Freedom of Religion

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What is the oldest source in any country that mentions this right? 🖉 edit

The Edict of Toleration by Galerius in April of 311 ended Christian persecutions and granted their right to exist (Keresztes, "From the Great Persecution to the Peace of Galerius," 390). This preceded the Edict of Milan by two years, which permanently declared religious toleration and protection for Christians within the Roman Empire (Britannica, "Edict of Milan").

References:

Britannica, T. Editors of Encyclopaedia. "Edict of Milan." Encyclopedia Britannica, August 8, 2019. https://www.britannica.com/topic/Edict-of-Milan.

Keresztes, Paul. “From the Great Persecution to the Peace of Galerius.” Vigiliae Christianae 37, no. 4 (1983): 379–99. https://doi.org/10.2307/1583547.

What historical forces or events, if any, contributed to a widespread belief in its importance? 🖉 edit

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.

What is the oldest written source in this country that mentions this right?

Afghanistan 🖉 edit

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

Albania 🖉 edit

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

Algeria 🖉 edit

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 🖉 edit

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

Angola 🖉 edit

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 🖉 edit

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

Argentina 🖉 edit

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 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

Armenia 🖉 edit

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

Australia 🖉 edit

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.

Austria 🖉 edit

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 🖉 edit

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 Bahamas 🖉 edit

The Constitution of The Commonwealth of The Bahamas was ratified on July 10th 1973. Article 22 protects freedom of religion. The preamble does specifically mention Christian values and the supremacy of God. Constitution Project. “Bahamas (the) 1973 Constitution.” Constitute, POGO, 27 Apr. 2022, https://www.constituteproject.org/constitution/Bahamas_1973?lang=en.

The Bahamas’ 1973 Constitution contains the first assertion of freedom of religion in the country’s independent history. Article 22 of the document outlines this right.

“Constitution of the Commonwealth of the Bahamas.” The Government of the Bahamas. Accessed July 20, 2023. https://www.bahamas.gov.bs/wps/wcm/connect/04fb4632-1bd7-414f-b66e-9c499b382480/Chap+3+Protection+rights+and+freedoms.pdf?MOD=AJPERES

Bahrain 🖉 edit

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.

Bangladesh 🖉 edit

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

Barbados 🖉 edit

Barbados’s Constitution of 1966 was the first document to protect freedom of religion in the country’s independent history. The preamble states the country was "founded upon principles that acknowledge the supremacy of God" among other principles. Article 19 grants religious freedoms and protections: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes 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."

References:

https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html

Belarus 🖉 edit

The Belarus Constitution of 1994 contains the first assertion of freedom of religion in the country’s post-Soviet history. Articles 14, 16, and 31 grant religious freedom and protections. Article 5 bans activities of political parties and public associations with the aim of religious hatred.

References:

1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults

1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e

Belgium 🖉 edit

Articles 20 and 21 of the 27 October 1830 Draft Constitution of Belgium described protection of freedom of religion. Article 20 protected freedom of opinion, and Article 21 stated that "The public exercise of a belief [culte] may not be impeded except by virtue of a law, and only in the case in which it troubles the public order and tranquility."

Articles 14-16 of Belgium’s 1831 Constitution codified protections of freedom of religion. However, Article 14 outlines legal limits to this freedom: “The freedom of religions, their public exercise, as well as the liberty of expressing their opinions on every matter, are guaranteed; reserving the right of repressing crimes committed in the exercise of these liberties.”

References:

English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults

1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831

Belize 🖉 edit

Freedom of religion was first guaranteed in Belize by its Constitution of 1981. Articles 3 and 11 protect religious freedom and equality. Preamble claims the supremacy of God.

References:

1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html

Benin 🖉 edit

Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed freedom of religion, conditioned by respect for public order.

Under the 1990 Constitution of Benin, Articles 23 and 26 offer freedom of religion and prohibit religious discrimination under the law. Articles 2 and 5 define Benin as a secular state.

References:

"Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=#

1990 Constitution of the Republic of Benin:

https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf

Bhutan 🖉 edit

According to Article 7.4 of the 2008 Constitution of the Kingdom of Bhutan, "A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement."

References:

2008 Constitution of the Kingdom of Bhutan: "Article 7: Fundamental Rights," Constitution of the Kingdom of Bhutan, 2008, 14: https://heinonline-org.proxygw.wrlc.org/HOL/Page collection=cow&handle=hein.cow/zzbt0002&id=22&men_tab=srchresults

Bolivia 🖉 edit

Freedom of conscience is recognized in Title II of Bolivia’s 1826 Constitution, which also states that the country’s religion is Catholicism: "The Catholic Apostolic Roman Religion is that of the Republic, to the exclusion of every other. The Government will protect it, and cause it to be respected; recognizing the principle of freedom of conscience."

Article 3 of the 1851 Constitution of the Bolivian Republic also addressed questions of conscience and exercise: "The Apostolic Roman Catholic religion is the religion of Bolivia. The law protects and guarantees its exclusive worship, and prohibits the exercise of any other; nevertheless acknowledging the principle that there is no human power over consciences."

Articles 4, 14, 21, 86, and 104 of the 2009 Constitution protect religious freedom and prohibit religious discrimination. Article 4 says that Bolivia is a secular state.

References:

1826 Constitution of Bolivia: English translation of the original Constitution of 1826 6 (2010) Title II: Of Religion. https://heinonline.org/HOL/P?h=hein.cow/zzbo0003&i=1

1851 Political Constitution of the Bolivian Republic: English translation of the original Constitution of 1851. 1149 (2010) The Public Rights of the Bolivians https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0007&id=1&men_tab=srchresults

“Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009

Bosnia and Herzegovina 🖉 edit

In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." According to Section 8 of the 1910 Constitution of Bosnia and Herzegovina, "Liberty of conscience and faith are guaranteed. No one can be persecuted on account of his religious convictions, nor can his rights be restricted because of them. The exercise of domestic worship is secured to every person, and the exercise of public worship is assured to all recognized religious associations as far as such public worship does not run counter to public considerations. The religious sects recognized at present are the following (1.) Mohammedan. (2.) Servian Orthodox. (3.) Roman Catholic and Greek Catholic. (4.) Evangelical of Augsburg and Helvetian Confession. (5.) Jewish. The enjoyment of civic and political rights is wholly independent of religious convictions, but these latter must not interfere with the due performance of civic duties."

The Bosnia and Herzegovina Constitution of 1995 contains the first assertion of freedom of religion in the country’s independent history. Articles 1.7(b), 2.3(g), and 2.4 protect religious freedoms and equality and prohibit religious discrimination.

References:

1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults#

“Bosnia and Herzegovina 1995 (rev. 2009).” Constitute. Accessed July 20, 2023. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009

Botswana 🖉 edit

According to Article 11 of the 1966 Botswana Constitution: "(1) Except 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 section 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. (2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides. (3) Except with his or her own consent (or, if he or she is a minor, the consent of his or her guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his or her own. (4) No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief. (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required— (a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

References:

1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana

Brazil 🖉 edit

According to Article 179.5 of the 1824 Political Constitution of the Empire of Brazil, "No one may be persecuted by reason of religion, so long as he respects that of the state and does not offend public morals."

The 1890 Constitution guaranteed free exercise: "All individuals and religious denominations may publicly and freely exercise their worship, associating themselves for this purpose, and acquiring property within the limits prescribed by the law of mortmain." In a number of ways the 1890 Constitution asserted separation of church and state, including emphasis on the secular character of public instruction and cemeteries, the civil character of marriage recognized by the state, and a ban on official subsidies or other relationships between religious groups and federal or state governments. The 22 June 1890 Constitution also barred Jesuits from Brazil, though as Thomas Skidmore describes this ban was lifted before the Constitution came into effect: "The initial draft of the Constitution of 1891, for example, contained a clause which would have again banned the order from Brazil. The provision was removed by the Constituent Assembly, which nonetheless endorsed a proposed prohibition of any new convents or monastic orders."

The final version of the 1891 Constitution offered a briefer description of freedom of religion in Article 179, Section V: "No one can be persecuted on account of his religion so long as he respects that of the state and does not offend public morals." Even so, the 1891 Constitution established an official religion in Article 5: "The Apostolic Roman Catholic religion shall continue to be the religion of the Empire. All other religions shall be permitted with their domestic or private worship in buildings destined therefor, but without any exterior form of a temple."

References:

"Title VIII: General Provisions and Guarantees of the Civil and Political Rights of Brazilian Citizens," Constitution of the Empire of Brazil, 1824 : 250: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0040&id=14&men_tab=srchresults

English translation of the Portuguese original text of the Constitution of 22 June 1890 23 (2013) Section II: Declaration of Rights : https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbr0396&id=23&collection=cow&index=

English translation of the original Constitution of 1891. [8] (2013) Title II: Of Brazilian Citizens; Title VIII: Of the General Dispositions and Guarantees of the Civil and Political Rights of Brazilian Citizens, Constitution of the Empire of Brazil (1891): [8]; [29]: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0153&id=30&men_tab=srchresults#

Skidmore, Thomas E. “Eduardo Prado: A Conservative Nationalist Critic of the Early Brazilian Republic, 1889-1901.” Luso-Brazilian Review 12, no. 2 (1975): 154. http://www.jstor.org/stable/3512939.

Brunei 🖉 edit

The Constitution of Brunei Declares the Shafi’i school of Sunni Islam (Shafeite sect) the Official religion of the country, Part IX 84.1 states that all no person shall be appointed to any office not professing the Islamic religion. However, Part II, Article 3, Section 1 states, “all other religions may be practiced in peace and harmony by the persons professing them.” This Assertion is first seen in the 1959 Constitution of Brunei Darussalam.

References:

CIA World Factbook. Brunei. https://www.cia.gov/the-world-factbook/countries/brunei/#government

U.S. Department of State 2022 Report on International Religious Freedom: Brunei https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei

International Commission of Jurists. Constitution of Brunei Darussalam 1959. https://www.icj.org/wp-content/uploads/2013/04/Brunei-Constitution-1959-eng.pdf

Bulgaria 🖉 edit

Article 37 of the 1879 Constitution of Bulgaria established "the Orthodox Eastern Confession" as the official religion. However, Article 40 of the 1879 Constitution offered broad freedom to express religious faith: "Christians of other than the Orthodox faith, and those professing any other religion whatever, whether Bulgarian-born subjects or naturalized, as well as foreigners permanently or temporarily domiciled in Bulgaria, have full liberty to profess their religion, unless the performance of their rites violates common law." In line with the last clause of Article 40, Article 41 denied the assertion of religious freedom as a reason to except oneself from general laws: "No one can, under pretext of religious scruples, exempt himself from conformity with the general laws which are binding on all in common."

Article 78 of the 1947 Constitution of the People's Republic of Bulgaria more broadly promised religious liberty: "Citizens are guaranteed freedom of conscience and religion, and of performing religious rites. The Church is separate from the State."

The Constitution of the Republic of Bulgaria was ratified on 12 July 1991. Articles 6.2, 11.4, 13, 37, and 44.2 grant religious protections and freedoms.

References:

1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter IX: Religion: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=8&men_tab=srchresults

1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index=

1991 Constitution of Bulgaria: https://www.parliament.bg/en/const

Burkina Faso 🖉 edit

Article 14 of the 1970 Constitution of Upper Volta reads: "Freedom of religious belief, profession and practise, subject to the maintenance of public order, shall be guaranteed to all by the Constitution."

Under Chapter I, Article 7, Freedom of Religion is asserted in the 1991 Constitution of Burkina Faso. This article also specifies that respect for the law, public order, good morals, and the human person must be upheld with free practice. Equality regardless of religion is also guaranteed under Article I.

References:

1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults

Food and Agriculture Organization of the United Nations. Constitution of Burkina Faso. 1991. https://faolex.fao.org/docs/pdf/bkf128139E.pdf

Burundi 🖉 edit

Freedom of religion was asserted in the 1962 Constitution of the Kingdom of Burundi. Burundi became independent in 1962 from the Belgium administration. Article 13, under Title II, covers freedom of worship.

References:

Constitution of Burundi. 1962. https://upload.wikimedia.org/wikipedia/commons/a/a5/Constitution_du_Burundi_de_1962.pdf

Cambodia 🖉 edit

The 1947 Constitution of Cambodia declares Buddhism as the religion of the state. However, It asserts under Article 8 that, “Liberty of conscience is absolute. So is that of worshiping…” but limits this liberty of worship by articulating that it “suffers no other restrictions than those made necessary by the maintenance of Public order.”

