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Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedom
to have a religion or whatever belief of their choice,
and freedom either individually or in community with others
and in private or public to manifest their religion or
belief in worship, observance, practice and teaching.
Introduction
This paragraph defines freedom of religion or belief, more
specifically than most national constitutional principles,
in matters relating to freedom of religion or belief. It
is a framework for further elaboration on the specifics of
this definition in the remaining two paragraphs and seven
articles of the 1981 U.N. Declaration.
Objectives
Understand the terms, or group of terms, to prepare a Community
Report on Human Rights and Freedom of Religion or Belief.
- Thought, Conscience, Religion, Belief
- Freedom of Choice, Whatever Belief
- Individual, Community, Private, Public
- Worship, Observance, Practice, Teaching
Term: 1.1.1:Thought, Conscience,
Religion, Belief
The first sentence of this paragraph has been described
by international legal experts as having an internal and
external meaning. Though and conscience are internal within
an individual, and religion or belief are its external manifestations.
- Thought: Thought has been described as “an
idea or a body of ideas.” Ideas are introduced to
individuals through numerous external influences, sacred
religious scriptures, philosophy, oral stories, books,
television, art, music, and in many other ways by religious
and non-religious leaders and instructors, parents, peers,
teachers, etc. Thought is assimilated internally within
the mind of each individual.
- Conscience: Conscience is defined in most dictionaries
as the faculty of recognizing right from wrong in regard
to one’s own conduct. Conscience is learned from
outside external influences, including observing the behavior
of others. But conscience is assimilated internally by
each individual. Freedom of conscience, to believe or not
to believe, as one so chooses, is an inclusive right and
all embracing principle guiding the U.N. approach to human
rights.
- Religion: There are numerous definitions of
religion by religious leaders and scholars that are almost
always in dispute. Some religions are described as external, “an
organized system of beliefs, dogma or creeds, centering
on a supernatural being or beings.” Others, such
as those in Eastern religions are more internal and include
self-liberation through discovery of the Universal Mind, “right
action” in Buddhism and Hinduism. Spirituality is
often described as unorganized or non-dogmatic belief in
the sacred or divine.
- Belief: Belief, in the phrase religion or belief,
is defined as non-religious, or those beliefs that are
the opposite of religious beliefs. Descriptions of non-religious
beliefs include materialism, atomism, atheism, non-theism.
The U.N. protects the rights of all religious and non-religious
beliefs.
Related Examples
Conscience is a term often used in the context of conscientious
objector, a person who will not serve in the military because
his or her conscience tells them killing is wrong.
- Turkmenistan: “The country’s legislation
allegedly does not recognize conscientious objection based
on religious belief, and conscientious objectors are sent
to prison.” 4
- Uganda: According to the U.N. Special Rapporteur,
the national legislation of Uganda does not guarantee the
right of conscientious objection on grounds of religion
or belief. 5
- Israel: In Israel, yeshiva (religious seminary)
students are exempted from military service, but there
is no exemption based on the international legal principle
of conscientious objection.
Learning Experiences
Does your country have a provision on conscientious objectors?
Do they allow for non-military government service instead
of a military role? Research this and write your answer to
the question in 1.1.1 of the topic notes. Find out if there
is a religious group in your community with conscientious
objection to military service. Call or interview them in
person about the experiences their members have had if they
decided against military service based on their beliefs.
Term 1.1.2: Freedom to Have a Religion
or Whatever Belief of Their Choice
There are two points in this term, individuals have the
right to have any religious or non-religious belief and to
join or leave a religion or belief as they so choose.
- Religion, Whatever Belief: This is the original
phrase for the term freedom of religion or belief. The
U.N. says all individuals are free to hold religious or
non-religious beliefs, which includes all forms of theistic,
non-theistic and atheistic beliefs, as well as the right
not to profess any religion or belief.
- Choice: Combine this term with conscience and
you have the bedrock principle of human rights and freedom
of religion or belief. Freedom of conscience, to believe
or not to believe as one so chooses, is an all embracing
inclusive right and guiding principle. The United Nations
is committed to the inherent dignity, equal and inalienable
rights of all members of the human family, which includes
protection for the right to choose a religious or non-religious
belief.
Related Examples
- Mauritania: “The Penal Code reportedly
punishes a Muslim’s conversion to another faith with
the death penalty.”
Learning Experiences
Choice involves a number or variety from which to choose.
There are some cultures of the world where a religion or
belief is so much in the majority and fabric of the culture
that choice is irrelevant because of a lack of diversity.
Choice may be limited by coercion, a term that will be studied
in the next paragraph. Check to see if your constitution
or legal framework identifies a religion or belief as a state
belief, and if the principles of a religion or belief prohibit
conversion to another belief.
