Introduction
The right to freedom of thought, conscience, and religion is a dimension of modern human rights, enshrined in numerous national constitutions and international legal instruments. This fundamental right is predicated on several key philosophical principles that recognize the inherent dignity and worth of every individual. This piece will succinctly explore the underlying philosophy behind this right. It will also examine the core rationale that underpin the legal framework that protects this right together with its significance.
Universal and Inalienable Right
This right is enshrined in Article 18 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights (ICCPR) as well as Section 38(1) of the 1999 CFRN (as amended). The universality of this right is represented by the use of the word “EVERYONE” (which encompasses both citizens of a country and non citizens of a country) in the aforementioned provisions, It emphasises that “EVERYONE” has the right to freedom of thought, conscience, and religion, which includes the freedom to have or adopt a religion or belief of one’s choice.
Protection Against Coercion
This philosophy underscores the importance of protecting individuals from coercion that could impair their freedom to choose or change their religion or belief. No one shall be subject to coercion which would impair this freedom.
Manifestations of Belief
The right to manifest one’s religion or belief in worship, observance, practice, and teaching is also a crucial aspect. However, this freedom is not absolute and may be subject to limitations prescribed by law that are necessary to protect public safety, order, health, morals, or the fundamental rights and freedoms of others.
Broad and Extensive Interpretation
The terms “belief” and “religion” are to be interpreted broadly, encompassing theistic, non-theistic, and atheistic beliefs, as well as the right not to profess any religion or belief. This ensures that all forms of belief are protected, regardless of their traditional or institutional characteristics.
Absolute Freedom to Hold Beliefs
The freedom to hold a belief is absolute and unconditional. States cannot interfere with this right by dictating what a person believes or taking coercive steps to make them change their beliefs.
Respect for Parental Rights
The philosophy also respects 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.
Non-Derogability
Freedom of thought, conscience, and religion is considered a cornerstone of democratic societies and human rights. This right cannot be derogated from, even in times of public emergency.
Conclusion
In summary, the underlying philosophy emphasizes the individual’s autonomy to choose and practice their beliefs without coercion, while also ensuring that such freedoms do not harm others or public order. This balance is crucial for maintaining a society respectful of human rights and diversity.
This piece was written by Aniefiok Ini ukpong. Ani is a Legal Intern with Legal Emperors located at #32 Wellington Bassey Way, Uyo, Akwa Ibom State. He can be reached via ukponganiefiok2020@gmail.com