Articles 31 and 43 of the 1993 Constitution grant religious equality under the law and religious freedom of worship, respectively. Article 43 of the 1993 Constitution declares Buddhism the national religion and Article 68 promotes Buddhist institutions.

References:

1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf

1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539

Cameroon 🖉 edit

The 1972 constitution of Cameroon first asserts that Freedom of religion and worship shall be guaranteed in Article 15 of the preamble. In Article 14 the state is declared secular and neutral, also opening the preamble with adherence to the 1948 Universal Declaration of Human Rights. While not specifically mentioned in the 1961 Constitution, it also affirms adherence to the Universal Declaration of Human Rights, which covers religious freedom under Article 18.

References:

1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf

1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en

Canada 🖉 edit

As part of the Constitution Act of 1982, Part I B(2) and F(15) grant religious freedoms and protections. Part I of the 1982 Constitution Act asserts the supremacy of God.

References:

Constitution Act of 1982: https://laws-lois.justice.gc.ca/pdf/const_e.pdf

Cape Verde 🖉 edit

Freedom of religion is first asserted in the 1980 Constitution of the Republic of Cabo Verde. Articles 42.1, 44.1, 45.1, 47.2-3, and 48 grant religious freedoms and prohibit religious discrimination. This constitution guarantees freedom from religious discrimination, separation of church and state, freedom of religious instruction, guaranteed religious presence in hospitals, prisons, and armed forces, and the protection of religious places of worship.

References:

Constitute Project. Constitution of the Republic of Cabo Verde. 1980. https://www.constituteproject.org/constitution/Cape_Verde_1992

Central African Republic 🖉 edit

Article 8 of the 1994 Constitution reads: "The freedom of conscience, of assembly and the free exercise of worship are guaranteed to all within the conditions fixed by law. Any form of religious fundamentalism and intolerance is forbidden."

The Constitution of the Central African Republic was ratified on March 27, 2016. Articles 6 and 10 grant religious freedom, equality, and protections from discrimination. Article 25 declares separation of church and state.

References:

Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf

“Central African Republic 2016 Constitution.” Constitute. Last modified 2016. https://www.constituteproject.org/constitution/Central_African_Republic_2016

Chad 🖉 edit

Article 5 of the 1959 Chad Constitution guaranteed religious freedom: "the Republic assures to all equality of rights without distinction of race, of origin or of religion. Each one professes their religion freely and receives from the State, for the exercise of their belief [culte], an equal protection;"

The 2018 Chad Constitution also guarantees religious freedom, in Title II, Chapter I, Article 27. Article 14 of Title II also guarantees equality without distinction of origin, of race, of sex, of religion, of political opinion or of social position.

References:

1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults

2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en

Chile 🖉 edit

Freedom of Religion was first guaranteed in the 1925 Constitution of The Republic of Chile under Chapter III, Article 10, Section 2: "Practice of all beliefs, liberty of conscience and the free exercise of all religions that may not be contrary to morality, good usage and public order."

Article 10.2 of the 1980 Chile Constitution with revisions up to 2021 offers a very similar formulation of freedom of religion.

References:

Constitute Project. 1925 Constitution of the Republic of Chile. https://www.constituteproject.org/constitution/Chile_1925?lang=en

1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021

China 🖉 edit

Article 6.7 of the 1912 Provisional Constitution of the Republic of China guaranteed freedom of religion.

Article 36 of the People's Republic of China Constitution of 1982 with Amendments through 2018 continues to offer a guarantee of freedom of religion: "Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination." However, according to the US State Department in 2018: "The constitution states citizens have freedom of religious belief but limits protections for religious practice to “normal religious activities” and does not define “normal.” The government continued 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, according to nongovernmental organization (NGO) and international media reports. Only religious groups belonging to one of the five state-sanctioned “patriotic religious associations” (Buddhist, Taoist, Muslim, Catholic, and Protestant) are permitted to register with the government and officially permitted to hold worship services."

References:

1912 Provisional Constitution of the Republic of China: “The Provisional Constitution of the Republic of China.” The American Journal of International Law 6, no. 3 (1912): 149–54. https://archive.org/details/jstor-2212590/page/n1/mode/2up

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018

CHINA (INCLUDES TIBET, XINJIANG, HONG KONG, AND MACAU) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT: https://www.state.gov/wp-content/uploads/2019/05/CHINA-INCLUSIVE-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf

Colombia 🖉 edit

Article 5(5) of the 1853 Constitution of New Grenada guaranteed: "The free profession of religion, whether public or private, so long as it does not disturb the public peace, offend good morals, or obstruct others in their worship;"

Article 19 of the 1991 Constitution states: "Freedom of religion is guaranteed. Every individual has the right to freely profess his/her religion and to disseminate it individually or collectively. All religious faiths and churches are equally free before the law."

References:

1853 Constitution of New Grenada: English translation of the Spanish original text of the Constitution of 1853 202 (2009) Title I: The Republic of New Granada; and Granadines https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzco0029&id=2&men_tab=srchresults

1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015

Comoros 🖉 edit

Religious Freedom is not guaranteed in Comoros. The Constitution declares Sunni Islam the religion of the state under Chapter V, Article 97 under the current constitution. However, Under Title I, Chapter I, Article 2, equality before the law is guaranteed regardless of religion.

U.S. Department of State. Report on International Religious Freedom. 2021. Comoros. https://www.state.gov/reports/2021-report-on-international-religious-freedom/comoros/

Constitute Project. 2018 Constitution of Comoros. https://www.constituteproject.org/constitution/Comoros_2018

Democratic Republic of the Congo 🖉 edit

Under Title II, Article 24, Freedom of religion is affirmed in the 1964 Constitution of the Democratic Republic of the Congo. However, It does state that worship, teaching, practices, and performance of worship should be subject to the respect of public order and good morals. The current Constitution was ratified on February 18, 2006. Articles 13, 22, 45, and 61.7 grant religious protections and freedoms. It also declares the Democratic Republic of the Congo as a secular state.

U.S. Department of State. Report on Religious Freedom. 2022. Democratic Republic of The Congo. https://www.state.gov/reports/2022-report-on-international-religious-freedom/democratic-republic-of-the-congo/

Wikisource. Translated 1964 Constitution of the Democratic Republic of the Congo. https://en.wikisource.org/wiki/Translation:Constitution_of_the_Democratic_Republic_of_the_Congo_(1964)#Title_II._Fundamental_rights

https://www.constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011.pdf?lang=en

Republic of the Congo 🖉 edit

The first assertion of freedom of religion was in the 1991 Constitution of the Republic of the Congo under Title II, Article 26. This article articulates freedom of conscience and belief in religious and philosophical ideas and includes the specification that no one should be relieved from fulfilling a civic duty because of religious opinion. The current Constitution of the Republic of the Congo was ratified on September 22, 2015. Articles 15 and grant religious freedom, equality, and protections. The preamble, Articles 1 and 61 declare the Republic of the Congo as a secular state.

Constitution of the Republic of Congo, Refworld, UNHCR 1992. https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=52930da94

https://www.constituteproject.org/constitution/Congo_2015.pdf?lang=en

Costa Rica 🖉 edit

The Constitution of Costa Rica was ratified on 1949 November 7. Article 75 both declares the Roman Catholic Church as the official religion of Costa Rica and grants freedom of religion.

https://www.constituteproject.org/constitution/Costa_Rica_2011.pdf

Croatia 🖉 edit

Under Title III, Section II, Article 40, Freedom of religion is first asserted in the 1991 Constitution of The Republic of Croatia. Equality regardless of religion is also guaranteed under Article 14.

Food and Agriculture Organization of the United Nations. Croatia's Constitution of 1991 with Amendments through 2001. https://faolex.fao.org/docs/pdf/cro129771.pdf

Cuba 🖉 edit

Article 26 of the 1901 Constitution of Cuba, adopted in 1902, asserted separation of church from state and freedom of religious practice, "without further restriction than that demanded by the respect for Christian morality and public order."

The Constitution of Cuba was ratified on 24 February 2019. Articles 15, 42, and 57 grant religious freedoms, equality, and prohibit religious discrimination. Articles 15 and 32.b declare Cuba a secular state.

References:

1901/1902 Constitution: English translation of the Spanish original text of the Constitution of 1901/2. 155 (2010) Section I: Individual Rights: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcu0004&id=4&men_tab=srchresults

https://www.constituteproject.org/constitution/Cuba_2019.pdf?lang=en

Cyprus 🖉 edit

Under part II, Article 18, Freedom of Religion was first asserted in the 1960 Constitution of Cyprus. This Constitution was adopted upon independence from the UK in the same year.

International Labour Organization. Constitution of Cyprus 1960. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/47927/136251/F-1750868360/CYP47927_LEG_Constitution%201960.pdf

CIA World Factbook. Cyprus. https://www.cia.gov/the-world-factbook/countries/cyprus/

Czech Republic 🖉 edit

The first assertion of freedom of religion within the Czech Republic was asserted in the 1960 Constitution of Czechoslovakia under Chapter II, Article 32. However, In the 1992 Constitution of the Czech Republic, freedom of religion is not mentioned. Instead, there is a supplemental document, The Charter of Fundamental Rights and Freedoms, under the Constitutional Order of 1992 that covers religious freedom under Article 15.

International Labour Organization. Constitution of the Czech Republic https://www.ilo.org/dyn/travail/docs/1967/Constitution%20of%20the%20Czech%20Republic.pdf

World Statesman. Constitution of Czechoslovakia. 1960. https://www.worldstatesmen.org/Czechoslovakia-Const1960.pdf

CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS. https://www.usoud.cz/fileadmin/user_upload/ustavni_soud_www/Pravni_uprava/AJ/Listina_English_version.pdf

Denmark 🖉 edit

As early as 1849, elements of the right to religious freedom were asserted in the Fundamental Law of the Kingdom of Denmark. According to Article 76 of the 1866 revised version of the 1849 Fundamental Law, "Citizens shall have the right to organize themselves into societies for the worship of God according to their convictions, provided that their doctrines and conduct do not violate good morals or public order." Article 79 of the 1866 revision held that there could be no religious test for enjoyment of civil rights, or relief from civil obligations by reason of religion. Articles 75 and 78 of the 1866 revision described the legal regulation of the national church and of other churches.

Article 77 of the 1866 revision required that those unable to show membership in a denomination recognized by the government "shall pay into the educational funds the personal taxes authorized by law for the use of the national church." The 1953 Constitutional Act of Denmark addresses religious liberty in Sections 66-70, and in Section 68 asserts: "No one shall be liable to make personal contributions to any denomination other than the one to which he adheres."

References:

1849 Fundamental Law of the Kingdom of Denmark: French translation of the Fundamental Law of 1849 1218 (2010) Fundamental Law of the Kingdom of Denmark: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzdk0006&collection=cow

Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: English translation of the Fundamental Law of 1866, revising that of 1849. 278 (2010), VIII: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzdk0009&id=12&collection=cow&index=

1953 Constitutional Act of Denmark: https://www.thedanishparliament.dk/-/media/sites/ft/pdf/publikationer/engelske-publikationer-pdf/the_constitutional_act_of_denmark_2018_uk_web.pdf

Djibouti 🖉 edit

Djibouti’s constitution, adopted in 1992, affirms Islam as the state’s religion, though it respects all faiths and protects freedom of religion. The right is guaranteed under Article 11 (Djibouti 1992).

Djibouti. 1992 "Djibouti 1992 (rev. 2010)" Constitute Project. https://www.constituteproject.org/constitution/Djibouti_2010

Dominica 🖉 edit

After its independence from the United Kingdom in 1979, the Commonwealth of Dominica adopted its Constitution, which had been written the year prior. Article 9 deals with “Protection of conscience” and protects freedom of religion (Dominica 1978).

Dominica. 1978 “Dominica 1978 (rev. 2014)” Constitute Project https://www.constituteproject.org/constitution/Dominica_2014

Dominican Republic 🖉 edit

Article 11, Section 18 of the 1887 Constitution of the Dominican Republic offered religious toleration, observing that Roman Catholicism was the official religion, but allowing that "Other sects may hold their services freely in their respective houses of worship."

References:

English translation of the Constitution of 1887. 757 (2010) Chapter III: National Guarantees:https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdo0006&id=3&men_tab=srchresults

East Timor 🖉 edit

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.

Ecuador 🖉 edit

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.

Egypt 🖉 edit

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

El Salvador 🖉 edit

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

Equatorial Guinea 🖉 edit

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

Eritrea 🖉 edit

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-

Estonia 🖉 edit

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 🖉 edit

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

Ethiopia 🖉 edit

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

Fiji 🖉 edit

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.

