If not everyone has a religion, why protect it? Why make it a human right that everyone is granted?

 

 

Religion is often a part of people’s lifestyles, expression, and culture. Religion is a form of identity in many cultures. For people who have no religion, it is still important. It is this right that protects them from conforming to a religion. This right allows for everyone to believe in and practice their religion…even if that means believing in no religion at all.

 

What is religious freedom, and why is it important to protect it? What are some examples of violations of freedom of religion around the world, and what other rights might this affect?

Freedom of religion or belief is the right to choose what religion to follow, and to be able to worship without undue interference. 

 

• Freedom of religion or belief allows for anyone to not only hold personal thoughts and convictions, but also be able to express them publicly or privately. 

• Freedom of religion also covers subscribing to different schools of thought within a religion.

• It incorporates having the ability to change one’s religion or belief, including leaving a religion. 

• This also includes the freedom to hold non-religious beliefs.

 

This human right is guaranteed under 3 different international documents from the United Nations General Assembly: the Universal Declaration of Human Rights in Article 18, in the International Covenant on Civil and Political Rights in Article 18, and in the Declaration on the Elimination of All Forms of Indolence and of Discrimination Based on Religion or Belief.

 

Another human right that centers on the belief of freedom includes the freedom of conscience. The freedom of conscience is the freedom to act on any moral beliefs. This is a broader freedom than freedom of religion, because it covers all ethics and values a person has, including those outside of religion.

 

An additional human right that centers on the belief of freedom is freedom of thought. This is also broader than freedom of religion. This is freedom to consider any fact, viewpoint, or thought that is different from other viewpoints. 

 

This right is a popular right in the United States. It is also very controversial, as can be seen in several legal cases that I include in this article. Currently, the U.S. Supreme Court is more likely to side with religious liberty. Burwell V. Hobby Lobby is a fitting example of this. Hobby Lobby, which is a for-profit company, argued that the Affordable Care Act, which requires employers to cover insurance for contraceptives, went against their organization’s beliefs. Burwell was denied insurance from Hobby Lobby, so she went to court. The Supreme Court ruled in favor of Hobby Lobby, stating that the Religious Freedom Restoration Act was violated by the Affordable Care Act’s contraceptive mandate.  

 

Globally, freedom of religion, belief, and thought is not always fully realized. There are many countries that do not allow for religious liberty. Understanding that religion is a big part of life and culture for many people around the world is important in the protection of this right.

 

The freedom of religion and belief is a negative right. A negative right means that it restricts the government from interference. Specifically, it stops the government from interfering with your religion and beliefs. Negative rights are also considered natural rights. Natural rights are rights that are granted by nature or God that cannot be denied or restricted by any government or individual. They are universal, fundamental, and inalienable. They differ from legal rights, which are rights granted by the government such as access to education. A government is needed to provide education. A government is not needed to believe in a certain religion or belief. 

 

 

 

Religious discrimination is a violation of human rights. Religious discrimination may look different around the world. Some religious discrimination is more well known than other forms. 

 

In Asia, one of the most well-known cases of religious discrimination is the Uyghurs camps in Xinjiang, China. Uyghurs are the prominent ethnicity in that region of China.  In February of 2024, the Chinese government tightened regulations on religious practices for the Uyghurs, in order to make the Uyghurs conform with Han Chinese culture. President Xi Jinping hopes by changing the Uyghurs’ religious teachings and places of worship to reflect the Chinese Communist Party ideology, Uyghurs will convert. Uyghurs' religion is being suppressed by the Chinese government.

          

In the Middle East, there are many countries that state that their official religion is Islam. Iran, for example, specifies that Shi’a Islam is the official state religion. Because of this, people who identify with non-Shi’a Islam or any other religion are often discriminated against. People with minority religions often find it hard to get a job or even integrate into society. Iran does not allow for freedom of religion. Iran’s laws are heavily influenced by Shi’a law, making it hard for people of different faiths to live a life of human dignity.

         

In Western countries, where the freedom of religion is guaranteed in most governing documents, religious discrimination still exists. A common and long-practiced form of religious discrimination in North America is against indigenous populations. Many traditional indigenous religions are considered to have a nature-based way of life. Their land is considered sacred, and they often have a spiritual connection to the land. Certain states and territories have been known to restrict sacred ceremonies and languages. Things like forced displacement as well as environmental damage would be considered a violation of their human rights. Indigenous peoples have endured a long history of religious discrimination, and that discrimination is still ongoing.

 

 

Just like any other human right, the freedom of religion and belief is directly connected to other human rights. Meaning, if the freedom of religion and belief is affected, so are other rights, such as freedom of speech or freedom of the press. However, rights do not have to be similar for them to directly affect each other.

         

Sometimes, human rights work together. There are specific rights that are derived from the rights listed in the Universal Declaration of Human Rights (UDHR). For example, prisoner rights are more specific rights that are derived from the UDHR that are tailored to prisoners. Ware V. Louisiana Department of Corrections is an example of religious liberty and prisoner rights working together. Prisoners do not give up their basic human rights. This includes the freedom of religion and belief. In this case, Ware, a Rastafari prisoner whose religious beliefs required him to wear dreadlocks, was told to shave his head. Louisiana's DOC had grooming policies in which dreadlocks violated those policies. Ware won his case with the appeals court.

         

Sometimes, rights even combat with one another. A famous example of this is the Masterpiece Cupcake V. Colorado Civil Rights Commission. A quick summary is that a cake baker refused to sell a gay couple a wedding cake. There was controversy on whether this circumstance was considered discrimination or just someone expressing their religious beliefs. It caused even more controversy and uncertainty around human rights when the lower courts sided with the couple, but the Supreme Court sided with the baker.

 

Religion is often deeply connected in many cultures and lifestyles; because of that, it deserves protection. Despite international protections in place, there is still religious discrimination happening around the world that deserves attention. Freedom of religion and belief will always have a direct relation to other rights. Rights affect each other.