Freedom of Religion or Belief

Freedom of religion or belief has been described as one of the most controversial rights whose enjoyment is affected by contestation of its normative framework in theory and practice. Such contestation has only become more intense as it has also become wrapped up as part of the wider push back against the idea of human rights. 

Some of the controversies around freedom of religion or belief are on account of a misunderstanding of its assumed association with religious laws or norms, and of contestations around the intersection of freedom of religion or belief with numerous other human rights. At a time when religion and belief intolerance is rising and greater attention is being paid to the promotion and protection of freedom of religion or belief, it is important to engage with these debates and acutely examine such controversies. 

Freedom of religion is one of the oldest rights though its conceptualisation has evolved through the ages from a reciprocal demand for the protection of religious minorities to a paradigm of universal freedom articulated under the IHRL framework. Although the quest for religious freedom had played a crucial role in the development of the human rights framework, normative development of the right has been outpaced by that of other norms, such as racial discrimination. The essential framework is based on Article 18 of the Universal Declaration of Human Rights and on Article 18 of the Covenant on Civil and Political Rights. Attempts to develop a UN treaty has not made progress since the 1960s, and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981 Declaration) on remains the most detailed formulation of the right at the international level, and there is little prospect that a treaty can be negotiated. 

One of the reasons that work on a treaty is unlikely to resume is the intensifying contestation around key normative elements. This is highlighted, for example, by the imposition of restrictions on proselytising, the use of blasphemy laws, and restrictions imposed on the rights of women. Likewise, concern about violent religious extremism has increased the viewing of religion through a lens of national security, further eroding protection of the right to freedom of religion or belief. In addition to state-imposed restrictions, social hostilities that target humanists and atheists as well as those in vulnerable situations undermine the practical enjoyment of freedom of religion or belief. However, there is emerging realization that it is precisely because of such intolerance, that greater emphasis must be placed on the promotion of freedom of religion or belief. 

Violation of freedom of religion can occur in all contexts, whether religious or secular, and in public or in private, and may be carried out through a wide range of practices. One of the most frequent forms is that of discrimination against minorities, which may be both direct and overt, as in outright bans or in unequal treatment. Discrimination may also be indirect where general laws may, by intent or effect, undermine protected rights of members of various faith or belief communities. Such clashes pit claims based on equality against those based liberty and are becoming more salient as migration makes societies more diverse and plural. 

Amidst a sea of rising challenges, however, there has been unprecedented attention given to promoting freedom of religion and belief in domestic and international contexts. It is important to learn from the experiences of these activities and understand how respect for freedom of religion or belief can be advanced through norm clarification and good practice.

Tutor: Prof Ghanea or Prof Shaheed