Finland 🖉 edit

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 🖉 edit

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 🖉 edit

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.

The Gambia 🖉 edit

The Gambia Independence Order of 1965, written on January 29th, 1965, and presented to the British Parliament in the same year, protects and guarantees the right to freedom of religion in Gambia. Article 19 deals with freedom of conscience and its six sections address freedom of religion, granting it to all citizens (“The Gambia Independence Order” 1965). Under the 2020 Constitution of the Gambia Articles 1.3, 4.d, 12, 32, 49, 67, 69, 274.1(d), and 296.2(d) offer extensive religious protections and prohibit religious discrimination, and Articles 88.5(b) and 153.2(b) declare that the president and national assembly may not establish a national religion.

“The Gambia Independence Order” 1965. Citizenshiprightsafrica.org http://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Gambia-Constitution-1965.pdf

Constitution Project “Gambia (the) 2020 Constitution.” Constitute. POGO, April 27, 2022. https://www.constituteproject.org/constitution/Gambia_2020D?lang=en#:~:text=Gambia%20(The)%202020%20Constitution%20%2D%20Constitute.

Georgia 🖉 edit

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.

Germany 🖉 edit

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

Ghana 🖉 edit

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.

Greece 🖉 edit

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.

Grenada 🖉 edit

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 🖉 edit

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

Guinea 🖉 edit

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.

Guinea-Bissau 🖉 edit

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.

Guyana 🖉 edit

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 🖉 edit

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.

Honduras 🖉 edit

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.

Hungary 🖉 edit

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.

Iceland 🖉 edit

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.

India 🖉 edit

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.

Indonesia 🖉 edit

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.

Iran 🖉 edit

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.

Iraq 🖉 edit

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.

Republic of Ireland 🖉 edit

Ireland’s first constitution resulted from a bilateral agreement in 1922 with the British Empire that granted Ireland independent sovereignty. Article 8 of the Constitution of the Irish Free State Act states, “Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen, and no law may be made either directly or indirectly to endow any religion, or prohibit or restrict the free exercise thereof or give any preference, or impose any disability on account of religious belief or religious status, or affect prejudicially the right of any child to attend a school receiving public money without attending the religious instruction at the school, or make any discrimination as respects State aid between schools under the management of different religious denominations, or divert from any religious denomination or any educational institution any of its property except for the purpose of roads, railways, lighting, water or drainage works or other works of public utility, and on payment of compensation.”

References:

Book (eISB), electronic Irish Statute. n.d. “Electronic Irish Statute Book (EISB).” Www.irishstatutebook.ie. Accessed June 21, 2024. https://www.irishstatutebook.ie/eli/1922/act/1/enacted/en/print#:~:text=AN%20ACT%20TO%20ENACT%20

Israel 🖉 edit

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/.

Italy 🖉 edit

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.

Ivory Coast 🖉 edit

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.

Jamaica 🖉 edit

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.

Japan 🖉 edit

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

Jordan 🖉 edit

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.

Kazakhstan 🖉 edit

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

Kenya 🖉 edit

The right to freedom of religion can be found in Kenya’s Independence Constitution of 1963, ratified on December 10, 1963. Article 22, Part 1 states: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes 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 Kenya”, 1963). Exceptions to this were conceived in terms of laws "(a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion." The language in the 1963 Constitution is repeated in the 1969 Constitution, at Article 79.1.

In the 2010 Constitution, articles 21.3, 27.4, and 32 grant religious freedom, equality, and prohibit religious discrimination. The Preamble acknowledges the supremacy of God, Article 8 declares no state religion.

References:

1963 Constitution of Kenya: English official original text of the Constitution of 1963 as appended to the Kenya Independence Order in Council 1963. 40 (1963) Chapter II: Protection of Fundamental Rights and Freedoms of the Individual: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzke0008&id=41&men_tab=srchresults

1969. The Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1.

KLRC. “Home.” Kenya Law Reform Commission (KLRC). KLRC, 2022. Last modified 2022. Accessed June 17, 2022. https://www.klrc.go.ke/index.php/constitution-of-kenya.

Kiribati 🖉 edit

The Constitution, contained within the Independence Order of Kiribati ratified on July 12, 1979, established freedom of religion in Kiribati. The right can be located in Chapter II, Article 11, Part 1 (“Kiribati Independence Order of 1979”, 1979).

1979. Kiribati Independence Order of 1979. July 12. https://constitutionnet.org/sites/default/files/Kiribati%20Constitution.pdf.

PACII. “Constitution of Kiribati.” Pacific Islands Legal Information Institute . University of the South Pacific School of Law, May 6, 2022. Last modified May 6, 2022. Accessed June 17, 2022. http://www.paclii.org/ki/legis/consol_act/cok257.pdf.

Kuwait 🖉 edit

The first assertion of the right to freedom of religion in Kuwait is in the Constitution of 1962, ratified on November 11, 1962. The right can be found in Part III, Article 35. Part 1, Article 2 establishes the official religion as Islam (“Kuwait 1962 Constitution”, 1962).

“Kuwait 1962 Constitution.” 1962. Constitute Project. November 11. https://www.constituteproject.org/constitution/Kuwait_1992?lang=en.

Kyrgyzstan 🖉 edit

According to Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Every person in the Kyrgyz Republic shall enjoy the right ... to freedom of creed, spirit and worship". A general assertion of freedom of expression is offered in the same article.

References:

1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html

Laos 🖉 edit

Laos first established the right to freedom of religion in the 1991 Constitution, ratified on August 15. The right can be found in Chapter 1, Article 9 (“CONSTITUTION OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC”, 1991).

“CONSTITUTION OF THE LAO PEOPLE’S DEMOCRATIC REPUBLIC.” 1991. International Labour Organization. August 15. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/75323/87941/F1091614924/LAO75323.pdf.

Latvia 🖉 edit

The first assertion of freedom of religion is in the 1922 Latvian Constitution, ratified on February 15th. The right can be found in Chapter VIII, Article 99 (“Latvia 1922 Constitution”, 1922).

“Latvia 1922 Constitution.” 1922. Constitute Project. February 15. https://www.constituteproject.org/constitution/Latvia_2016.

The Constitutional Assembly. “Latvijas Republikas Satversme.” LIKUMI Latvia . Latvijas Vēstnesis, 1993. Last modified 1993. Accessed June 17, 2022. https://likumi.lv/ta/en/en/id/57980.

Lebanon 🖉 edit

The first assertion of freedom of religion in Lebanon was in their 1926 Constitution, ratified on May 23. Articles 9, 10, 19, and 22 grant religious freedom, equality, and prohibit religious discrimination. (“The Lebanese Constitution”, 1926).

1926. The Lebanese Constitution. Lebanese Parliament. May 23. https://www.lp.gov.lb/backoffice/uploads/files/Lebanese%20%20Constitution-%20En.pdf.

Lesotho 🖉 edit

Freedom of conscience was guaranteed in the 1966 Lesotho Constitution. The right to religious freedom in Lesotho can be found in the 1993 Constitution, ratified on April 2nd. Articles 4.1, 13, 16.1, 18.3, 18.5, and 26.1 grant religious freedom, equality, and prohibit religious discrimination. (“Lesotho 1993 Constitution”, 1993).

References:

1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737.

“Lesotho 1993 Constitution.” 1993. Constitute Project. April 2. https://www.constituteproject.org/constitution/Lesotho_2018.

Liberia 🖉 edit

The Liberian Constitution of 1847 is the first document in the country’s history to assert freedom of Religion. Article 3 of the document specifically outlines this right.

More recently, the Constitution of the Republic of Liberia was ratified on 6 January 1986. Articles 14, and 18 grant religious freedom, equality, and prohibit religious discrimination. Articles 14 declares a separation between religion and the state.

“Constitutional Convention of 1847.” Government of Liberia. Accessed June 25, 2023. http://crc.gov.lr/doc/CONSTITUTION%20OF%201847%20final.pdf

National Constitution Committee. “1986 Constitution of the Republic of Liberia.” Judiciary of the Republic of Liberia. Supreme Court of Liberia, 1986. Last modified 1986. Accessed June 17, 2022. http://judiciary.gov.lr/wp-content/uploads/2017/11/CONSTITUTION-OF-THE-REPUBLIC-OF-LIBERIA.pdf.

Libya 🖉 edit

Article 21 of Libya’s 1951 Constitution contains the first assertion of freedom of religion in the state’s independent history. However, Libya has gone through significant changes in government since the founding of this document. Under the 2011 Constitution Article 6 grants freedom of religion and prohibits religious discrimination. Article 1 declares Islam the official religion of Libya.

“Constitution of 1951.” DCAF Libya. Accessed July 25, 2023. https://security-legislation.ly/en/law/31474 “Libya’s Constitution of 2011.” Constitute. Accessed July 25, 2023. https://www.constituteproject.org/constitution/Libya_2011.pdf

Liechtenstein 🖉 edit

Liechtenstein’s 1862 Constitution is the first document in the country’s history to assert freedom of religion. Article 8 of the document specifically defines this right, stating that “freedom of the person and of external worship are guaranteed.”

In the 1921 Constitution of the Principality of Liechtenstein, Articles 37.1 and 39 grant religious freedom, and Article 37.2 declares the Roman Catholic Church is the official church. Article 37 states: “1) Freedom of religion and conscience shall be guaranteed for all. 2) The Roman Catholic Church is the National Church and as such shall enjoy the full protection of the State; other denominations shall be entitled to practice their creeds and to hold religious services within the limits of morality and public order.”

“Constitution of 26 September 1862.” World Constitutions Illustrated, Heinonline. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzli0005&i=2

Parliament of Liechtenstein. “Constitution of the Principality of Liechtenstein.” State Administration of the Principality of Liechtenstein. State Administration of the Principality of Liechtenstein, 2014. Last modified 2014. https://www.llv.li/files/rdr/Verfassung-E-01-02-2014.pdf

Lithuania 🖉 edit

The first assertion of freedom of religion in Lithuania’s post-Soviet history is contained in the country’s 1992 Constitution. Articles 26, 27, and 43 grant religious freedom, equality, and prohibit discrimination. Article 43 asserts that there shall be no state religion in Lithuania.

“Lithuania 1992 (rev. 2006).” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Lithuania_2006

Parliament of Lithuania . “CONSTITUTION OF THE REPUBLIC OF LITHUANIA.” Lietuvos Respubilkos Siemas . Parliament of Lithuania , March 20, 2003. Last modified March 20, 2003. Accessed June 17, 2022. https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=rivwzvpvg&documentId=TAIS.211295&category=TAD.

Luxembourg 🖉 edit

Luxembourg’s Constitution of 1848 was the first document to guarantee freedom of religion in the country’s independent history. Articles 20 and 21 specifically outline this right.

“Mémorial Législatif et Administratif du Grande-Duché de Luxembourg.” Strada Lex Luxembourg. Accessed July 26, 2023. https://www.stradalex.lu/fr/slu_src_publ_leg_mema/toc/leg_lu_mema_184807_52/doc/mema_1848A0389A

Madagascar 🖉 edit

Article 39 of Madagascar’s 1975 Constitution contains the first assertion of freedom of religion in the country’s independent history. However, the preamble of the country’s 1959 Constitution does protect freedom of speech, assembly, and association which may have helped protect freedom of religion to an extent.

“Constitution de la République démocratique malgache.” Digithèque MJP. Accessed July 26, 2023. https://mjp.univ-perp.fr/constit/mg1975.htm#2 “Constitution of the Malagasy Republic.” World Constitutions Illustrated, Heinonline. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmg0017&i=2

Malawi 🖉 edit

The first assertion of freedom of religion in Malawi’s independent history is contained in the country’s 1964 Constitution. Article 19(1) specifically defines this right: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes 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 private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.”

References:

“Constitution of Malawi.” Citizenship Rights Africa. Accessed July 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf

Malaysia 🖉 edit

Article 11, Clause 1 of Malaysia’s 1957 Constitution contains the first assertion of freedom of religion in the country’s independent history: "Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it." The article’s 4th clause, to which clause 1 referred, stipulates that “State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.” Furthermore, Article 11, Clause 5 offers a further condition: "This Article does not authorize any act contrary to any general law relating to public order, public health or morality." Article 11, Clause 2 asserted that citizens would not be required to pay taxes in support of any religion that was not their own, and Article 11, Clause 3 specified the rights of religious groups: "Every religious group has the right - (a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes; and (c) to acquire and own property and hold and administer it in accordance with law." Finally, Article 3, Clause 1 offers a general guarantee of freedom of religious practice: "Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation."

