2.2.1 Definition of Religious Freedom
Although religious freedom may be defined in multifaceted ways and interpreted from the perspective of history, culture, ethnicity, nationality, and political and legal
connotations, I choose to present the definition of religious freedom or Freedom of Religion or Belief (FoRB) from the legal and political standpoint. In 1948, the UN General Assembly unanimously approved and adopted the most commonly accepted definition of religious freedom, known as Article 18 in the Universal Declaration of Human Rights. Article 18 stipulates:
Everyone has the right to freedom of thought, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.52
Subsequently, in a similar spirit, the UN further reaffirmed and expounded these principles of religious freedom in both the International Covenant on Civil and Political Rights (ICCPR) in 196653 and the Declaration on the Elimination of all Forms of
principle of sphere sovereignty (soevereiniteit in eigen kring, literally ‘sovereignty in one’s sphere’), which
Guillaume Groen van Prinsterer (1801–1876), the nineteenth-century Dutch Calvinist,first conveyed.
50 Jonathan Chaplin, Herman Dooyeweerd: Christian Philosopher of State and Civil Society (Notre Dame, IN:
University of Notre Dame Press, 2011), Inside Front Book Cover.
51 Corwin E. Schmidt, ‘The Principled Pluralist Perspective’, in Church, State and Public Justice, Five
Views, ed. P. C. Kemeny (Downers Grove, IL: InterVarsity Press, 2007), pp. 127–68.
52 ‘Article 18’, in The Universal Declaration of Human Rights <http://www.un.org/en/ documents/udhr/>
[accessed 22 May 2014].
53 International Covenant on Civil and Political Rights <http://www.ohchr.org/en/professional interest/ pages/ccpr.aspx> [accessed 15 November 2014].
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Intolerance and of Discrimination Based on Religion or Belief in 1981.54 The latter two are now accepted as internationally recognized, legally binding human rights treaties. The most recent U.N. update in February 2017 reports that 169 countries have signed and ratified the ICCPR. Six countries, however, including China, have signed but not ratified this international law.55
2.2.2 Scope of Religious Freedom
Religious freedom, as the previously specified, international agreements and laws prescribe, can only be actualized or achieved when the State fully guarantees the following two principles. Certain limitations may apply only when the stated laws, as noted by the ICCPR, are violated.56
1. Everyone has the freedom to adhere to any religion or belief as well as the right to change his/her religion or belief, or nonbelief.
2. Each person possesses the right to practice/manifest/observe his/her religious belief alone or in a group, in private or in public and to express that belief in public discourse.
The scope of religious freedom that international norms dictate encompasses private as well as public dimensions and, in Timothy Shah’s judgment, includes:
the freedom to pray, to worship, to commune with one’s fellows of like mind and heart in the private practice of faith. But it is also the freedom to bear witness to one’s beliefs and commitments, to be visibly religious in public life, to associate freely based on religion, and peacefully to encounter others with differing views on a basis of equality. It is the freedom to organize and act politically, to vote, to make arguments about public policy, and to legislate, based on one’s religious beliefs, consistent with principles of universal justice toward others.57
The above two principles imply several key parameters by which the degree or dearth of religious freedom may be measured. These parameters include not only the right for citizens to believe or to change their beliefs or nonbeliefs in any religion, in private and in public, but also to practice their beliefs or religions in any peaceful way. In
54 Passed by the U.N. General Assembly Resolution 36/55.
55 Status of Ratification Interactive Dashboard <http://indicators.ohchr.org> [accessed 28 July 2017].
56 According to the ICCPR, Article 18, no. 3, freedom to manifest one’s religion or beliefs may be subject
only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
57 Timothy Shah, Religious Freedom, Why Now? Defending an Embattled Human Right (Princeton, NJ:
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addition, the State should neither show preference towards nor discriminate against one religion or worldview over another, particularly in its education system, but should offer teachings about diverse religions, making these equally accessible to all children in public schools.58 Furthermore, as part of religious freedom relating to children’s religious education, international laws stipulate that parents and legal guardians have the right to ensure their children receive an education that conforms with their own religious convictions.59 This right applies to both private and public education.
Heiner Bielefeldt asserts that regarding the freedom of religious practices, a civil government should ensure citizens have the right to proclaim their religion’s messages, convert others using noncoercive means, and present public policy proposals directly based on their religious convictions.60 Full religious freedom can only be realized when a country or State guarantees rights to its citizens in a pluralistic, democratic society, and protects those freedoms indicated in a constitutional mechanism – noted earlier – equally and fairly.