri Lanka, claiming that it violated the Optional Protocol to the International Covenant on Civil and Political Rights (UNCHR 2004, 11).
References
Brown v. Smith (2018) 24 Cal. App. 5th 1135. https://law.justia.com/cases/california/court-of-appeal/2018/b279936.html
Constitution of Sri Lanka (Rev. 2015), 1978. Art. 9. https://www.parliament.lk/files/pdf/constitution.pdf
Hashmi, Heraa. 2022. “Niqab and the Religious Freedom Violations in France.” UC Davis Journal of International Law and Policy. March 9, 2022. https://jilp.law.ucdavis.edu/blog/posts/niqab-and-the-religious-freedom-violation-in-france.html#:~:text=In%202010%2C%20France%20passed%20a,particularly%20impactful%20for%20many%20people.
Hoffman, Jon. 2022. “The Evolving Relationship Between Religion and Politics in Saudi Arabia.” Arab Center Washington D.C. April 20, 2022. https://arabcenterdc.org/resource/the-evolving-relationship-between-religion-and-politics-in-saudi-arabia/
Reuters. 2022. “Iran arrested Baha’i citizens, accuses them of Israel links - state media.” August 1, 2022. https://www.reuters.com/world/middle-east/iran-arrested-bahai-citizens-accuses-them-israel-links-state-media-2022-08-01/
Sabeti, Kian. 2022. “Baha’is Arrested for Instigating ‘Sedition’ and Protests.” Iranwire. October 18, 2022. https://iranwire.com/en/politics/108702-bahais-arrested-for-instigating-sedition-and-protests/
UNHRC, Communication No. 1249/2004, Sister Immaculate Joseph v. Sri Lanka, UN Doc CCPR/C/85/D/1249/2004
United States Department of State. 2022. 2022 Report on International Religious Freedom: Iran. https://www.state.gov/reports/2022-report-on-international-religious-freedom/iran/#:~:text=Since%201999%2C%20Iran%20has%20been,redesignated%20Iran%20as%20a%20CPC.
US Embassy in Saudi Arabia. 2022. 2022 Report on International Religious Freedom for Saudi Arabia. https://sa.usembassy.gov/2022-report-on-international-religious-freedom-for-saudi-arabia/#:~:text=Since%202004%2C%20Saudi%20Arabia%20has,severe%20violations%20of%20religious%20freedom.