References:

1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html

Mali 🖉 edit

Article 4 of Mali’s Fundamental Law No. 1 (1991) contains the first assertion of freedom of religion in Mali’s independent history. This was followed up by a 1992 Constitution which also protected the right.

“Acte Fondamental No. 1/C.T.S.P.” World Constitutions Illustrated. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzml0008&i=3 “Mali 1992.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Mali_1992

Malta 🖉 edit

Article 40(1) of Malta’s 1964 Constitution contains the first guarantee of freedom of religion in the country’s independent history. Meanwhile, Article 2 states that the country’s official faith is the Roman Catholic Apolistic Religion.

“Malta 1964 (rev. 2016).” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Malta_2016

Marshall Islands 🖉 edit

The Marshall Islands’ Constitution of 1979 contains the first assertion of freedom of religion in the country’s independent history. Section 1 specifically outlines this right.

“The Constitution of the Republic of the Marshall Islands.” Republic of the Marshall Islands Parliament. Accessed July 27, 2023. https://rmiparliament.org/cms/constitution.html

Mauritania 🖉 edit

Article 2 of Mauritania’s 1959 Constitution contains the first assertion of freedom of religion in the country’s independent history. The document also states that “the religion of the Mauritanian people is the Muslim religion.”

Mauritania’s 1991 constitution was adopted on 12 July of that year. The preamble and Article 1 guarantee equality under the law, however it does not include religion as a distinct protected class. Article 5 declares that Islam is the state religion.

“Islamic Republic of Mauritania Constitution of 22 March 1959.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmr0017&i=3

Constitution Project. “Mauritania 1991 (Rev. 2012) Constitution.” Constitute. POGO , April 27, 2022. Last modified April 27, 2022. Accessed June 21, 2022. https://www.constituteproject.org/constitution/Mauritania_2012?lang=en.

Mauritius 🖉 edit

The Constitution of the Republic of Mauritius was ratified on 12 March 1968. Articles 11 and 14.1 grant religious freedom, equality, and prohibit religious discrimination.

Mauritius National Assembly. Mauritius National Assembly. Mauritius Government, May 2018. Last modified May 2018. Accessed June 21, 2022. https://mauritiusassembly.govmu.org/.

“Mauritius 1968 (rev. 2016).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mauritius_2016

Mexico 🖉 edit

The Political Constitution of the Mexican United States was ratified on 5 February 1917. Articles 1, 3.2(c), 24, 27.2, 130(b-d) grant religious freedom, equality, and prohibit religious discrimination. Article 130 declares a separation of church and state; and that religious minister cannot promote candidate, nor attack national symbols.

Article 24 of Mexico’s 1917 Constitution, which is still in use today, contains the first assertion of freedom of religion in the country’s post-revolutionary history. However, prior to the 1910 Revolution, the first amendment to the country’s 1859 Constitution (also known as the Law of September 25, 1873) did state that the legislature should not adopt any law that established or forbid a religion.

Constituent Congress of 1917. “Koxtitusion Poríitika Mejikopo Nesaweme Constitución ... - Senado.gob.mx.” Senate of the Republic. Mexican Government, 2005. Last modified 2005. Accessed June 21, 2022. https://www.senado.gob.mx/comisiones/puntos_constitucionales/docs/CPM_INGLES.pdf.

“Constitution.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmx0010&i=1

“Mexico 1917 (rev. 2015).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mexico_2015

Federated States of Micronesia 🖉 edit

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/.

Moldova 🖉 edit

Constitution of the Republic of Moldova was ratified on 27 July 1994. Articles 10.2, 31, 32.3, and 35.8 grant religious freedom, equality, and prohibit religious discrimination. The preamble declares secular aspirations for the state of Moldova.

Parliament of the Republic of Moldova. “Constitution of the Republic of Moldova .” Constitutional Court of the Republic of Moldova . Constitutional Court of the Republic of Moldova , 2022. Last modified 2022. Accessed June 21, 2022. https://www.constcourt.md/public/files/file/Actele%20Curtii/acte_en/MDA_Constitution_EN.pdf.

Monaco 🖉 edit

Article 10 of Monaco’s 1911 Constitution contains the first assertion of freedom of religion in the country’s history. The document was then heavily revised in 1962 and remains in use to this day. In the 1962 Constitution, Article 23 grants religious freedom. Article 9 declares Catholicism the official state religion.

“Constitution of Monaco.” World Constitutions Illustrated. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.beal/connat0002&i=474

Prince Rainer III and National Council of Monaco. Princely Government of the Principality of Monaco . Princely Government of the Principality of Monaco , 2002. Last modified 2002. Accessed June 21, 2022. https://en.gouv.mc/Government-Institutions/Institutions/Constitution-of-the-Principality#eztoc1036069_1.

Mongolia 🖉 edit

According to Chapter 1, Article 3(f) of the 1924 Constitution of the Mongolian People's Republic, "In order to secure for the toilers real freedom of conscience, the Church is separated from the State, and it is declared that religion is the private concern of each citizen."

Freedom of religion was later guaranteed in Article 81 of the 1940 Constitution of the Mongol People's Republic: "In the Mongol People's Republic religion is separated from the state and the school. Citizens of the Mongol People's Republic have freedom of religion and of antireligious propaganda."

The Fundamental Law of Mongolia was ratified on 13 January 1992. Articles 14, 16.15, and 19.2 grant religious freedom, equality, and prohibit religious discrimination. Article 9 declares that the state may not engage in religious activities.

References:

1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults

“Constitution of the Mongol People’s Republic.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/cososnat0002&i=735

The People's Great Khural. “The Constitution of Mongolia.” Constitutional Court of Mongolia . Constitutional Court of Mongolia , 2022. Last modified 2022. Accessed June 21, 2022. https://www.conscourt.gov.mn/?page_id=842&lang=en.

“Mongolia 1992 (rev. 2001).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mongolia_2001

Montenegro 🖉 edit

According to Article 208 if the 1905 Constitution: "Liberty of conscience is unlimited. The recognized religious confessions are free and protected by the law in so far as the exercise of their cult does not offend public order and morals." In the 1992 Constitution of the Republic of Montenegro, Articles 11, 34, 43, 67, 70, 74, and 76 grant extensive religious freedom, equality, and prohibit religious discrimination. Article 11 declares separation of church and state. In Montenegro’s Constitution of 2007, Article 46 specifically describes the freedom of religion, which is also alluded to in Article 14.

1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index=

The Assembly of the Republic of Montenegro. “Constitution of the Republic of Montenegro.” Government of Montenegro. Ministry of Justice, January 30, 2004. Last modified January 30, 2004. Accessed June 21, 2022. https://www.gov.me/en/documents/d7f0c262-dfa2-448b-a2c3-1e5ba628f2bb.

“Montenegro 2007.” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Montenegro_2007

Morocco 🖉 edit

Freedom of religion is protected in Morocco in tandem with the establishment of a state religion. Article 6 of the first Moroccan constitution of 1962 determines that Islam is the religion of the state while also protecting “the free exercise of beliefs [cultes]” for all (Hein Online). This right is still protected today under Article 3 of the current constitution (constituteproject.org).

"Fundamental Principles." Constitution of Morocco, pp. 562-563. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzma0011&i=1.

“Morocco 2011 Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Morocco_2011.

Mozambique 🖉 edit

Freedom of religion was first noted in Article 33 of Mozambique’s 1975 constitution which stated that “[i]n the People’s Republic of Mozambique the State guarantees the freedom of citizens to practice or not to practice a religion” (Hein Online).

The current Constitution of the Republic of Mozambique was ratified on December 21, 2004. Articles 12.3, 12.4, 35, 39, 54, 71.1, 251, and 286 grant religious freedom, equality, and prohibit discrimination. Articles 12.2 and 292.1(c) create a separation between religion and the state. Article 54 of Mozambique’s constitution states that “[a]ll citizens shall have the freedom to practice or not to practice a religion. Nobody shall be discriminated against… or benefit from or be exempt from duties, on the grounds of his faith or religious persuasion or practice” (constituteproject.org).

"Section II: Fundamental Rights and Duties of Citizens ." Official English Translation, The Constitution of the People's Republic of Mozambique, 1975, pp. 5-6. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzmz0011&i=6.

“Mozambique 2004 (Rev. 2007) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Mozambique_2007.

Myanmar 🖉 edit

Freedom of religion was first conditionally protected under Article 21(b) of the 1947 Constitution of the Socialist Republic of the Union of Burma which states that Burmese citizens “shall enjoy the right to profess their religion… provided the enjoyment of any such freedom does not offend the laws or the public interest” (Hein Online).

The current Constitution of the Republic of the Union of Myanmar was ratified on 29 May 2008. Articles 34, 348, 352, 354(d), 363, and 368 grant religious freedom, equality, and prohibit religious discrimination. Article 362 recognizes Christianity, Islam, Hinduism and Animism as religions in the country. Article 34 of Myanmar’s current constitution protects freedom of religion for its citizens. It states: “Every citizen is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of this Constitution” (constituteproject.org).

"Chapter II: Basic Principles." The Constitution of the Socialist Republic of the Union of Burma, 1974, pp. 4-7. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzmm0005&i=8.

“Myanmar 2008 (Rev. 2015) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Myanmar_2015.

Namibia 🖉 edit

Constitution of the Republic of Namibia was ratified on 09 February 1990. Articles 10.2, 14.1, 19, 21, and 97 grant religious freedom, equality, and prohibit religious discrimination. The preamble and Article 1.1 declare Namibia a secular state. Freedom of religion is protected for Namibian citizens under Article 21 Section 1c which states that “[a]ll persons shall have the right to… freedom to practise any religion and to manifest such practice…” (constituteproject.org).

Hishoono, Naita. “THE Constitution in the 21st Century Perspectives on the Context and Future of Namibia’s Supreme Law.” CMS. Namibia Institute for Democracy (NID) and the Institute for Public Policy Research (IPPR), 2011. Last modified 2011. Accessed June 23, 2022. https://cms.my.na/assets/documents/p1a3o3rq6r1ci1ma2ld714vmtm1.pdf.

“Namibia 1990 (Rev. 2014) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Namibia_2014.

Nauru 🖉 edit

Article 11 Section 1 of Nauru’s 1968 constitution protects freedom of religion for its citizens. It states: “A person has the right to freedom of conscience, thought and religion, including freedom to change his religion or beliefs and freedom, either alone or in community with others and in public or private, to manifest and propagate his religion or beliefs in worship, teaching, practice and observance” (constituteproject.org).

“Nauru 1968 (Rev. 2015) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nauru_2015.

Nepal 🖉 edit

Freedom of religion was mentioned in Nepal’s first constitution of 1948 in Article 4 which stated that “[s]ubject to the principles of public order and morality, this Constitution guarantees to the citizens of Nepal… freedom of worship…” (Hein Online). Freedom of religion is now protected under Article 26 Section 1 of the current constitution which states that “[e]ach person shall be free to profess, practice, and preserve his/her religion according to his/her faith” (constituteproject.org).

“Nepal 2015 (Rev. 2016) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nepal_2016.

"Part III: The Executive." Constitution of Nepal. Katmandu, 26th January, 1948., 1948, pp. 658-660. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zznp0020&i=3.

Kingdom of the Netherlands 🖉 edit

The Constitution of the Kingdom of the Netherlands was ratified on 29 March 1814. Articles 1, 6.1, 23.3, and 23.5 grant religious freedom, equality, and prohibit religious discrimination. Article 6 Section 1 of this constitution states “[e]veryone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law” (constituteproject.org).

Ministerie van Binnenlandse Zaken en Koninkrijksrelaties. “The Constitution of the Kingdom of the Netherlands 2008.” Government of the Netherlands. Ministerie van Algemene Zaken, April 29, 2014. Last modified April 29, 2014. Accessed June 23, 2022. https://www.government.nl/documents/regulations/2012/10/18/the-constitution-of-the-kingdom-of-the-netherlands-2008.

“Netherlands 1814 (Rev. 2008) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Netherlands_2008.

New Zealand 🖉 edit

The New Zealand Bill of Rights Act (NZBORA) of 1990 was ratified on 28 August 1990; the Human Rights Act of 1993 was ratified 10 August 1993. Articles 13, 15, and 20 of the NZBORA and Articles 21.1(c), 21.1(d), 25.1(ai), 26, 27.2, 28, 39.1, 55, and 58.1 of the HRA grant religious freedom, equality, and prohibit religious discrimination. Article 13 of the 1990 New Zealand Bill of Rights Act states that “[e]veryone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference” (constituteproject.org).

