Tuesday, December 14, 2010

Everyone has the right to freedom of thought, conscience 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.
                                                                                     -Article 18, Universal Declaration of Human Rights



The Universal Declaration of Human Rights, adopted by the United Nations in 1948, is the first global document that sets out a list of rights to which all human beings are entitled.  While the UDHR is not itself a legally binding document, it is widely considered to be a part of international customary law.  In addition, most articles from the UDHR have been codified into various covenants adopted by the UN, which are legally binding to their respective signatory states.

Article 18 from the Universal Declaration of Human Rights has been codified into the International Covenant on Civil and Political Rights in two places- Article 2 and Article 18.  Article 2 is more general and states provisions protecting from discrimination on the grounds of "...race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."

Article 18 in the ICCPR follows the article of the same number in the UDHR, but also expands on it.  The entire text is as follows:
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
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.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
Article 18 in the UDHR only sets the freedoms entitled to persons throughout the world; the same article in the ICCPR also places some restrictions, ensuring that the right does not infringe upon others', nor create some sort of risk to the public at large.  This balance between individual versus group rights has been a point of contention in many debates on the freedom of religion worldwide.