Freedom of Religion
Freedom of
religion can be defined as a principle that supports the freedom of an individual
or community, in public or private, to manifest religion or belief in
practice, worship, and observance. It also includes the freedom to change one's
religion or beliefs. It is considered as a fundamental Human right.
Historically, freedom of
religion has been used to refer to the tolerance of different theological
systems of belief, while freedom of worship has been defined as
freedom of individual action. However, it wasn’t that easy to make
this principle recognized and codified. Wars caused or justified by differences in religion are uncountable.
including the Israeli–Palestinian
conflict, the Syrian civil war, and the wars in Afghanistan and Iraq.
As far back as the Mesopotamian Ages,
people have fought one another over religious dispute, often because they
believed that their God was guiding them to do so, in order to conquer land and
build their nation.
Religious freedom, or freedom of
conscience, is critical to the health of a diverse society. It allows different
faiths and beliefs to flourish. Religious freedom protects the rights of all
groups and individuals, including the most vulnerable, whether religious or not.
Guaranteed by many International conventions or national law, this principle is
still violated by many countries or religious groups, nowadays , Even in
societies where freedom of
religion is a constitutional right,
adherents of religious minorities sometimes are exposed for religious
discrimination.
However, the status of religious freedom around the world varies from
country to country. States can differ based on whether or not they
guarantee equal
treatment under law for followers of different religions, whether they establish
a state religion (and the legal implications that this
has for both practitioners and non-practitioners), the extent to which
religious organizations operating within the country are policed, and the
extent to which religious law is used as a basis for the country's
legal code.
Around the
world we can start by mentioning that in 1779 In United states – Virginia Thomas Jefferson drafted a bill that would guarantee
the religious freedoms of Virginians of all faiths—including those with no
faith—but the bill did not pass into law. And this is an extract from this Bill
mentioned in the book “Pathways to freedom” By Edwin D.Hoffman:
“ Be it
enacted by the General Assembly, That no man shall be compelled to frequent or
support any religious worship, place or ministry whatever, nor shall be
enforced, molested or burthened in his body or goods, nor shall otherwise
suffer on account of this religious opinions or beliefs; but that all men shall
be free to profess, and by argument to maintain their opinions in matters of
religion, and that the same in no wise diminish, enlarge or affect their civil
capacities,”
Later on, in
1785, Virginia statesman (and future
president) James
Madison argued
against state support of Christian religious instruction. Madison did go on to
draft the First
Amendment, a part of
the Bill of
Rights that would
provide constitutional protection for certain individual liberties including
freedom of religion, freedom of speech and the press. The First Amendment was
adopted on December 15, 1791. It established a separation of church and state
that prohibited the federal government from making any law “respecting an
establishment of religion.”
The fourteenth
amendment extended religious freedom by preventing states from enacting laws
that would advance or inhibit any one religion; Adopted in 1868.
Nowadays, United
stated is involved in acts of Religious intolerance, and we can mention the Muslim
ban in 2017 orders by President Donald
J. Trump, citing that
the bans—which discriminate against the citizens of several Muslim-majority
nations—would violate the First Amendment’s Establishment Clause.
Meanwhile, In Tunisia,
Islam is the
official religion of the Tunisian state, but contrary to many Arab states,
Tunisia enjoys degrees of secularism and religious tolerance. There is no
penalty for apostasy (leaving Islam). The Constitution of Tunisia provides for freedom of religion, belief and the freedom to practice the rites of one's religion unless
they disturb the public order; however, the government imposes some
restrictions on this right. The Constitution declares the country's
determination to adhere to the teachings of Islam and stipulates that Islam is
the official state religion and that the president must be Muslim. The
government does not permit the establishment of political parties on the basis
of religion and prohibits efforts to proselytize.
On the other side of the world, Saudi
Arabia prohibits outright the practice of any non-Muslim religion in their
country, also in Uzbekistan where there are 13,500 religious and political
prisoners in 2016, the same goes for Iran, The USCIRF (United States Commission on International Religious Freedom) report accuses Iran of a systemic campaign against religious freedom via
harassment, arrests, and imprisonment for Baha’is, Christian converts, Sunni
Muslims, and even dissenting Shiaa Muslims in the Shiaa nation.
The primary sources of law
underpinning the mandate of the Special Reporter on freedom of religion or
belief are article 18 of the Universal Declaration of Human Rights (1948),
article 18 of the International Covenant on Civil and Political Rights (1966)
and the Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief (1981).
We can also mention The International Religious Freedom Act of
1998; it refers to freedom of religious beliefs as a “universal right”,
stating: “The right to freedom of religion undergirds the very origin and
existence of the United States. Many of our Nation’s founders fled religious
persecution abroad, cherishing in their hearts and minds the ideal of religious
freedom. They established in law, as a fundamental right and as a pillar of our
Nation, the right to freedom of religion. From its birth to this day, the
United States has prized this legacy of religious freedom and honored this
heritage by standing for religious freedom and offering refuge to those
suffering religious persecution.”
To Sum up,
freedom of religion is fundamental human right announced by international
declarations, also declared in many countries constitutions, Yet many people
around the world still suffer from religious discrimination, one of the most
famous cases is of British
Airways employee “Nadia Eweida” who was subject to discrimination at work
because of her faith, she won this claim of religious discrimination after
being sent home for wearing a silver crucifix around her neck.
By: Balkiss
weslati
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