Definition
The right to freedom of thought, conscience and religion is enshrined in Article 18 of the UN Declaration on the Elimination of all forms of Intolerance and Discrimination Based on Religious Belief (1981) The commentary (Human Rights Committee 1993) sees this right to be far-reaching and profound and cannot be set aside, even in time of public emergency. The right protects theistic, non-theistic and atheistic beliefs as well as the right not to profess any religion or belief.
Commentary
The right to freedom of thought conscience and religion entails the right to manifest belief, in private or public, to build places or worship, to display symbols of belief and wear items of clothing or headscarves, to adhere to dietary regulations, and to observe holidays or days of rest.
It also means the right to choose a religion, to recant or convert or to have no religion.
Force or penal sanctions cannot be used against the exercise of any of these rights, nor must coercion be applied by restriction of access to education, health or employment.
Restrictions on freedom of religion and belief are permitted only if they are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.
No manifestation of religion or belief may amount to propaganda for war or advocacy of national, racial or religious hatred.
In the UK, discussions between the authorities and religious minorities have resulted in a number of exceptions and compromises. Sikhs do not have to wear crash helmets, different burial customs are accommodated, the legal right to solemnise marriages has been extended to Hindus, Sikhs and Muslims.
Jews and Muslims can ritually slaughter animals, in spite of protest from the RSPCA and animal rights activists.
But other areas of tension remain. The 1988 Education Reform Act privileges Christianity above other religions when it requires Agreed Syllabuses ‘to reflect the fact that the religious traditions in Great Britain are in the main Christian, while taking account of the teaching and practices of the other principal religions'. The ERA also requires school assemblies to be of ‘wholly or mainly of a broadly Christian character.'
Whereas there are many Anglican, Roman Catholic and some Jewish ‘voluntary aided' schools, Islamic schools, seeking the same status have been refused.
Blasphemy laws, which still protect Christianity from ‘scurrilous, abusive or offensive' words do not, or did not in1989, in the case of Salman Rushdie's novel The Satanic Verses, apply to Islam.
Resources
Freedom of Religion and Belief - A World Report Eds Kevin Boyle and Juliet Sheen