U2 AOS3 - Right to the Freedom of Religion

Question 1

Article 18 of the UDHR

Answer 1

• Everyone has the right to freedom of thought, conscience and religion. This right includes the freedom to change his religion or belief and freedom, either alone in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance

Question 2

The International Covenant on Civil and Political Rights (ICCPR) - Article 18

Answer 2

• Everyone has the right to freedom of thought, conscience and religion. This right includes the freedom to change his religion or belief and freedom, either alone in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance
• No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice
• Freedom to manifest one’s religions 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
• The states party 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

Question 3

Australian statute law

Answer 3

• Whilst there is no national rights charter, Commonwealth and State parliaments have passed legislation that protects the right to freedom of religion
• The following laws make it unlawful to discriminate against a person based on their religion or belief in employment, accommodation, education, membership and sport, etc.
  
  • Australian Human Rights Commission Act 1986 (Cth)
  • Racial and Religious Tolerance Act 2001 (Vic)
  • Equal Opportunity Act 2010 (Vic)

Question 4

Australian Constitution

Answer 4

• Section 116 of the Constitution provides Australians with a limited right to freedom of religion
• The Commonwealth Parliament cannot pass a law that:
  
  • Establishes an official or national religion
  • Imposes any religious observance
  • Prohibits the free exercise of any religion. However, this can be limited if the practising of a religion breaches Australian law or threatens national security
• Requires a religious test as a requirement for holding any Commonwealth office