Term 1.1.3: Individual, Community, Private,
Public
Article 1 allows the exercise of a religion or belief as
an individual, in community with others, and in public or
private. This is fairly straightforward, except for the fact
that the exercise of a religion or belief may be limited,
whether as an individual or in community with others, in
private or in public if it qualifies for such limitation
under the third paragraph of Article 1 below. But such limitations
are rare, must be by law and pose an immediate threat to
society. In many cases, religions or beliefs are not allowed
to be expressed for a variety of reasons that are discriminatory.
Related Examples
- Saudi Arabia: “Non-Muslim persons have
the right to practice their religious ceremony within their
residence.” [This report is from an incident that
implies non-Muslim persons living in Saudi Arabia can manifest
their beliefs only in private and not in public.]
- China: In allegations of the arrest of a student,
Wang Qing, who had attended an illegal seminary, the government
responded by saying that while freedom of religion is guaranteed,
legislation forbids religion being used to disturb the
social order.
Learning Experiences
Check your local governments rules and regulations relating
to when and where a religion or belief can be manifested.
Make calls to three religious leaders and ask them if their
religion or belief allow for the practice as individuals,
in community with others, in private and in public.
Term 1.1.4: Worship, Observance, Practice,
Teaching
- Worship: To worship in matters relating to a
religion or belief usually means to have reverence, awe,
respect and adoration for a deity or god in community with
others. Observance is the act of complying with a law,
custom or ritual occasion. Religions or beliefs have the
right establish and maintain places of worship and to observe
their customs and rituals in such places as temples, synagogues,
mosques and churches, or for instance in processions organized
for marriages or funerals. Freedom to worship, maintain
and assemble includes on lands and open space that are “sacred” to
certain religions or beliefs.
In a few countries the law recognizes
the right to worship in public only for the followers of
the Established Church or the State religion. Sometimes the
right to public worship is curtailed or occasionally even
negated by unreasonable regulations. Licenses for the opening
of places of worship may be arbitrarily withheld, or permits
for assembling of a group of worshippers arbitrarily refused
or difficult to comply with. 6 A most difficult
situation occurs when two or more religions or beliefs, or
secular groups, lay claim to the same place of worship or
the same land.
- Observance: Some countries have rules against
observing a religion or belief such as a prohibition against
wearing religious apparel in public schools. This may be
a limitation motivated by the State’s concern to
curtail social tensions, or an act of discrimination if
such tension does not exist. The use of bells, musical
instruments or amplifiers at times may result in a breach
of the peace and must be taken into account. As a general
rule, the members of a religion or belief should not be
prevented from acquiring or producing articles necessary
for the performance of rituals, such as prayer books, candles,
ritual wine and the like. Observing days of rest and holidays
for minority religions, in a country with established religious
days for a majority religion, often clashes with economic
and work rules. However, in accordance with international
standards on freedom of religion or belief, such economic
hardships or labor rules must not interfere with this right. 7
- Practice: Practice in matters relating to freedom
of religion or belief can be defined simply as, “to
carry out or apply”. The U.N. has not defined the
difference between observance and practice. These three
rights, to establish charitable and humanitarian institutions,
solicit funds and maintain communications in accordance
with a particular religion or belief can obviously be called
a practice. There are national, regional and local governmental
laws and administrative rules regulating all three in most
countries. Most religions or beliefs establish charitable
and humanitarian institutions as a practice that is commanded
by their belief to provide a deep sense of hope, love,
consolation and general welfare for its followers and humanity
in general. Funding for these charitable purposes and for
the general administrative requirements of a religion or
belief are honorable and must be respected, as does the
need and the right to communicate both in private and public
with individuals and other members of communities on international,
national and local levels.
Some religions or beliefs use humanitarian institutions,
funding and communications practices to try to convert others
to their beliefs. This too, is an expression of faith and
love called for by their belief and as a general rule is
allowed by law in most countries. In some areas of the world
however, cultural factors and economics create tension against
outside missionary activities. There are two factors here,
the substance of the message and the method by which it is
spread. To prevent dissemination of a faith in a manner offensive
to others, special laws, such as laws against blasphemy are
enacted. Sometimes laws are used by a State with a predominant
religion or belief to restrict the emergence of new competitive
faiths. This is an act of discrimination against a new belief.
Wisdom is needed to determine how best to protect both older
cultural values and emerging newer beliefs that may make
use of modern communication.
There are specific manifestations that are not identified
in Article 6 such as burial, dietary or marriage practices.
They might just as easily be called observances as practices.
They are identified here as “practices” because
while they are sacred religious rites, they are not as closely
related as observance is to the worship of a god or deity.
All religions have ceremonies and rites regarding burial.
For Hindus, who believe in cremation, there can be no prayers
for the departing soul until a death has been formally declared.