Parliament of New Zealand. “Human Rights Act 1993.” New Zealand Legislation. The Parliamentary Counsel Office, 2021. Last modified 2021. Accessed June 23, 2022. https://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304490.

Parliament of New Zealand. “New Zealand Bill of Rights Act 1990.” New Zealand Legislation. Parliamentary Counsel Office, 2011. Last modified 2011. Accessed June 23, 2022. https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792.

“New Zealand 1852 (Rev. 2014) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/New_Zealand_2014.

Nicaragua 🖉 edit

Free practice of religion was prohibited in the first Nicaraguan constitution of 1826, with Title 4 Chapter 2 Article 46 establishing that “[t]he Religion of the State is the Catholic, Apostolic, Roman, with the exclusion of the public exercise of any other” (Hein Online, 1826). Freedom of religion was first protected in the 1838 constitution under Article 53 which established Catholicism as the state religion, but stipulated that “the public exercise of the other religions is not prohibited” (Hein Online, 1838).

The current Constitution of Nicaragua was ratified on January 1, 1987. Articles 27, 29, 49, 69, 82.1, 124, and 180 grant religious freedom, equality, and prohibit discrimination. Article 14 declares that Nicaragua has no official religion. Article 29 states: “[e]veryone has the right to freedom of conscience and thought and to profess or not profess a religion” (constituteproject.org).

"Chapter 1: General Provisions." Constitution of the State of Nicaragua 8 April 1826, 1826, pp. 7-8. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzni0038&i=7.

"Chapter V: Of the Government and of Religion." Political Constitution of the Sovereign, Free and Independent State of Nicaragua 12 November 1838, 1838, pp. 8-8. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzni0040&i=8.

“Nicaragua 1987 (Rev. 2014) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nicaragua_2014.

Niger 🖉 edit

The Constitution of Niger was ratified on 31 October 2010. Articles 8, 17, and 30 grant religious freedom, equality, and prohibit religious discrimination. Article 3 declares a separation of church and state. Article 30 of the 2010 Niger constitution ostates: “Any person has the right to freedom of thought, of opinion, of expression, of conscience, of religion and of worship [culte]” (constituteproject.org).

“Niger 2010 (Rev. 2017) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Niger_2017.

Nigeria 🖉 edit

Article 23.1 of the 1960 Nigerian constitution is the first time freedom of religion was protected for Nigerian citizens. It states: “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom… to manifest and propagate his religion or belief in worship, teaching, practice and observance” (Hein Online).

The current Constitution of the Federal Republic of Nigeria was ratified on May 29, 1999. Articles 15.2, 38, and 42.1 grant religious freedom, equality, and prohibit religious freedom. Article 10 forbids a declaration of a state religion. Article 38.1 of the current constitution uses the same language concerning freedom of religion as the 1960 Constitution (constituteproject.org).

"Chapter III: Fundamental Rights." CONSTITUTION OF THE FEDERATION OF NIGERIA, pp. [17]-[27]. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzng0011&i=22.

“Nigeria 1999 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nigeria_2011.

National Assembly of Nigeria. “Constitution of the Federal Republic of Nigeria.” Nigeria Law. Nigeria Law, 2011. Last modified 2011. Accessed June 23, 2022. http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm.

North Korea 🖉 edit

Freedom of religion was first established in North Korea under Part II Article 14 of the 1948 constitution which stated that “[e]very citizen shall have freedom of religion…” (Hein Online). Freedom of religion is now conditionally protected under Article 68 of the 1972 constitution. It states that “[c]itizens have freedom of religious belief. This right is granted through the approval of the construction of religious buildings and the holding of religious ceremonies. Religion must not be used as a pretext for drawing in foreign forces or for harming the State or social order” (constituteproject.org).

“Korea (Democratic People’s Republic of) 1972 (Rev. 2016) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Peoples_Republic_of_Korea_2016.

"Part II: General Provisions." Constitution of the Democratic People's Republic of Korea, pp. 2-4. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzkp0005&i=2.

North Macedonia 🖉 edit

The Constitution of the Republic of North Macedonia was ratified on 17 November 1991. Articles 9, 19, 20, 48, 54, 110, and amendments VII.2 and VIII.1 grant religious freedom, equality and prohibit religious discrimination. Article 19 and Amendment VII.1 declares a separation of church and state.

Article 19 states: “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others is guaranteed” (constituteproject.org). It also further elaborates and states that “[t]he Macedonian Orthodox Church and other religious communities and groups are separate from the state and equal before the law…” (constituteproject.org).

“North Macedonia (Republic of) 1991 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Macedonia_2011.

Republic of Macedonia. “Constitution of the Republic of North Macedonia.” Government of the Republic of North Macedonia. Last modified 2019. Accessed June 24, 2022. https://vlada.mk/sites/default/files/dokumenti/zakoni/the_constitution_of_the_republic_of_north_macedonia_containing_the_valid_constitutional_provisions_in_force_as_amended_by_constitutional_amendments_i-xxxvi.pdf.

Norway 🖉 edit

In 2012, Norway officially and explicitly guaranteed the freedom of religion through a constitutional amendment securing a secular Norwegian state.

Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 20, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzno0083&id=3&men_tab=srchresults.

Oman 🖉 edit

Freedom of religion is conditionally protected in Oman under Article 28 of the 1996 constitution: “The freedom to practice religious rites according to recognised customs is protected, provided it does not violate the public order or contradict morals” (constituteproject.org). However, Article 2 also establishes that “[t]he religion of the State is Islam and Islamic Sharia is the basis for legislation” (constituteproject.org).

“Oman 1996 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Oman_2011.

Sultan Haitham . “ROYAL DECREE NO. (101/96).” Ministry of Justice and Legal Affairs . Last modified 2022. Accessed June 24, 2022. https://www.mjla.gov.om/eng/basicstatute.aspx.

Pakistan 🖉 edit

Part II Article 18(a) of the first Pakistani constitution of 1956 states that while Islam is the state religion, freedom of religion is conditionally protected: “Subject to law, public order and morality… every citizen shall have the right to profess, practice and propagate any religion…” (Hein Online). This continues to be protected in Part I Section 2 of the current constitution which was ratified in 1973 (constituteproject.org).

“Pakistan 1973 (Reinst. 2002, Rev. 2018) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Pakistan_2018.

"Part II: Fundamental Rights." Constitution of the Islamic Republic of Pakistan, pp. [27]-[37]. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzpk0008&i=34.

Palau 🖉 edit

The Constitution of the Republic of Palau was ratified on 9 July 1980. Articles IV section 1 and section 5 grant religious freedom, equality, and prohibit religious discrimination. Article IV section 1 declares no official state religion.

Article IV Section 1 states “[t]he government shall take no action to deny or impair the freedom of conscience or of philosophical or religious belief of any person nor take any action to compel, prohibit or hinder the exercise of religion” (constituteproject.org).

“Palau 1981 (Rev. 1992) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Palau_1992.

Panama 🖉 edit

Freedom of religion in Panama was first protected in the constitution of 1904. Article 26 established that while Catholicism was recognized as the majority religion, “[t]he profession of all religions is free…” (Hein Online).

The current Constitution of Panama was ratified on October 11, 1972. Articles 19, 35, 36, 45, 67, 94, 181 and 300 grant religious freedom, equality, and prohibit religious discrimination. Article 35 recognizes that the majority of Panamanians are Catholic and article 107 declares that Catholicism is to be taught in schools. Article 35 of the 1972 constitution states that “[a]ll religions may be professed and all forms of worship practiced freely, without any other limitation than respect for Christian morality and public order. It is recognized that the Catholic religion is practiced by the majority of Panamanians" (constituteproject.org).

“Panama 1972 (Rev. 2004) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Panama_2004.

Papua New Guinea 🖉 edit

Freedom of religion is conditionally protected under Article 45 in Papua New Guinea’s 1975 constitution: “Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38…” (constituteproject.org). Articles 2.1, 2.5, 45, 55.1, and 233.3(aiii) grant religious freedom, equality, and prohibit religious discrimination.

Parliament of Papua New Guinea. “Constitution of the Independent State of Papua New Guinea.” National Parliament of Papua New Guinea. Last modified 2022. Accessed June 24, 2022. https://www.parliament.gov.pg/constitution-of-the-independent-state-of-papua-new-guinea.

“Papua New Guinea 1975 (Rev. 2016) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Papua_New_Guinea_2016.

Paraguay 🖉 edit

Freedom of religion was first protected in Paraguay under the constitution of 1870. Part I Chapter I Article 3 states that while Roman Catholicism is the state religion, “Congress… shall not have power to forbid the free exercise of any other religion…” (Hein Online). The current Constitution of the Republic of Paraguay was ratified on June 20, 1992. Articles 24, 37, 63, 74 and 88 grant religious freedom, equality, and prohibit religious discrimination. Article 24 declares the relationship between the state and the Catholic church to be independent, cooperative, and autonomy. Article 24 states that “[t]he freedom of religion, of worship, and ideological [freedom] are recognized without any restrictions other than those established in this Constitution and in the law” (constituteproject.org).

"Chapter I: General Declarations." Constitution of the Republic of Paraguay, pp. 1-3. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzpy0009&i=2.

“Paraguay 1992 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Paraguay_2011.

Peru 🖉 edit

Peru enacted its first national constitution in 1823 which granted rights exclusively to men who held property and proved themselves to be literate(Peru, Constitutions, Encyclopedia.com). Over a century later, the 1933 Constitution of the Republic of Peru guarantees the freedom to religion in Title 14, Article 232 while protecting and maintaining Catholicism as the state religion.

The current Constitution of Peru was ratified on 31 December 1993. Articles 2.2, 2.3, and 37 grant religious freedom, equality, and prohibit religious discrimination. Article 50 recognizes the Catholic Church as historically, culturally, and morally important.

References: “Peru, Constitutions Encyclopedia.com.” n.d. Www.encyclopedia.com. Accessed June 20, 2024. https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts- and-maps/peru-constitutions#:~:text=The%201823%20constitution%20extended%20political.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/COWShow?collection=cow&cow_id=326.

Constitution Project. “Peru 1993 (Rev. 2021) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 24, 2022. https://www.constituteproject.org/constitution/Peru_2021?lang=en.

Philippines 🖉 edit

The earliest assertion to the right of religion in the Philippines was presented in the 1899 Malolos Constitution. Title III, Article 5 states, “The State recognizes the freedom and equality of all beliefs, as well as the separation of Church and State.”

The constitution of the Republic of the Philippines was ratified on February 2, 1987. Articles 3 section 5, 6 Section 28(3), 14 Section 3(3) grant religious freedom, equality, and prohibit discrimination. Article 3 section 5 forbids the Philippines from the establishment of a state religion.

References: Official Gazette. 1899. “The 1899 Malolos Constitution GOVPH.” Official Gazette of the Republic of the Philippines. 1899. https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-constitution/.

Constitutional Commission of 1986. “The Constitution of the Republic of the Philippines: Govph.” Official Gazette of the Republic of the Philippines. Last modified 2022. Accessed June 24, 2022. https://www.officialgazette.gov.ph/constitutions/1987-constitution/.

Poland 🖉 edit

Poland’s first constitution came in the form of the “Act of the Government,” and was enacted in 1791. Title I addresses religion by naming the Catholic religion the official religion of the country. It also grants government protection to any of those who may practice another religion. Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzpl0056&id=2&collectio n=cow&index=.

The Constitution of the Republic of Poland was ratified on April 2, 1997. Articles 25, 35.2, 53, 85.3, 233.1 grant religious freedom, equality, and prohibit religious discrimination. “THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2nd APRIL, 1997.” The Sejm of the Republic of Poland. Last modified 1997. Accessed June 24, 2022. https://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm.

Portugal 🖉 edit

Portugal’s first constitution was enacted in 1822. Title II, Article XXV assigns the Catholic religion, Apostolic and Roman, as the nations official religion while allowing others to practice and identify with their own faiths and religions. It is important to note that this is the Political Constitution of the Portuguese Monarchy which established a constitutional monarchy.

The Constitution of the Portuguese Republic was ratified on 2 April 1976. Articles 13.2, 19.6, 35.3, 41, and 59.1 grant religious freedom, equality, and prohibit religious discrimination. Article 41.4 creates a separation of Church and State.

References:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/bfsprs00 09&id=941&men_tab=srchresults.

Parliament of Portugal. “Constitution of the Portuguese Republic Seventh Revision.” Assembly of the Republic. Last modified 2005. Accessed June 24, 2022. https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf.

