Constitutional Doublethink, Managed Pluralism and Freedom of Religion

Abstract

"Religious freedom has been recognised as one of the most fundamental of human rights, and is enshrined in a number of international legal documents. The non- binding Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948, declares that '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 or in community with others and in public or in private, to manifest his religion or belief in worship, teaching, practice and observance' (Article 18).1 More than 144 nations have ratified the International Covenant on Civil and Political Rights, of which Article 18 guarantees to an individual the right to religious freedom and to manifest his religion or belief 'in worship, observance, practice, and teaching', and forbids any sort of coercion 'which would impair his freedom to have or to adopt a religion or belief of his choice'. 2 A number of regional human rights treaties, among them the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 9), the 1969 American Convention on Human Rights (Article 12), and the 1969 African Charter on Human and People's Rights (Article 8) all contain explicit guarantees of the individual's right to freedom of choice and expression in philo- sophical, religious and ideological matters."