For Jews, the practice of sitting shiva is supposed to follow
burial. For Muslims, washing a body and shrouding it in white
should proceed before funeral prayers or janaza. Burial,
dietary and marriage and divorce practices are manifestations
of freedom of religion or belief that must as a general rule
be protected as rights under international standards. But
each country has a variety of different approaches.
- Teaching: The role of teaching religion or belief
in public, private and religious schools and the rights
of parents and children in what is taught has been addressed
in Article 5. The three specific manifestations on teaching
in Article 6 might be considered as rights needed to prepare
to teach. This includes (1) the freedom to write, prepare
and distribute religious texts or publications, (2) the
freedom to establish seminaries, schools or other places
suitable for teaching religion or belief, and (3) the freedom
to choose, train and prepare religious leaders and teachers
called for by the requirements and standards of any religion
or belief.
Related Examples
- Turkey: In March 2000 two Christians (originally
Muslims who converted to Christianity), members of the
Izmir Fellowship of Jesus Christ, are said to have been
arrested as they sold and distributed Bibles and other
Christian literature in Kempalpasa, new Ismir.
- Azerbaijan: Six Jehovah’s Witnesses, employees
of a Baku gas refinery were fired when they began to provide
free materials to their colleagues, organized study groups
during work hours to spread [teach] the ideas, objectives
and purposes of their belief. They were later re-instated
but it raises the question of the right to teach a religion
or belief in places “suitable” for these purposes.
- Indonesia: On 17 January 2000, a number of Christian
churches and other properties were reportedly destroyed
on the island of Lombok, and the Christian population had
to flee to Bali.
- India: The Ayodhya Babar mosque was destroyed
by Hindu fundamentalists who claimed it was built on the
sacred site of a shrine to Ram, one of the most widely
worshipped Hindu deities. 8
- United States: According to a report by the
U.N. Special Rapporteur, Native American ceremonies and
rites are often based on special geographic features such
as burial sites, areas where sacred plants or other natural
materials are available, and structures, carvings or paintings
of religious significance. 9 In
the United States, many of these practices have been prohibited
as the lands have been confiscated by the Federal and State
governments for recreational, historic or economic uses.
- United States: While not an example of deliberate
discrimination, delay in the recovery of bodies from the
New York World Trade Center bombing, prevented Hindus,
Muslims and Jews killed from exercising religious practices
of burial. 10
- Great Britain: authorities have secured adjustments
in several areas of practice such as exempting turban-wearing
Sikhs from legislation requiring protective headgear, accommodations
in matters relating to burial customs, extension of the
legal and religious rights to marriages to Hindu, Sikh
and Muslim institutions and the rights of Jews and Muslims
to practice animal slaughter according to Jewish and Muslim
religious law. Still, blasphemy and blasphemous libel remain
criminal offences in Great Britain. Laws still relate to
Christian blasphemy, but not to other religions which in
1985, with the publication of Satanic Verses, infuriated
British Muslims who felt the book slandered Islam. When
it comes to the right to public and private communications,
freedom of expression issues overlap in a complex way with
freedom of thought, conscience and religion or belief in
tense debates over those who want all blasphemy laws repealed
and those who want it extended to all religions or beliefs. 11
Learning Experiences
This paragraph identifies the right to worship, practice,
observe and teach. Article 6 elaborates on these as nine
specific rights. If you are studying this as a group, a facilitator
may want to ask the group to list on a sheet of paper, ways
in which they think the rights to worship, observe, practice
and teach are manifested. Answer the questions for 1.1.4
in the topic notes for this paragraph.
TOPIC NOTES
PARAGRAPH 1.1: POLICY AND LEGAL FRAMEWORK
Everyone shall have the right to freedom of thought, conscience
and religion. This right shall include freedom to have a
religion or whatever belief of their choice, and freedom
either individually or in community with others and in private
or public to manifest their religion or belief in worship,
observance, practice and teaching.
Type the articles of your constitution on matters involving
freedom of religion or belief, in the Community Information
Database. Answer the questions in the topic notes below.
Edit the notes and enter in the Community Information Database.
Term 1.1.1: Thought, Conscience, Religion,
Belief
Describe what each of these terms mean in the 1981 U.N.
Declaration, followed by what they mean in the constitution
of your country, and how they apply to your community.
Term 1.1.2: Freedom to Choose, Whatever
Belief
Describe what freedom to choose whatever belief means in
the 1981 U.N. Declaration.
Does your description apply to your community? Explain.
Term 1.1.3: Individual, Community, Public,
Private
Are there any instances in your community where freedom
to practice your religion or belief as an individual, in
community, in public or private been denied? Explain.
Term 1.1.4: Worship, Observance, Practice,
Teaching
Define in your own words what each of these terms mean.
This is a good set of terms to exchange information with
by the Internet with monitors in other cultures and countries.
Edit your answer and transfer to the Community Information
Database.
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