Box 11.4
Freedom of Religion: The UN Declaration (Extracts)165
The right to freedom of thought, conscience, religion or belief shall include, inter alia, the following freedoms:
(a) To worship or assemble in connection with a religion or belief, and to establish and maintain places for these
purposes; …
(d) To write, issue and disseminate relevant publications in these areas;
(e) To teach a religion or belief in places suitable for these purposes; …
(h) To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one’s
religion or belief;
(i) To establish and maintain communications with individuals and communities in matters of religion and belief
at the national and international levels.
165
It is not only mainstream or traditional religions that enjoy protection under Art. 9. Complaints have also been accepted by the Court from smaller or newer religions: for example,
the Druids,166 Scientologists,167 and the Divine Light Zentrum.168 For that reason, in 2004
the Royal Navy accommodated a Satanist by making available a space on board a Navy ship
for him to practise his religion.169
The European Court of Human Rights has stated that:
As enshrined in Article 9, freedom of thought, conscience and religion is one of
the foundations of a “democratic society” within the meaning of the Convention.
It is, in its religious dimension, one of the most vital elements that go to make up
the identity of believers and their conception of life, but it is also a precious asset
for atheists, agnostics, sceptics and the unconcerned. The pluralism indissociable
from a democratic society, which has been dearly won over the centuries, depends
on it.170
Religious discrimination
Discrimination in the enjoyment of human rights on grounds of religion is prohibited under the major human rights treaties, as discussed below. The European Convention contains a right, in Art. 14, not to be discriminated against in the enjoyment of a person’s Convention rights on various grounds: “such as sex, race, colour, language, religion, political
or other opinion, national or social origin, association with a national minority, property,
birth or other status”.
Art. 14 may be used by a person claiming that a state has discriminated on grounds of his
or her religion, especially in instances of the failure to accommodate religious practice in
165 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or
Belief, 1981.
166 Chappell v. UK, European Commission of Human Rights, 14 July 1987, Decisions and Reports, Vol. 53,
1987, p. 241.
167 X and Church of Scientology v. Sweden, European Commission of Human Rights, 5 May 1979, Decisions
and Reports, Vol. 16, 1978, p. 68.
168 Omkarananda and the Divine Light Zentrum v. Switzerland, European Commission of Human Rights, 19
March 1981, Decisions and Reports, Vol. 25, 1981, p. 105.
169 “Navy approves first ever Satanist”, BBC News, 24 October 2004, <http://news.bbc.co.uk/1/hi/uk/3948329.
stm>.
170 Kokkinakis v. Greece, European Court of Human Rights, 25 May 1993, European Human Rights Reports,
Vol. 17, 1993, p. 397, para. 31.
91
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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