Qatar 🖉 edit

The Constitution of Qatar Dastūr was ratified on 9 April 2004. Articles 35 and 50 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Islam the Official religion. Qatar Constitutional Committee . “The Constitution.” Government Communications Office. Last modified 2022. Accessed June 24, 2022. https://www.gco.gov.qa/wp-content/uploads/2016/09/GCO-Constitution-English.pdf.

Romania 🖉 edit

Romania enacted its first constitution in 1866 which held until it was rewritten in 1923. Title II, Article XXI of the 1866 Constitution of Romania states guarantees the freedom of conscience so long as the celebration of those religions and faiths do not pose a threat to public order. It also acknowledges the Oriental Orthodox religion as the dominant religion while also asserting government oversight of the Romanian Orthodox Church, which was considered the national religion of the state at the time.

Sources:

“1866 CONSTITUTION.” n.d. THE ROYAL HOUSE of HOHENZOLLERN-SIGMARINGEN ROMANIA. Accessed August 3, 2024. https://www.royalhouseofromaniahohenzollern-sigmaringen.com/constitution-1866.

Russia 🖉 edit

Russias history with the freedom of religion is somewhat complex. In its first constitution in 1906, Chapter II, Article 49 states, “Russian subjects shall enjoy liberty of conscience. The conditions under which this liberty is enjoyed shall be determined by law.” However, this does not necessarily mean there is a freedom to religion and to practice such religion. With that being said, the 1918 Declaration of the Rights of the Laboring and Exploited People does outline the freedom of religion as well as the separation of church and state, “Every citizen may profess or none at all. Any legal disabilities with the profession of any religion or none are abolished.” The Law on Freedom of Conscience and Religious Associations was ratified on September 26, 1997. This law grants religious freedom, equality, and prohibits religious discrimination.

References:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/stwar000 1&id=547&men_tab=srchresults.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=journals&handle=hein.journals/in tcon5&id=426&men_tab=srchresults.

United Nations High Commissioner for Refugees. “Russia: Information on the Law ‘on Freedom of Conscience and Religious Associations’ and Its Impact on Religious Minorities.” Refworld. Canada: Immigration and Refugee Board of Canada, November 1997. Last modified November 1997. Accessed June 27, 2022. https://www.refworld.org/docid/3ae6ab968.html.

Rwanda 🖉 edit

Rwanda’s first constitution was drafted and enacted in 1961. Within the Constitution of the Rwandan Republic, Chapter III, Article 12 asserts that the “fundamental liberties as stipulated in the Declaration of the Rights of Man shall be guaranteed to all citizens save the exceptions to be regulated by law.” The Declaration of the Rights of Man (and the Citizen) was a document drafted by France’s National Constituent Assembly in 1789 during the French Revolution.

The 2003 Constitution of Rwanda was ratified on May 26, 2003. Articles 16, 37, 57, and 136 grant religious freedom, equality, and prohibit religious discrimination. Article 4 declares Rwanda a secular state.

Source:

J. Webster [1964] - French and English https://heinonline-org.turing.library.northwestern.edu/HOL/cowdocs?state=&tfile=cowresd0576-3.pdf

Constitution Project. “Rwanda 2003 (Rev. 2015) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 27, 2022. https://www.constituteproject.org/constitution/Rwanda_2015?lang=en.

Saint Kitts and Nevis 🖉 edit

The Saint Christopher and Nevis Constitution Order 1983 was ratified on June 23, 1983. Articles 11 and 15 grant religious freedom, equality, and prohibit religious discrimination. The National Assembly of Saint Kitts and Nevis . “Constitution of St. Christopher and Nevis.” Nevis Island Administration. Last modified October 28, 2017. Accessed June 27, 2022. https://nia.gov.kn/wp-content/uploads/2017/10/Constitution-of-St-Christopher-and-Nevis.pdf.

Saint Lucia 🖉 edit

The Saint Lucia Constitution Order 1978 was ratified on 20th December 1978. Articles 1, 9, and 15 grant religious freedom, equality, and prohibit religious freedom. Government of Saint Lucia. Government of Saint Lucia. Last modified 2022. Accessed June 27, 2022. https://www.govt.lc/constitution1#protection1.

Saint Vincent and the Grenadines 🖉 edit

The Saint Vincent Constitution Order 1979 was ratified on 26th July 1979. Articles 9 and 13.3 grant religious freedom and prohibit religious discrimination. The preamble declares the Supremacy of God. House of Assembly of Saint Vincent. “Constitution of Saint Vincent and the Grenadines.” Government of Saint Vincent and the Grenadines. Last modified November 11, 2005. Accessed June 27, 2022. https://www.gov.vc/images/visitors/1979_constitution.pdf.

Samoa 🖉 edit

The Constitution of the Independent State of Samoa was ratified on May 10, 1961. Articles 11, 12, and 15 grant religious freedom, equality, and prohibit religious discrimination. The preamble declares that Samoa is based on Christian principles. Constitutional Convention of Samoa. “Constitution of the Independent State of Samoa 1960.” Government of Samoa. Government of Samoa, 2017. Last modified 2017. Accessed June 28, 2022. https://www.samoagovt.ws/wp-content/uploads/2014/07/Constitution-of-the-Independent-State-of-Samoa-1960.pdf.

San Marino 🖉 edit

Declaration of Citizens' Rights and of the fundamental principles of the San Marinese legal order was ratified on July 8, 1974. Article 4 and 6 grant religious equality, freedom, and prohibit religious discrimination. Right of Assembly. “San Marino: Constitution - 1974.” Last modified 2022. Accessed June 28, 2022. https://www.rightofassembly.info/assets/downloads/1974_Constitution_of_San_Marino.pdf.

São Tomé and Príncipe 🖉 edit

The constitution of The Constitution of the Democratic Republic of São Tomé and Príncipe was ratified on November 5, 1975. Articles 15.1, and 27 guarantee religious freedom, equality, and prohibit religious discrimination. Article 8 creates a separation of church and state; and Article 154(b) declares the state to be secular. Constitution Project. “Sao Tome and Principe 1975 (Rev. 2003) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 28, 2022. https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_2003?lang=en.

Saudi Arabia 🖉 edit

King Fahd Bin Abdulaziz Al-Saud decreed the basic law of governance on March 1, 1992. Article 1 declares Saudi Arabia an Islamic State and the official religion Islam. There are no official religious freedom guaranteed in Saudia Arabi. King Fahd Bin Abdulaziz Al-Saud. “The Royal Embassy of Saudi Arabia.” Basic Law of Governance, The Embassy of The Kingdom of Saudi Arabia. Last modified March 1, 1992. Accessed June 28, 2022. https://www.saudiembassy.net/basic-law-governance.

Senegal 🖉 edit

The Constitution of the Republic of Senegal was ratified on 7 January 2001. Articles 1, 5, 8, 22, and 24 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Senegal to be a secular state. Constitution Project. “Senegal 2001 (Rev. 2016) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 28, 2022. https://www.constituteproject.org/constitution/Senegal_2016?lang=en.

Serbia 🖉 edit

The Constitution of the Republic of Serbia was ratified November 8, 2006. Article 5, 21, 39, 43, 44, 45, 48, 49, 57, 79, and 81 grant extensive religious freedom, equality, and prohibit religious discrimination. Article 11 declares Serbia a secular state and creates a separation of church and state. The National Assembly of the Republic of Serbia. “CALLING A REPUBLIC REFERENDUM TO ENDORSE THE NEW CONSTITUTION OF THE REPUBLIC OF SERBIA.” Government of the Republic of Serbia . Last modified 2006. Accessed June 28, 2022. http://www.parlament.gov.rs/upload/documents/Constitution_%20of_Serbia_pdf.pdf.

Seychelles 🖉 edit

The Constitution of the Republic of Seychelles Act was ratified on June 18, 1993. The Articles 21 and 27 grant religious freedom, equality, and prohibit discrimination. Government of Seychelles . “Constitution of the Republic Seychelles (Preparation and Promulgation) Act, 1992.” Last modified 1993. https://www.gov.sc/documents/Constitution%20of%20Seychelles%20.pdf.

Sierra Leone 🖉 edit

The Constitution of Sierra Leone was ratified on October 1, 1991. Articles 6.2, 8.3(b), 13(e), and 24 grant religious freedom, equality, and prohibit religious discrimination. Parliament of Sierra Leone. “The Constitution of Sierra Leone, 1991.” Public Sector Reform Unit. Office of the President, 2016. Last modified 2016. Accessed June 30, 2022. https://psru.gov.sl/sites/default/files/Constitution%20of%20Sierra%20Leone%201991.pdf.

Singapore 🖉 edit

The Constitution of Singapore was ratified on 22 December 1965. Articles 12, 15, 16, and 150.5(iii) grant religious freedom, equality, and prohibit religious discrimination. Article 153 grants a provision for a council to regulate Muslim affairs. Parliament of Singapore . “CONSTITUTION OF THE REPUBLIC OF SINGAPORE.” Singapore Statutes Online. Last modified December 1, 2021. Accessed June 30, 2022. https://sso.agc.gov.sg/Act/CONS1963.

The first assertion of the freedom of religion in the Republic of Singapore is in the first constitution of the Republic in 1959 after becoming independent from the United Kingdom. The right is detailed in article 15; which also details that a person may not be compelled to pay taxes for religious purposes outside his own religion as well as generally describing the freedoms of each religious group. It is important to note Singapore also records the same article in the 1963/1965 Constitution after being expelled from Malaysia. Republic of Singapore. 1959. “Singapore’s Constitution of 1959 with Amendments through 2010.” Constitute Project. 1959. https://faolex.fao.org/docs/pdf/sin132840.pdf. ———. 1965. “Constitution of the Republic of Singapore - Singapore Statutes Online.” Sso.agc.gov.sg. 1965. https://sso.agc.gov.sg/Act/CONS1963?ValidDate=20230424. The Republic of Singapore. 1963. “Singapore 1963 (Rev. 2016) Constitution - Constitute.” Www.constituteproject.org. 1963. https://www.constituteproject.org/constitution/Singapore_2016.

Slovakia 🖉 edit

Constitution Of The Slovak Republic The articles 12.2, 24, and 25.2 grant religious freedom, equality, and prohibit religious discrimination. Article 1 states that Slovakia is not bound by any religion. National Council of the Slovak Republic. “Constitution of the Slovak Republic.” President of the Slovak Republic. Last modified 2017. Accessed June 30, 2022. https://www.prezident.sk/upload-files/46422.pdf.

The first assertion of the freedom of religion of the Slovak Republic is in the 1992 Constitution after the split of Czechoslovakia. The article 24 highlights the guarantees to the freedom of religion and indicates that the freedom may only be limited under lawful conditions of impeding on others religion. Assertions of the freedom of religion have existed in the domain of Slovakia including the 1920 Czechoslovakian constitution, the earliest instance would be the 1782 Edict of Tolerance as part of the Kingdom of Austria which included limited religious freedoms for certain religions and sects of Christianity. “Slovakia 1992 (Rev. 2017) Constitution - Constitute.” n.d. Www.constituteproject.org. Accessed August 4, 2023. https://www.constituteproject.org/constitution/Slovakia_2017.

Slovenia 🖉 edit

The Constitution of the Republic of Slovenia was ratified on December 23, 1991. Articles 14, 16, 41, 63, and 123 grant religious freedom, equality, and prohibit religious. Article 7 separates church and state. National Assembly of the Republic of Slovenia. “THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA.” Republic of Slovenia. Last modified 2016. Accessed June 30, 2022. https://www.varuh-rs.si/en/about-us/legal-framework/the-constitution-of-the-republic-of-slovenia/.

Solomon Islands 🖉 edit

The Solomon Islands Independence Order 1978 was ratified on 8th June 1978. Articles 3, 11, and 15.4 grant religious freedom, equality, and prohibit religious discrimination. Parliament of the Solomon Islands . “The Solomon Islands Independence Order 1978.” Last modified 1978. Accessed July 3, 2022. https://www.parliament.gov.sb/files/business&procedure/constitution.htm.

Somalia 🖉 edit

The Provisional Federal Constitution of Somalia was ratified on August 1, 2012. Article 11 declares religious equality and prohibits religious discrimination, while article 17 declares religious freedom. Article 2 declares Islam the state religion and that no other religion can be propagated in the country. Constitution Project. “Somalia 2012 Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Somalia_2012?lang=en.

South Africa 🖉 edit

The Constitution of the Republic of South Africa was ratified on December 18, 1996. Articles 9, 15, and 31 grant religious freedom, equality, and prohibit religious discrimination. Government of South Africa . “The Constitution of the Republic of South Africa.” South African Government. Last modified 2003. Accessed July 5, 2022. https://www.gov.za/documents/constitution/constitution-republic-south-africa-1996-1#:~:text=The%20Constitution%20of%20the%20Republic%20of%20South%20Africa%2C%201996%2C%20was,the%20provisions%20of%20the%20Constitution.

South Korea 🖉 edit

The Constitution of the Republic of South Korea was ratified on July 12, 1948. Articles 11 and 20.1 grant religious freedom, equality, and prohibit religious discrimination. Article 20.2 declares a separation between church and state. The National Assembly of the Republic of Korea. “Constitution of South Korea .” Last modified 1987. Accessed July 5, 2022. https://korea.assembly.go.kr:447/res/low_01_read.jsp?boardid=1000000035.

South Sudan 🖉 edit

The Transitional Constitution of the Republic of South Sudan was ratified on July 9, 2011. Articles 8.2, 14, 23, 29.1, 31.1(e), 122.5(a), 139(d), 169.6, and 190(a) grant religious freedom, equality, and extensively prohibit religious discrimination. Article 8.1 declares a separation between church and state. Constitution Project. “South Sudan 2011 (Rev. 2013) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/South_Sudan_2013?lang=en.

Spain 🖉 edit

Spain’s earliest iteration of its constitution was the Bayonne Constitution in 1808. Article 21 of the First Title of the Constitution of 1869 states, “The Nation is obligated to maintain the faith and the ministers of the Catholic religion. The public or private exercise of any other faith is guaranteed to all foreigners resident in Spain, without greater limitations than the universal rules of morality and of the law.” If any Spanish citizen also chooses to exercise a religion that is not Catholic, they also enjoy the same freedoms as foreigners that practice alternative religions. Here, there is freedom of religion but there is not necessarily a separation of church and state.

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzes0128 &id=6&men_tab=srchresults.

Sri Lanka 🖉 edit

Following its conversion to a republic within the British Commonwealth, Sri Lanka’s 1972 constitution was enacted. Chapter IV, Section 18 outlines the rights and freedoms guaranteed by the government and states, “every citizen shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to have or to adopt a religion or belief of his choice, and the freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzlk0078&id=22&collection=cow&index=.

Sudan 🖉 edit

Articles 4, 41, 43, 48, 56, 62.1, and 66 grant religious freedoms, equality, and prohibit religious discrimination. There is no mention of Islam and Sharia Law, which was a corner stone in their previous constitution. Constitution Project. “Sudan 2019 Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Sudan_2019?lang=en.

Suriname 🖉 edit

The Constitution of the Republic of Suriname was ratified on 30 September 1987. Articles 8.2, 18, and 28 grant religious freedom, equality, and prohibit religious discrimination. Constitution Project . “Suriname 1987 (Rev. 1992) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Surinam_1992?lang=en.

Sweden 🖉 edit

The Constitution of Sweden was ratified in 1974, and came into force on January 1, 1975. Chapter 1 Article 2, Chapter 2 Article 1.6, 2, 21, 23, and Chapter 7 Article 4.11 grant religious freedoms, equality, and prohibit religious discrimination. Riksdag. “The Constitution of Sweden.” Last modified 2016. Accessed July 5, 2022. https://www.riksdagen.se/globalassets/07.-dokument--lagar/the-constitution-of-sweden-160628.pdf.

Switzerland 🖉 edit

The Federal Constitution of the Swiss Confederation was ratified on 12 September 1848. Articles 8.2 and 15 grants religious freedom and prohibit religious discrimination. Article 72 leaves the regulation of religion to preserve public peace to the cantons. The Federal Constitution. “Federal Constitution of the Swiss Confederation.” Last modified February 13, 2022. Accessed July 5, 2022. https://www.fedlex.admin.ch/eli/cc/1999/404/en.

Syria 🖉 edit

The Constitution of the Syrian Arab Republic was ratified on February 26, 2012. Articles 3 and 33.3 grant religious freedom and prohibit religious discrimination. Article 3 also declares the president must me Islamic and Islam Jurisprudence or Sharia is the main source of legislation. Constitution Project. “Syrian Arab Republic 2012 Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Syria_2012?lang=en.

Tajikistan 🖉 edit

The first assertion of the freedom of religion in Tajikistan is the 1994 Constitution post-independence from the Soviet Union. The right is found in article 26 which allows the individual, or group to adhere to any religion or none.

An amendment to current law (enforced in January 2018) permits restrictions on religious activity for the sole purpose of ensuring the rights and freedoms of others, as well as banning one religious sect from being state ideology (U.S. Department of State, "2018 Report on International Religious Freedom: Tajikistan").

Tanzania 🖉 edit

The first assertion of the freedom of religion in Tanzania is the 1977 constitution after the unification of the states of Tanganyika and Zanzibar after their independence from the United Kingdom. Article 9, 13, 19, and 39.2 grants religious freedom, equality, and prohibit religious discrimination. The preamble and article 3 declare Tanzania to be secular.

https://www.constituteproject.org/constitution/Tanzania_2005

THE UNITED REPUBLIC OF TANZANIA Office of The Attorney General. “The Constitution of the United Republic of Tanzania of 1977.” Last modified 2005. Accessed July 5, 2022. https://oagmis.agctz.go.tz/portal/constitutions/eyJpdiI6IkFmY0NLQ1wvQWJsUmliZWUxbWh1MVpnPT0iLCJ2YWx1ZSI6IlIwdWx4VnQ3a3plWnFqb0pjcnlvQlE9PSIsIm1hYyI6ImEwNTQxYzdhNTIxMThlYWJlNzU3Mzc5NzZkMmRiYWJkODc4Nzc1ZjVjYjY0NTQ5OTQxYzg3NmYwMDZlN2Y5ZjkifQ==

Thailand 🖉 edit

The first assertion of the freedom of religion in Thailand is the 1932 constitution which asserts the freedom of religion in Section 13. Section 13 highlights the freedom of worship and belief but limits the freedom ‘if contrary to the duties of a national or to public order or public morals’.

https://media.bloomsburyprofessional.com/rep/files/thailand-constitution-1932-december.pdf

Togo 🖉 edit

The first assertion of the freedom of religion in Togo would be the Constitution de la République Togolaise, 5 mai 1963 (5th of May, 1963).

https://www.loc.gov/resource/amedscd.2008700247/?sp=7&r=-1.395,-0.017,3.789,1.703,0

Tonga 🖉 edit

The first assertion of religious freedom is seen under Part I, Article 5, in the 1875 Constitution of Tonga. This article protects the freedom of worship. Under Article 6, is also the protection to keep the Sabbath Day holy.

Constitute Project. 1875 Constitution of Tonga. (rev. 2013) https://www.constituteproject.org/constitution/Tonga_2013

Trinidad and Tobago 🖉 edit

The first assertion of Religious Freedom is in the 1976 Constitution of the Republic of Trinidad and Tobago in Chapter 1, Part 1, Article 4, Point H. This article asserts multiple human rights and guarantees equality regardless of religion, as well as the protection of freedom of conscience and religious belief and observance.

The Verification Research, Training and Information Centre. Laws of Trinidad and Tobago. Constitution of 1976. https://www.vertic.org/media/National%20Legislation/Trinidad_and_Tobago/TT_Constitution.pdf

Tunisia 🖉 edit

Under Chapter I, Article 5, Freedom of religion is asserted in the Constitution of the Republic of Tunisia. Article 5 specifically guarantees fundamental freedoms and human rights, covering Freedom of religion and conscience in the last point made, “provided it does not not disturb public order."

Constitute Project. 1959 Constitution of the Republic of Tunisia. https://www.constituteproject.org/constitution/Tunisia_2008

Turkey 🖉 edit

In the 1961 Constitution of The Turkish Republic, Freedom of religion is asserted as Freedom of thought and faith, under Section II, Part IV, Article 19. This Article protects citizens from being compelled to worship, and also guarantees them the choice of faith and practices of worship. It also mentions “no person shall be reproached for his religion or faith; and no person shall be allowed to exploit and abuse religion for the purpose of political or personal benefit.”

1961 Constitution of the Turkish Republic. https://www.anayasa.gen.tr/1961constitution-text.pdf

Turkmenistan 🖉 edit

In the 2008 Constitution of the Turkish Republic, Freedom of Religion is covered under Section I, Article 12. This constitution established the state as secular, and guaranteed equality regardless of religion, separation of church and state, and the right to declare any religion or none under Article 12.

Constitute Project. Constitution of Turkmenistan 2008. https://www.constituteproject.org/constitution/Turkmenistan_2008

Tuvalu 🖉 edit

The assertion of religious freedom is covered within the first constitution of Tuvalu, Under Part II, Division 3, Article 23, upon gaining independence from the United Kingdom in 1978. This article guarantees freedom of belief, including religion, and articulates the responsibilities and rights of religious groups and education, protection from conformity, as well as circumstantial provisions of this freedom.

International Labour Organization. Constitution of Tuvalu 1978. 2008 rev. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/3899/95791/F656430737/TUV3899.pdf

Uganda 🖉 edit

In the 1962 Constitution of Uganda, Freedom of Religion is asserted in Chapter III, Article 25. Freedom of thought, conscience, and religion are all covered under this Article, and also the freedom to change belief and religion. This the first constitution of Uganda following their independence in 1962.

World Statesman. Uganda Constitutional Instruments and Independence Order. 1962. https://www.worldstatesmen.org/Uganda-const-1962.pdf

Ukraine 🖉 edit

Under Title II, Article 35, Freedom of religion is first asserted in the 1996 Constitution of Ukraine. This Article addresses guaranteed protection of choice and practice of worship, separation of church and state, and asserts alternatives in the case of conscientious objection to military service.

Food and Agriculture Organization of the United Nations. Constitution of Ukraine. 1996. https://faolex.fao.org/docs/pdf/ukr127467E.pdf

United Arab Emirates 🖉 edit

In the 1971 Constitution of the United Arab Emirates, under Part Three, Article 32, freedom to exercise religious worship is guaranteed as long as it is in accordance with established customs and does not conflict with public policy or morals. Equality regardless of religion is asserted under Article 25, however, islam is declared the official religion under Article 7.

Ref World. Constitution of the United Arab Emirates 1971. https://www.refworld.org/docid/48eca8132.html

United Kingdom 🖉 edit

The Toleration Act of 1689 allowed nonconformist religions, with the exception of Roman Catholicism, to practice. However, social penalties still persisted (U.K. Parliament, "Catholics and nonconformists"). The Human Rights Act of 1998 established the fundamental rights of citizens within the UK, including freedom of religion (Equality and Human Rights Commission, "The Human Rights Act," Article 9).

United States 🖉 edit

Article 1 of the Bill of Rights in the Constitution establishes freedom of religion and its expression. Article 1 also prevent congress from declaring an official religion. United States Senate . “Constitution of the United States of America.” Last modified 2021. Accessed July 6, 2022. https://www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf.

Uruguay 🖉 edit

The Constitution of the Eastern Republic of Uruguay was ratified in 1830. Article 5 grants freedom of religion. Article 5 declares the state supports no religion.

Constitution Project. “Uruguay 1966 (Reinst. 1985, Rev. 2004) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Uruguay_2004?lang=en.

Uzbekistan 🖉 edit

The first assertion of religious freedom within Uzbekistan was in the 1992 Constitution, under Part Two, Chapter 7, Article 31. This article protects the right to profess or not profess any religion, and declares any compulsory imposition of religion impermissible.

United Nations. The Permanent Mission of the Republic of Uzbekistan to the United Nations. Constitution of the United Nations. 1992. https://www.un.int/uzbekistan/uzbekistan/constitution-republic-uzbekistan

Vanuatu 🖉 edit

Freedom of Religion is asserted in the 1980 Constitution of Vanuatu under Chapter 2, Part I, Article 5, Subject 1.F. This article covers multiple fundamental rights and freedoms, and guarantees equality regardless of religion. Subject 1.F specifies freedom of conscience and worship.

Constitute Project. 1980 Constitution of Vanuatu. https://www.constituteproject.org/constitution/Vanuatu_2013

Venezuela 🖉 edit

Venezuela’s first constitution was officially written in 1811 which included the “Declaration of Rights, by the Supreme Congress of Venezuela” which affirmed the Catholic Apostolic Religion as the only religion allowed to be practiced in the country. In 1864, the Constitution of the United States of Venezuela allowed religious freedom under the condition that, “only those belonging to the Roman Catholic Apostolic religion can perform public worship outside of the churches.” The 1881 Constitution of the United States of Venezuela subsequently altered the assertion of the right with Chapter III, Article 13 stating, “Religious liberty.” This phrasing was used until the adoption of the 1904 constitution that guarantees, “Religious freedom according to the laws and under the Supreme inspection of the President of the Republic,” which connotes certain limits on religion. It was only until the adoption of the 1961 Constitution of the Republic of Venezuela that the freedom “to profess his religious faith and to practice his religion privately or publicly” was added to the preceding canon.

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 23, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzve0005 &id=5&men_tab=srchresults.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 23, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzve0007 &id=7&men_tab=srchresults.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 23, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzve0135&id=11&men_tab=srchresults.

The Constitution of the Bolivarian Republic of Venezuela was ratified on December 19, 1999. Articles 21.1, 59, and 89.5 grant religious freedom and prohibit religious discrimination. Article 119 protect the religious rights of indigenous people.

Constitution Project. “Venezuela (Bolivarian Republic of) 1999 (Rev. 2009) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Venezuela_2009?lang=en.

Vietnam 🖉 edit

Freedom of religion is covered in the 1946 Constitution of Vietnam. Equality regardless of religion is guaranteed in the preamble, and in Chapter I, Article 1. Chapter 2, Article 10 grants (iv) the freedom of belief to all Vietnamese citizens.

Bloomsbury Professional Media. Vietnam Constitution 1946. https://media.bloomsburyprofessional.com/rep/files/vietnam-constitution-1946x.pdf

Yemen 🖉 edit

In the 1991 Constitution of Yemen, Islam is declared the state religion. Freedom of religion is not mentioned explicitly, however article 27 asserts that all citizens are equal and shall not be discriminated against regardless of religion.

Human Rights Library. Constitution of Yemen 1991. http://hrlibrary.umn.edu/research/yemen-constitution.html

Zambia 🖉 edit

Freedom of Religion is asserted in the 1964 Constitution of Zambia under Chapter III, Section 13, Article 21. This article asserts freedom to choose a religion, worship in a group or private setting, and manifest or propagate his religion and its practices. It also prevents forced religious instruction in schools and prohibits prevention of practice.

The current Constitution of Zambia was ratified on January 5, 2016. The preamble asserts the protection of freedom of religion, while also declaring Zambia a Christian Republic. Articles 8(d), 118.2(a), and 173.3(a) prohibit discrimination and article 266 defines discrimination to include religious discrimination.

World Statesman. Constitution of Zambia 1964. https://www.worldstatesmen.org/Constitution-Zambia1964.pdf

Parliament of Zambia . “Government of Zambia Act -.” Last modified January 5, 2016. Accessed July 6, 2022. https://www.parliament.gov.zm/sites/default/files/documents/amendment_act/Constitution%20of%20Zambia%20%20(Amendment),%202016-Act%20No.%202_0.pdf.

Zimbabwe 🖉 edit

In the 1964 Constitution of Rhodesia, freedom of religion is asserted in Part 2, Chapter VII, Article 72. When Zimbabwe became an independent state in 1980, The Constitution asserted religious freedom Under Chapter III, Article 19. The current Constitution of Zimbabwe was ratified on 16 March 2013. Articles 5(ciii), 56.3, and 60 grant religious freedoms, equality, and prohibit religious discrimination.

World Statesman. Constitution of Rhodesia. 1965. https://www.worldstatesmen.org/Rhodesia_1965.pdf

Refworld. Constitution of Zimbabwe. 1980. https://www.refworld.org/docid/3ae6b5720.html

Parliament of Zimbabwe . “Constitution of Zimbabwe.” Last modified August 9, 2021. Accessed July 6, 2022. https://parlzim.gov.zw/download/constitution-of-zimbabwe-amendment-no-20-14-05-2013/.

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Is the identification of this right associated with a particular era in history, political regime, or political leader? 🖉 edit

Religious freedom, while commonplace in modern liberal democracies, was not always identified as a natural right with which people were born. Historical narratives describe the “Dark Ages” between the fall of the Roman Empire and the advent of early modernity as a period in which the world was divided between various civilizations according to the religions which they professed. The Reformation was one of the most influential movements in the course of western history. As leaders like Martin Luther, and John Calvin led Christian communities to break from traditional Catholicism, the rate of religious pluralism rose within Europe and led to a series of religious wars that defined the sixteenth century. In an early attempt to mediate these conflicts, German rulers negotiated the 1555 Peace of Augsburg. Alexandra Walsham writes that this document “established the principle of cuius regio, eius religio, by which individual rulers were permitted to choose whether Catholicism or Protestantism should be professed in their states” (Walsham, “Reformation Legacies,” 297.) Thus, in addition to legalizing the practice of multiple religions within the German states, the adoption of cuius regio, eius religio also meant that religion would no longer be forced upon a principality by outside forces. The idea that Christian rulers could have the right to choose their own religion, and that this choice would be respected, represents an early step toward the principles of religious pluralism and toleration. The Peace of Augsburg did not lend religious agency to the subjects living within these principalities, but it did show European leaders that cooperation was possible between rulers who belonged to differing faiths. The seventeenth century was an especially bloody one which included such conflicts as the English Civil War, the French Wars of Religion, and the vicious Thirty Years’ War. Religious plurality invariably led to violence in the seventeenth century, but these conflicts were often followed by important agreements that fostered some level of religious toleration. In 1598, following the religious battles between Catholics and Protestants in France, the French King Henry (IV) of Navarre signed the Edict of Nantes, which “gave Protestants permission to practice their faith openly, albeit within strict limits and as second-class citizens” (Walsham, “Reformation Legacies,” 299). The Thirty Years’ War famously concluded with the Peace of Westphalia, which decreed (among other things) that while each state should have the right to establish an official religion, they were also obligated to allow their subjects the opportunity to practice different Christian denominations without fear of persecution (Christenson, “Liberty of the Exercise of Religion in the Peace of Westphalia,” 740). By favoring religious toleration, Westphalia’s signatories recognized that only religious toleration would reduce the potential for future conflict between the various sects of Christianity. Documents like the Edict of Nantes and the Peace of Westphalia ultimately failed to end religious persecution and conflict within Europe, but they still reveal a heightened awareness of the need for leaders to tolerate religious plurality within their borders. As the sixteenth and seventeenth centuries wore on, European intelligentsia began exploring the concept of religious freedom more directly. Enlightenment thinkers such as Voltaire and Baruch Spinoza led the intellectual charge in support of freedom of conscience and thought, while political leaders such as Roger Williams and Thomas Jefferson incorporated principles of religious freedom and the separation of church and state into their state building efforts in North America. While legal guarantees of the right to religious freedom would not be made until the seventeenth and eighteenth centuries, the modern right to freedom of religion is rooted in Reformation-era efforts to mediate religious conflict and incorporate religious toleration into budding European nation-states.

REFERENCES

Gordon A. Christenson, “Liberty of the Exercise of Religion in the Peace of Westphalia,” Transnational Law & Contemporary Problems, Vol. 21, 2012).

Alexandra Walsham, “Reformation Legacies,” from The Oxford History of the Reformation, ed. Peter Marshall, Oxford University Press: Oxford, 2022

Is there another noteworthy written source from the past that mentions this right? 🖉 edit

The Edict of Milan came two years after the Edict of Toleration by Galerius and granted religious toleration within the Roman Empire.

References:

Reference needed here

What specific events or ideas contributed to its identification as a fundamental right? 🖉 edit

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”

When was it generally accepted as a fundamental, legally-protectable right? 🖉 edit

Religious freedom was originally identified as a fundamental right when Enlightenment thinkers began to question whether political society has the obligation, or even the right, to decide its citizens’ religion. At the time, the widespread conclusion was that religious toleration and freedom of belief were preferable to religious uniformity and faith-based oppression. Around the same time in the seventeenth and eighteenth century, political documents began to identify religious freedom as a fundamental, legally-protectable right with which the state had no right to interfere. Among the first western states to legislate freedom of religion were the English North American colony of Rhode Island, a few of its fellow American colonies, and the United States itself. There was some historical precedent for ideas relevant to religious toleration in the form of the 1598 Edict of Nantes and the 1648 Treaty of Westphalia, but the Rhode Island Charter and the United States Constitution were among the first documents to completely prohibit governments from interfering in their citizens’ religious affairs. The founding of Rhode Island and Providence Plantations is credited to Roger Williams, a preacher who was banished from the Massachusetts Bay Colony in 1635 and went on to purchase from the Narragansett Native Americans a plot of land that would become the city of Providence, Rhode Island (Smithsonian Institution, “God, Government and Roger Williams’ Big Idea”). He was banished for holding religious views that contrasted with those upon which the Massachusetts Bay Colony was founded, and it is likely that this experience influenced his thoughts about religious freedom and the value of toleration within political society. He expresses these views quite effectively in his 1644 work, The Bloudy Tenent of Persecution, which states that “the permission of other consciences and worships than a state professeth, only can (according to God) procure a firm and lasting peace, (good assurance being taken according to the wisdom of civil state for uniformity of civil obedience from all forts)” (Williams, “The Bloudy Tenent of Persecution,”). The Rhode Island Charter, which Williams secured from Parliament in July 1663, reflects this view. It states that: "No person within the said colony, at any time hereafter, shall be any wise molested, punished, disquieted, or called in question, for any differences in opinion in matters of religion, and do not actually disturb the civil peace of our said colony; but that all and every person and persons may, from time to time, and at all times hereafter, freely and fully have and enjoy his and their own judgments and consciences, in matters of religious concernments, throughout the tract of lance hereafter mentioned." (“Charter of Rhode Island and Providence Plantations - July 15, 1663”) By prohibiting the molestation, punishment, disquieting, and questioning of any citizen on the basis of religion, the Charter sets a clear guarantee that those living within the colony had the legal right to religious freedom. This was groundbreaking not only because it was the first of the thirteen original American colonies to guarantee total religious freedom, but also because unlike most contemporary acts of toleration, the Charter did not exclude Quaker and Jewish citizens from enjoying the religious freedom that it promised. Of course, Rhode Island was not the only one of the thirteen original American colonies to identify religious freedom as a fundamental, legally protectable right. Colonies like Maryland and Pennsylvania are also noteworthy for their inclusion of religious groups that made up the English minority. Maryland famously welcomed Catholics inside its borders, and Pennsylvania was originally founded as a Quaker colony under William Penn. As the colonies grew they became examples to contemporary Enlightenment thinkers, who looked to their example as proof that religious toleration was a desirable principle within any system of government. In his work on religious toleration, Voltaire writes of Philadelphia that “discord and controversy are unknown in the happy country they have made for themselves; and the very name of their chief town, Philadelphia, which unceasingly reminds them that all men are brothers, is an example and a shame to nations that are yet ignorant of toleration” (Voltaire, “Toleration and Other Essays - Online Library of Liberty,”). The benefits of religious freedom were well-known by the time of the American Revolution, which explains why religious freedom was such an important building block of the early republic. The Constitution of the United States was also one of the first documents to identify religious freedom as a fundamental, legally protectable right. Its First Amendment 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, Amendment I”). The inclusion of this language in such an influential document represents an important step in the identification of religious freedom as a fundamental legal right. It should be noted, however, that the First Amendment does not explicitly separate church and state within the United States government. The principle of church and state separation was not explicitly outlined until 1802, when President Thomas Jefferson outlined it in a letter to the Baptist community of Danbury, Connecticut. It was written in response to community leaders’ complaint that religious freedom was being treated as a privilege, not a right within their state. They wrote that “our sentiments are uniformly on the side of religious liberty--that religion is at all times and places a matter between God and individuals--that no man ought to suffer in name, person, or effects on account of his religious opinions--that the legitimate power of civil government extends no further than to punish the man who works ill to his neighbors” (“Jefferson's Wall of Separation Letter”). In response, Jefferson famously asserted that “I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between Church & State” (“Jefferson's Wall of Separation Letter”). This separation to which he refers is built upon Enlightenment ideals set out by thinkers like Locke and Spinoza, and it represents the realization of a movement for religious freedom that originated centuries before with the Protestant Reformation. Religious freedom is a right with a long history, and for centuries after it first came into question within the western world it was debated and considered. Thinkers like Locke and Voltaire championed it, and documents such as the Treaty of Westphalia and the Edict of Nantes made important strides toward realizing it as a legally protectable right. However, many of the first true instances of legally protected religious freedom occurred in American documents such as the Rhode Island Charter and the United States Constitution. These landmark pieces of legislation framed the modern American stance on religious toleration and the right to freedom of belief.

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/

“Charter of Rhode Island and Providence Plantations - July 15, 1663”)

“Jefferson's Wall of Separation Letter,” https://www.usconstitution.net/jeffwall.html United States Bill of Rights

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”